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Allianz SECTION IV DEFINITIONS Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition 1. Notices that are published include material placed on the Internet or on similar electronic means of communication and 2. Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. Advertising injury means injury other than bodily injury or personal injury arising solely out of your advertising activities as a result of one or more of the following offenses 1. Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services 2. Oral or written publication in any manner of material that violates a person s right of privacy 3. The use of another s advertising idea in your advertisement or 4. Infringing upon another s copyright trade dress or slogan in your advertisement. Auto means a land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment. But auto does not include mobile equipment. Bodily injury means bodily injury sickness disability or disease sustained by a person including death resulting from any of these at any time. Bodily injury includes humiliation shock mental anguish or other mental injury resulting from bodily injury. Covered auto means only those autos to which scheduled underlying insurance applies. Electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devises or any other media which are used with electronically controlled equipment.. Employee means a person working for you for remuneration. Employee includes a Leased Worker but employee does not include a Temporary Worker. For the purposes of this insurance 1. A Leased Worker is a person other than a Temporary Worker leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business and 2. A Temporary Worker is a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Executive officer means a person holding any of the officer positions created by your charter constitution by laws or any other similar governing document. Impaired property means tangible property other than your product or your work that can not be used or is less useful because 1. It incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or 2. You have failed to fulfill the terms of a contract or agreement If such property can be restored to use by the repair replacement adjustment or removal of your product or your work or your fulfilling the terms of the contract or agreement. AGR CU 2001 07 11 Page 4 of 20 | 1 |
Allianz J. Insured means 1. The Named Insured 2. Ifyouare b. e. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees 3. Each of the following b. e. Your volunteer workers but only while performing duties related to the conduct of your business and Your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business However none of these volunteer workers or employees are insureds for bodily injury or personal injury 1 To you to your partners or members if you are a partnership or joint venture or to your members if you are a limited liability company or 2 For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph a immediately preceding Any person other than your employee or volunteer worker or any organization while acting as your real estate manager Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this policy 4. With respect to mobile equipment registered in your name under any motor vehicle registration law any person while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured but only with respect to liability arising out of the operation of the equipment and only if no other insurance of any kind is available to that person or organization for this liability 5. Any person or organization other than a Named Insured included as an additional insured in any scheduled underlying insurance however Coverage provided by this insurance will not be broader than coverage provided to such person or organization by the scheduled underlying insurance and AGR CU 2001 07 11 Page 5 of 20 Page 5 of 20 | 1 |
Allianz b. If coverage is required by contract or agreement the most we will pay on behalf of the additional insured is the amount of insurance required by the contract less any amounts payable by any scheduled underlying insurance not to exceed the available limits afforded by Section Il Limits of Insurance. 6. Notwithstanding any of the above a. No person or organization is an insured with respect to the conduct of any current past or newly formed partnership joint venture or limited liability company that is not designated as a named insured in Item 1 of the Declarations and b. No person or organization is an insured under this policy who is not an Insured under applicable Scheduled Underlying Insurance. This provision shall not apply to any organization set forth in the definition of Named Insured in Paragraph M. 3. Insured Contract means that part of any contract or agreement under which you assume the tort liability of another party to pay for bodily injury property damage personal injury or advertising injury to a third person or organization provided the contract or agreement 1. Pertains to your business and 2. s executed prior to the occurrence causing the injury or damage. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Insured Contract does not include any contract or statement 1. That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks roadbeds tunnel underpass or crossing 2. That indemnifies an architect engineer or surveyor for injury or damage arising out of a. Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b. Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3. Under which the insured if an architect engineer or surveyor assumes liability for injury or damage arising out of the insured s rendering or failure to render professional services including those shown in subparagraph 2. above or supervisory inspection architectural or engineering activities. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment 1. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads 2. Vehicles maintained for use solely on or next to premises you own or rent 3. Vehicles that travel on crawler treads 4. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted a. Power cranes shovels loaders diggers or drills or b. Road construction or resurfacing equipment such as graders scrapers or rollers 5. Vehicles not described in 1. 2. 3. or 4. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types a. Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or b. Cherry pickers and similar devices used to raise or lower workers AGR CU 2001 07 11 Page 6 of 20 | 1 |
Allianz 6. Vehicles not described in 1. 2. 3. or 4. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos a. Equipment designed primarily for 1 Snow removal 2 Road maintenance but not construction or resurfacing or 3 Street Cleaning b. Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and c. Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. M. Named insured means 1. The first person or organization designated in Item 1. of the Declarations the first named insured 2. Any other person or organization designated in Item 1. of the Declarations and 3. Each of the following with respect to any person or organization designated in Item 1. of the Declarations a. Any organization that is a subsidiary as of the effective date of this policy b. Any organization over which ownership or majority interest is maintained as of the effective date of this policy and c. Any organization that is newly acquired or formed during the policy period other than a partnership joint venture or limited liability company and over which ownership or majority interest is maintained. However 1 This insurance does not apply to bodily injury property damage personal injury or advertising injury that occurred before the organization was acquired or formed 2 The first named insured agrees to give us prompt notice that the organization has been acquired or formed and 3 We may charge an additional premium for insuring the organization. You agree that any organization to which paragraph 3. above applies will be required to be included as an insured under applicable scheduled underlying insurance. If you fail to comply with this requirement coverage under this policy will apply as though the organization was included as an insured under the highest applicable limit of scheduled underlying insurance. N. Occurrence 1. With respect to bodily injury and property damage occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. All such exposure to substantially the same general conditions shall be considered as arising out of one occurrence. 2. With respect to personal injury occurrence means a covered offense that arises out of your business. Allinjury that arises from the same or related material or offense shall be considered as arising out of AGR CU 2001 07 11 Page 7 of 20 | 1 |
Allianz one occurrence regardless of the frequency or repetition thereof the number and kind of media used and the number of claimants. 3. With respect to advertising injury occurrence means a covered offense committed in the course of advertising your goods products or services. All injury that arises from the same or related material or offense shall be considered as arising out of one occurrence regardless of the frequency or repetition thereof the number and kind of media used and the number of claimants. 0. Other insurance means a valid and collectible policy of insurance providing coverage for damages covered in whole or in part by this policy. However other insurance does not include scheduled underlying insurance or any policy of insurance specifically purchased to be excess of this policy affording coverage this policy also affords. P. Personal injury means injury other than advertising injury or bodily injury arising out of one or more of the following offenses 1. False arrest detention or imprisonment 2. Malicious prosecution 3. The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor 4. Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services 5. Oral or written publication in any manner of material that violates a person s right of privacy. Q. Policy period means the period of time from the inception date of this policy shown in the Declarations and the expiration date shown in the Declarations or the effective date of termination of this policy. R. Products completed operations hazard 1. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except a. Products that are still in your physical possession or b. Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times 1 When all of the work called for in your contract has been completed. 2 When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. 3 When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. 2. Does not include bodily injury or property damage arising out of a. The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured or b. The existence of tools uninstalled equipment or abandoned or unused materials. S. Property damage means 1. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or 2. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. AGR CU 2001 07 11 Page 8 of 20 Page 8 of 20 | 1 |
Allianz For the purposes of this insurance Electronic Data is not tangible property. Retained limit means 1. The total applicable limits of scheduled underlying insurance and any applicable Other Insurance providing coverage to the Insured or 2. The dollar amount listed in the Declarations as Self Insured Retention which applies separately to each occurrence that results in damages not covered by any scheduled underlying insurance. Scheduled underlying insurance means an insurance policy or self insured retentions listed in the Schedule of Underlying Insurance forming a part of this policy including any renewals or replacements thereof. Suit means a civil proceeding in which damages because of bodily injury property damage personal injury or advertising injury to which this insurance applies are alleged. Suit includes 1. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or 2. Any other alternative dispute resolution proceedings in which such damages are claimed and to which the insured submits with our consent.. Volunteer worker means a person who 1. s not your employee 2. Donates his or her work 3. Acts at the direction of and within the scope of duties determined by you and 4. Is not paid a fee salary or other compensation by you or anyone else for his or her work performed for you. Your product 1. Means a. Any goods or products other than real property manufactured sold handled distributed or disposed of by 1 You 2 Others trading under your name or 3 A person or organization whose business or assets you have acquired and b. Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. 2. Includes a. Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and b. The providing of or failure to provide warnings or instructions. 3. Does not include vending machines or other property rented to or located for the use of others but not sold. Your work 1. Means a. Work or operations performed by you or on your behalf and b. Materials parts or equipment furnished in connection with such work or operations. 2. Includes a. Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and AGR CU 2001 07 11 Page 9 of 20 | 1 |
Allianz b. The providing of or failure to provide warnings or instructions. SECTION V EXCLUSIONS This insurance does not apply to A. Workers Compensation and Similar Laws 1. Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. B. E.R.LS.A. 1. Any obligation of the insured under the Employees Retirement Income Security Act E.R.. S.A. and any amendments thereto or any similar law. C. Auto Coverages 1. 2. Bodily injury or property damage arising out of the ownership maintenance or use of any auto that is not a covered auto or Any loss cost or expense payable under or resulting from any first party physical damage coverage no fault law personal injury protection or auto medical payments coverage uninsured or underinsured motorist law or any similar law. D. Damage to Property Property damage to 1. Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property Premises you sell give away or abandon if the property damage arises out of any part of those premises Property loaned to you Personal property in the care custody or control of the insured That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraphs 1. 3. and 4. of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of 7 or fewer days. Paragraph 2. of this exclusion does not apply if the premises are your work and were never occupied or rented or held for rental by you. Paragraphs 3. 4. 5. and 6. of this exclusion do not apply to liability assumed under a side track agreement. Paragraph 6. of this exclusion does not apply to property damage included in the products completed operations hazard. E. Damage to Impaired Property or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1. A defect deficiency inadequacy or dangerous condition in your product or your work or 2. A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. AGR CU 2001 07 11 Page 10 of 20 Page 10 of 20 | 1 |
Allianz This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. Damage To Your Product Property damage to your product arising out of it or any part of it.. Damage to Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. Recall of Products Work or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1. Your product 2. Your work or 3. Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. Liability of Employees and Volunteer Workers Liability of 1. Any of your employees with respect to bodily injury or personal injury to a. A coemployee while in the course of his or her employment or b. A coemployee or any of your volunteer workers while performing duties related to the conduct of your business 2. Any of your volunteer workers with respect to bodily injury or personal injury to a. Any of your employees while in the course of his or her employment or b. Any of your employees or other volunteer workers while performing duties related to the conduct of your business. This exclusion applies to 1. Bodily injury or personal injury to the spouse child parent brother or sister of that employee or volunteer worker as a consequence of Paragraphs I.1. or I.2.above and 2. Any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to the extent that valid scheduled underlying insurance for the employee and volunteer workers liability risks described above exists or would have existed but for the exhaustion of applicable limits of insurance. Aircraft or Watercraft 1. Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft or watercraft owned or operated by or rented to or loaned to any insured. Use of an aircraft or watercraft includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use of AGR CU 2001 07 11 Page 11 of 20 | 1 |
K. Allianz entrustment to others of any watercraft or any aircraft that is owned or operated by or rented to or loaned to any insured. 2. This exclusion does not apply to bodily injury or property damage arising from a. An aircraft that you do not own that is chartered by loaned to or hired by you with a crew or b. A watercraft while ashore on premises you own or rent or c. A watercraft you do not own that is less than 26 feet long and not being used to carry persons or property for a charge or d. Other aircraft or watercraft owned by operated by maintained by used by rented to loaned to or otherwise entrusted to any insured to the extent that valid scheduled underlying insurance for such risks exists or would have existed but for the exhaustion of applicable limits of insurance. Electronic Chatrooms Bulletin Boards or Electronic Data 1. Personal Injury or advertising injury arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control. 2. Damages arising out of the loss of use of damage to corruption of inability to access or inability to manipulate electronic data. Insureds in Media and Internet Type Businesses Personal injury or advertising injury committed by an insured whose business is 1. Advertising broadcasting publishing or telecasting 2. Designing or determining content of web sites for others or 3. An Internet search access content or service provider. This exclusion does not apply to Paragraphs 1. 2. and 3. of the definition of personal injury. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting.. Personal Injury and Advertising Injury Exclusions Personal Injury or Advertising injury 1. Arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement or 2. Arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement or 3. Arising out of the wrong description of the price of goods products or services stated in your advertisement or 4. Caused by or at the direction of the insured with the knowledge that the act would violate the rights or another and would inflict personal injury or advertising injury or 5. Arising out of oral or written publication of material if done by or at the direction of the insured with knowledge or its falsity or 6. Arising out of the oral or written publication of material whose first publication took place before the beginning of the policy period or 7. Arising out of a criminal act committed by or at the direction of the insured. Pollution 1. Bodily injury property damage or personal injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of Pollutants at any time anywhere in the world. AGR CU 2001 07 11 Page 12 of 20 Page 12 of 20 | 1 |
Allianz 2. Any loss cost or expense arising out of any request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of Pollutants or 3. Any loss cost or expense arising out of any claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of Pollutants. This exclusion does not apply to bodily injury property damage or personal injury 1. Arising out of heat smoke or fumes from a Hostile Fire 2. Arising out of the upset overturn or collision of mobile equipment or a covered auto or 3. Included in the products completed operations hazard to the extent that valid scheduled underlying insurance for the pollution liability risks described above exists or would have existed but for the exhaustion of applicable limits of insurance. As used in this exclusion 1. A Hostile Fire means one which becomes uncontrollable or breaks out from where it was intended to be and 2. Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and Waste. Waste includes materials to be recycled reconditioned or reclaimed. War Bodily injury property damage or indirectly out of personal injury or advertising injury however caused arising directly 1. War including undeclared or civil war or 2. Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3. Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Expected or Intended Injury or Damage Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. Asbestos 1. Bodily injury property damage personal injury or advertising injury arising out of the manufacture of mining of use of sale of installation of removal of distribution of or exposure to asbestos asbestos products asbestos fibers or asbestos dust 2. Any obligation of the insured to indemnify any party because of damages arising out of such bodily injury property damage personal injury or advertising injury as a result of the manufacture of mining of use of sale of installation of removal of distribution of or exposure to asbestos asbestos products asbestos fibers or asbestos dust or 3. Any obligation to defend any suit or claim against the insured alleging bodily injury property damage personal injury or advertising injury and seeking damages if such suit or claim arises from bodily injury property damage personal injury or advertising injury as a result of the manufacture of mining of use of sale of installation of removal of distribution of or exposure to asbestos asbestos products asbestos fibers or asbestos dust. Employment Related Practices Bodily injury or personal injury to AGR CU 2001 07 11 Page 13 of 20 Page 13 of 20 | 1 |
Allianz 1. Aperson arising out of any a. Refusal to employ that person b. Termination of that person s employment or c. Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation or discrimination directed at that person or 2. The spouse child parent brother or sister of that person as a consequence of injury to that person at whom any of the employment related practices described in Paragraphs a. b. or c. above is directed. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. S. Securities and Financial Instruments Bodily injury property damage personal injury or advertising injury arising out of or by reason of The purchase sale offer of sale or solicitation of any security debt insurance policy bank deposit or financial interest or instrument Any representations made at any time in relation to the price or value of any security debt insurance policy bank deposit or financial interest or instrument or Any depreciation or decline in price or value of any security debt insurance policy bank deposit or financial interest or instrument. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1. 2. 3. Causing or contributing to the intoxication of any person The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion does not apply to the extent that valid scheduled underlying insurance for the liquor liability risks described above exists or would have existed but for the exhaustion of applicable limits of insurance. Aircraft Products and Grounding Bodily injury or property damage arising out of Aircraft Products or Grounding. As used in this exclusion 1. 2. Aircraft Products means any aircraft including missiles spacecraft satellites and any ground control or support equipment intended for use in connection therewith and any other goods products or services specifically intended for use in the manufacture repair service operation or maintenance of any aircraft and Grounding means the withdrawal of any aircraft from service or the imposition of any restrictions on the use of any aircraft arising out of Aircraft Products. Nuclear Energy Liability 1. Bodily injury or property damage a. With respect to which an insured under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors or would be an Insured under any such policy but for its termination upon exhaustion of its limit of liability or AGR CU 2001 07 11 Page 14 of 20 | 1 |
Allianz Resulting from the Hazardous Properties of Nuclear Material and with respect to which 1 any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or 2 the insured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization. 2. Bodily injury or property damage resulting from Hazardous Properties of Nuclear Material if b. The Nuclear Material 1 is at any Nuclear Facility owned by or operated by or on behalf of an insured or 2 has been discharged or dispersed therefrom The Nuclear Material is contained in Spent Fuel or Waste at any time possessed handled used processed stored transported or disposed of by or on behalf of an insured or The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any Nuclear Facility but if such facility is located within the United States of America its territories or possessions or Canada this Exclusion c applies only to property damage to such Nuclear Facility and any property thereat. 3. Asused in this exclusion a. b. h. Hazardous Properties includes radioactive toxic or explosive properties. Nuclear Material means Source Material Special Nuclear Material or By Product Material. Source Material Special Nuclear Material and By Product Material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent Fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a Nuclear Reactor. Waste means any waste material 1 containing By Product Material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its Source Material content and 2 resulting from the operation by any person or organization of any Nuclear Facility included under the first two paragraphs of the definition of Nuclear Facility. Nuclear Facility means 1 Any Nuclear Reactor 2 Any equipment or device designed or used for a separating the isotopes of uranium or plutonium b processing or utilizing Spent Fuel or c handling processing or packaging Waste 3 Any equipment or device used for the processing fabricating or alloying of Special Nuclear Material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 4 Any structure basin excavation premises or place prepared or used for the storage or disposal of Waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. Nuclear Reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioactive contamination of property. W. Contractual Liability 1. Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages AGR CU 2001 07 11 Page 15 of 20 | 1 |
Allianz a. That the insured would have in the absence of the contract or agreement or b. Assumed in a contract that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorney fees and necessary litigation expenses incurred by or for a party other than the insured are deemed to be damages because of bodily injury or property damage and included within the Limits of Insurance of this policy provided 1 Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and 2 Such attorney fees and litigation expenses are for the defense of that party against a civil proceeding or an alternative dispute resolution proceeding alleging damages to which this policy applies. 2. Personal injury or advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply for damages a. That the insured would have in the absence of the contract or agreement or b. Assumed in a contract or agreement that is an insured contract provided the personal injury andor advertising injury tales place subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorney fees and necessary litigation expenses incurred by or for a party other than the insured are deemed to be damages because of bodily injury or property damage and included within the Limits of Insurance of this policy provided 1 Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and 2 Such attorney fees and litigation expenses are for the defense of that party against a civil proceeding or an alternative dispute resolution proceeding alleging damages to which this policy applies. Violation of Statutes Governing Communications or Information Bodily injury property damage personal injury or advertising injury arising out of any action or omission that violates any statute ordinance or regulation or any federal state province or local or other governmental body including any amendments or additions to such laws that prohibits or limits the sending disposal collecting recording transmitting communicating or distribution of material or information. Infringement of Copyright Patent Trademark or Trade Secret Personal injury or advertising injury arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. However this exclusion does not apply to infringement in your advertisement of copyright trade dress or slogan. Unauthorized Use of Another s Name or Product Personal Injury or advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. SECTION VI CONDITIONS A. Appeals 1. If the insured or the insured s insurer elects not to appeal a judgment in excess of the Retained Limit as defined in Section IV Definitions we may do so at our own expense. We will be liable for taxable costs pre judgment and postjudgment interest and disbursements. B. Bankruptcy 1. Bankruptcy or Insolvency of Insured AGR CU 2001 07 11 Page 16 of 20 Page 16 of 20 | 1 |
Allianz Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this policy. Bankruptcy or Insolvency of Insurers Bankruptcy or insolvency of any insurer will not relieve us of our obligations under this policy. However this insurance will not replace any scheduled underlying insurance in the event of bankruptcy or insolvency of the insurer. This insurance will apply as if the scheduled underlying insurance were in full effect. C. Cancellation 1. The first named insured may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first named insured written notice of cancellation at least a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium or b. 90 days before the effective date of cancellation if we cancel for any other reason. If this policy is in effect for more than 60 days our reasons for cancellation other than cancellation for nonpayment of premium will be limited to those reasons permitted by the laws or statutes of the jurisdiction governing the cancellation of this policy. 3. We will mail or deliver our notice to the first named insured s mailing address shown in Item 1 of the Declarations. If notice is mailed proof of mailing will be sufficient proof of notice. 4. Notice of cancellation will state the effective date and time of cancellation. The policy period will end on that date and time. 5. If this policy is cancelled we will send the first named insured any premium refund due. If we cancel the refund will be pro rata. If the first named insured cancels the refund may be less than pro rata. 6. Premium adjustment may be made at the time of cancellation or as soon as practicable thereafter but the cancellation will be effective even if we have not made or offered any refund due. Our check or our representative s check mailed and delivered will be sufficient tender of any refund due you. 7. This condition is amended where necessary to comply with the applicable state law regarding Cancellation. D. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first named insured is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy. E. Duties in the Event of Occurrence Claim or Suit 1. 3. You must see to it that we are notified as soon as practicable of an occurrence regardless of the amount which may result in a claim under this policy. To the extent possible notice should include a. How when and where the occurrence took place b. The names and addresses of any injured persons and witnesses and c. The nature and location of any injury or damage arising out of the occurrence. If a claim is made or suit is brought against any insured that is reasonably likely to involve this policy you must a. Record the specifics of the claim or suit and the date received and b. See to it that we receive written notice of the claim or suit as soon as practicable including other materials and information in your possession pertinent and relevant to the claim or suit. You and any other involved insured must AGR CU 2001 07 11 Page 17 of 20 Page 17 of 20 | 1 |
Allianz a. Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit b. Authorize us to obtain records and other information c. Cooperate with us in the investigation or settlement of the claim or defense against the suit and d. Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. 4. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. Examination of Your Books and Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. Headings The descriptions in the headings of this policy are solely for convenience and form no part of the terms and conditions of insurance. Inspections and Surveys 1. We have the right to a. Make inspections and surveys at any time b. Give you reports on the conditions we find and c. Recommend changes. 2. We are not obligated to make any inspections surveys reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys reports or recommendations. Legal Action Against Us No person or organization has a right under this policy 1. Tojoin us as a party or otherwise bring us into a suit asking for damages from an insured or 2. To sue us on this policy unless all of its terms have been fully complied with. Loss Payable 1. Liability under this policy shall not apply unless and until the insured or the insured s insurer has become obligated to pay the Retained Limit as defined in Section IV Definitions. 2. When the amount of damages has been finally determined we will promptly pay the amount of damages falling within the terms of this policy. 3. We may pay all or part of the dollar amount listed in the Declarations as Self Insured Retention to effect settlement of any claim or suit. Upon notification of the action taken you shall promptly reimburse us for such payment. Maintenance of Underlying Insurance 1. During the period of this policy you agree that AGR CU 2001 07 11 Page 18 of 20 Page 18 of 20 | 1 |
Allianz a. The scheduled underlying insurance will be maintained in full effect except for any renewal or replacement policies that provide equivalent coverage b. The terms and conditions of the scheduled underlying insurance will not materially change and c. The limits of insurance of the scheduled underlying insurance will not change except for any reduction or exhaustion of aggregate limits due to payments for occurrences to which this insurance applies. Failure to comply with these requirements will not invalidate this insurance. However this insurance will apply to the same extent it would have applied had there been full compliance with these requirements. 2. You agree to notify us as soon as practicable when a. Any insurance policy listed in the Schedule of Underlying Insurance is no longer in effect or b. The terms of any such policy change. Other Insurance If valid and collectible insurance applies to damages that are also covered by this policy this policy will apply as excess of the other insurance and will not contribute with the other insurance. However this provision will not apply if the other insurance is specifically written to be excess of this policy. M. Premiums and Audit 1. 4. The first named insured a. Is responsible for the payment of all premiums and b. Will be the payee for any return premiums we pay. We will compute all premiums for this policy in accordance with our rules and rates. Premium shown in this policy as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first named insured. The due date for audit premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first named insured subject to any applicable minimum premium. The first named insured must keep records of the information we need for premium computation and send us copies at such times as we may request. N. Representations or Fraud By accepting this policy you agree 1. 2. The statements in the Declarations are accurate and complete Those statements are based upon representations you made to us We have issued this policy in reliance upon your representations and This policy is void in any case of fraud by you as it relates to this policy or any claim under this policy. 0. Separation of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this policy to the first named insured this insurance applies 1. 2. As if each named insured were the only named insured and Separately to each insured against whom claim is made or suit is brought. P. Transfer of Rights of Recovery Against Others to Us AGR CU 2001 07 11 Page 19 of 20 | 2 |
Allianz 1. If the insured has rights to recover all or part of any payment we have made under this policy those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. 2. Any amount recovered will be apportioned in the inverse order of payment of loss to the extent of actual payment. The expenses of all such recovery proceedings will be apportioned in the ratio of respective recoveries. 3. If prior to the time of an occurrence you waive any right of recovery against a specific person or organization for injury or damage as required under an insured contract we will also waive any rights we may have against such person or organization. Transfer of Your Rights and Duties Under This policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. Unintentional Failure to Disclose If you unintentionally fail to disclose all hazards existing at the inception date of this policy we will not deny coverage because of such failure. However this does not affect our right to collect additional premium or to exercise our right of cancellation or non renewal. Violation of Economic or Trade Sanctions If coverage for a claim or suit under this policy is in violation of any United States of America economic or trade sanctions including but not limited to sanctions administered and enforced by the United States Treasury Department s Office of Foreign Assets Control OFAC then coverage for that claim or suit will be and void. When We Do Not Renew If we decide not to renew this policy we will mail or deliver to the first named insured written notice of the nonrenewal not less than 60 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. This condition is amended where necessary to comply with the applicable state law regarding nonrenewal. AGR CU 2001 07 11 Page 20 of 20 | 1 |
Allianz Global Risks SCHEDULE OF UNDERLYING INSURANCE It is agreed that this policy is excess over all insurance policies or self insured retentions including any renewal or replacements thereof as scheduled below. Insurer Policy Number Policy Period Coverages Limits Co Allianz Global Risks US Insurance Company Policy USL00146521 Policy Period January 01 2021 to January 01 2022 Commercial General Liability including Products Completed Operations Employee Benefits Liability Retroactive Date June 15 1999 Each Occurrence Limit 1000000 Personal and Advertising Injury Limit 1000000 General Aggregate Limit 1000000 Products Completed Operations Aggregate Limit 1000000 Each Employee 1000000 Aggregate 1000000 Co The Travelers Indemnity Company of Connecticut Policy 8108L862441 Policy Period January 01 2021 to January 01 2022 AZ CAFL GA IL MN NC NY RI TX Commercial Automobile Liability Bodily Injury or Property Damage Liability Combined Single Limit 1000000 Co Travelers Property Casualty Company of America Policy UB8L866010 Policy Period January 01 2021 to January 01 2022 AZ CA FL GA IL IN MD MA MN NY NC PA RI TX Employers Liability Coverage B Employers Liability Bodily Injury By Accident 1000000 Each Accident Bodily Injury By Disease 1000000 Each Employee 1000000 Policy Limit iability including roducts Completed perations mployee Benefits Advertising Injury egate Limit pleted Operations nit ombined Single Limit 1000000 1000000 Each Accident odily Injury By Disease 1000000 Each Employee 1000000 Policy Limit AGR CU 1501 02 13 Page 1 of 1 | 2 |
Allianz Global Risks EXCLUSION MINING OPERATIONS This insurance does not apply to any liability arising out of mining operations conducted at any location. All other terms and conditions remain unchanged. AGR CU 5008 01 04 Page 1 of 1 | 2 |
Allianz Global Risks EXCLUSION PROFESSIONAL LIABILITY This insurance does not apply to bodily injury property damage arising out of the rendering or failure to render any professional services. personal injury or advertising injury All other terms and conditions remain unchanged. AGR CU 5010 01 04 Page 1 of 1 | 2 |
Allianz Global Risks EXCLUSION AIRCRAFT OR WATERCRAFT LIABILITY Exclusion V.J. Aircraft or Watercraft is replaced by the following This insurance does not apply to J. Aircraft or Watercraft 1. Watercraft Bodily injury property damage personal injury or advertising injury arising out of the ownership maintenance use or entrustment to others of any watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to watercraft less than 75 feet long to the extent that valid scheduled underlying insurance for the watercraft liability risks described above exists or would have existed but for the exhaustion of applicable limits of insurance. Aircraft This insurance does not apply to bodily injury property damage personal injury or advertising injury arising out of the ownership maintenance use or entrustment to others of any aircraft. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft. This exclusion does not apply to bodily injury or property damage arising out of your use of industrial aid aircraft. However the Retained Limit with respect to bodily injury or property damage arising out of industrial aid aircraft will be the greater of a. The sum of all applicable limits of insurance under all underlying insurance or b. 1 50000000 each occurrence if the occurrence involves an industrial aid aircraft that is owned by you or 2 25000000 each occurrence if the occurrence involves an industrial aid aircraft that is not owned by you. For the purposes of this exclusion industrial aid aircraft means an aircraft that a. s used principally for the transportation of your executive officers employees temporary workers and invited guests and b. Has a seating capacity exclusive of cockpit crew but inclusive of cabin crew of no more than 20 persons whether or not all such seats are occupied. Industrial aid aircraft does not include any aircraft that is a. Used by an insured for any commercial or charter passenger or cargo airline service any flight school or aviation training business or any other operations for which an insured receives compensation other than cost reimbursement AGR CU 5015 01 04 Page 1 of 2 | 2 |
Allianz Global Risks Held for sale lease charter or delivery by an insured in the business of manufacture sale lease or charter of aircraft Used for product testing or demonstration purposes Temporarily in the care custody or control of an insured in the business of servicing maintaining fueling testing or storing aircraft. All other terms and conditions remain unchanged. AGR CU 5015 01 04 Page 2 of 2 | 2 |
Allianz Global Risks Policy Number USL00146621 Effective Date January 01 2021 EXCLUSION ELECTROMAGNETIC RADIATION This insurance does not apply to bodily injury property damage personal injury or advertising injury that arises out of the actual alleged or threatened existence discharge dispersal emission release or escape of or exposure to or contact with Electromagnetic Radiation. This exclusion applies only to your products shown in the Schedule below. For the purposes of this exclusion Electromagnetic Radiation means magnetic energy waves fields or forces that are generated produced distributed transmitted or maintained by electrical charges currents frequencies energy or forces. SCHEDULE Designated Products Cellular phones andor related devices. All other terms and conditions remain unchanged. AGR CU 5019 01 04 Page 1 of 1 | 2 |
Allianz Global Risks EXCLUSION RAILROAD LIABILITY This insurance does not apply to bodily injury property damage or personal injury or advertising injury arising out of the ownership or operation of any railroad. This exclusion applies only if you are in the business of operating a railroad. All other terms and conditions remain unchanged. AGR CU 5025 06 04 Page 1 of 1 | 2 |
Allianz Global Risks EXCLUSION TOBACCO AND TOBACCO PRODUCTS This insurance does not apply to 1. Any liability in whole or in part arising out of or in any way related to the existence presence manufacture processing handling sale distribution ingestion inhalation exhalation absorption consumption use of or exposure to Tobacco or Tobacco Products including but not limited to a. b. c. Any material or substance which is contained in or which forms a part of any Tobacco Product Any by products of Tobacco or Tobacco Products Any supervision instructions recommendations notices warnings or advice given or which should have been given in connection with Tobacco or Tobacco products or Any act error omission or other conduct committed in the course of advertising or promoting Tobacco or Tobacco products. Any injury to any person caused or aggravated by anything described in Paragraph 1. above or to which anything described in Paragraph 1. above has contributed. For the purposes of this exclusion 1. 2. Tobacco includes but is not limited to a. b. Tobacco in any form whether or not contained in or incorporated into products or goods or Tobacco smoke or fumes including second hand smoke. Tobacco Products means any products or goods that contain Tobacco. All other terms and conditions remain unchanged. AGR CU 5026 01 04 Page 1 of 1 | 2 |
Allianz Global Risks EXCLUSION FUNGI OR BACTERIA This insurance does not apply to 1. Bodily injury or property damage which would not have occurred in whole or in part but for the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed concurrently or in any sequence to such injury or damage 2. Personal injury which would not have taken place in whole or in part but for the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed concurrently or in any sequence to such injury or 3. Any loss cost or expense arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. Paragraph 1. of this exclusion does not apply to any fungi or bacteria that are are on or are contained in a good or product intended for consumption. For the purposes of this exclusion fungi means any type or form of fungus including mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. All other terms and conditions remain unchanged. AGR CU 5031 01 04 Page 1 of 1 | 2 |
Allianz Global Risks Policy Number USL00146621 Effective Date January 01 2021 EXCLUSION OFFSHORE FACILITIES This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA COVERAGE FORM This insurance does not apply to bodily injury or property damage or personal or advertising injury arising out of the ownership or operation of offshore facilities. For the purposes of this exclusion offshore facilities means any fixed or floating structure or any group of structures located off the coast used or intended to be used for 1. The production or distribution of oil or gas 2. Offshore drilling All other terms and conditions remain unchanged. AGR CU 5041 07 11 Page 1 of 1 | 2 |
Allianz Global Risks Policy Number USL00146621 Effective Date January 01 2021 EXCLUSION OF OTHER ACTS OF TERRORISM COMMITTED OUTSIDE THE UNITED STATES CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY A. The following exclusion is added to SECTION V EXCLUSIONS This insurance does not apply to TERRORISM Any injury or damage arising directly or indirectly out of an other act of terrorism that is committed outside of the United States including its territories and possessions and Puerto Rico but within the coverage territory. However this exclusion applies only when one or more of the following are attributed to such act 1. The total of insured damage to all types of property exceeds 25000000 valued in U.S. dollars. In determining whether the 25000000 threshold is exceeded we will include all insured damage sustained by property of all persons and entities affected by the terrorism and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions or 2. Fifty or more persons sustain death or serious physical injury. For the purposes of this provision serious physical injury means a. Physical injury that involves a substantial risk of death or b. Protracted and obvious physical disfigurement or c. Protracted loss of or impairment of the function of a bodily member or organ or 3. The terrorism involves the use release or escape of nuclear materials or directly or indirectly results in nuclear reaction or radiation or radioactive contamination or 4. The terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials or 5. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials. With respect to this exclusion Paragraphs 1. and 2. describe the thresholds used to measure the magnitude of an incident of an other act of terrorism and the circumstances in which the threshold will apply for the purpose of determining whether this exclusion will apply to that incident. AGR CU 5043 01 15 Page 10f2 Page 1 of 2 | 2 |
Allianz Global Risks B. The following definitions are added 1. For the purposes of this endorsement any injury or damage means any injury or damage covered under any Coverage Part to which this endorsement is applicable and includes but is not limited to bodily injury property damage personal injury and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part. 2. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism pursuant to such Act as amended. The federal Terrorism Risk Insurance Act sets forth the following criteria for a certified act of terrorism a. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act b. The act resulted in damage 1 Within the United States including its territories and possessions and Puerto Rico or 2 Outside of the United States in the case of a An air carrier as defined in Section 40102 of title 49 United States Code or United States flag vessel or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States regardless of where the loss occurs or b The premises of any United States mission and c. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. 3. Other act of terrorism means a violent act or an act that is dangerous to human life property or infrastructure that is committed by an individual or individuals and that appears to be part of an effort to coerce a civilian population or to influence the policy or affect the conduct of any government by coercion and the act is not a certified act of terrorism. Multiple incidents of an other act of terrorism which occur within a seventy two hour period and appear to be carried out in concert or to have a related purpose or common leadership shall be considered to be one incident. C. In the event of an other act of terrorism that is not subject to this exclusion coverage does not apply to any loss or damage that is otherwise excluded under this Coverage Part. D. If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insurance Act exceed 100 billion in a calendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. All other terms and conditions remain unchanged. AGR CU 5043 01 15 Page 2 of 2 | 2 |
Allianz Global Risks Policy Number USL00146621 Effective Date January 01 2021 EMPLOYEE BENEFITS LIABILITY FOLLOWING FORM ENDORSEMENT CLAIMS MADE This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY THIS ENDORSEMENT PROVIDES CLAIMS MADE COVERAGE PLEASE READ THE ENTIRE ENDORSEMENT CAREFULLY A. The following exclusion is added to Section V EXCLUSIONS EMPLOYEE BENEFITS LIABILITY This insurance does not apply to any damages that the insured becomes legally obligated to pay by reason of any negligent act error or omission of the insured or of any other person for whom the insured is legally liable that is committed in the administration of your Employee Benefit Program. This exclusion does not apply to the extent that valid scheduled underlying insurance for the employee benefits liability risks described above exists or would have existed but for the exhaustion of applicable limits of insurance. However 1. 2. Employee Benefits Liability coverage provided by this insurance will not be broader than coverage provided by the scheduled underlying insurance and This insurance applies to damages only if a. The act error or omission did not take place before the Retroactive Date if any shown for Employee Benefits Liability Coverage in the scheduled underlying insurance nor after the end of our policy period and b. A claim for damages because of an act error or omission is first made against any insured during our policy period or an Extended Reporting Period if any provided by the Employee Benefits Liability Coverage of the scheduled underlying insurance. A claim seeking damages will be deemed to have been made at the times specified in the Employee Benefits Liability Coverage of the scheduled underlying insurance. Coverage under this policy for such liability will follow the terms definitions conditions and exclusions of the scheduled underlying insurance subject to the limits of insurance premium and all other terms definitions conditions and exclusions of this policy. Provided however that coverage provided by this policy will be no broader than the coverage provided by the Scheduled Underlying Insurance. B. For the purposes of this endorsement 1. Administration means the following to the extent authorized by you a. Providing information to employees including their dependents and beneficiaries with respect to eligibility for or scope of employee benefit programs b. Handling records in connection with the employee benefit program or c. Effecting continuing or terminating any employee s participation in any benefit included in the employee benefit program. However administration does not include handling payroll deductions. AGR CU 4001 07 11 Page 1 of 2 | 2 |
Allianz Global Risks 2. Employee benefit program means Group Life Insurance Group Accident or Health Insurance Pension Plans Employee Stock Subscription Plans Worker s Compensation Unemployment Insurance Social Security and Disability Benefits. All other terms and conditions remain unchanged. AGR CU 4001 07 11 Page 2 of 2 | 2 |
Allianz Global Risks Policy Number USL00146621 Effective Date January 01 2021 NAMED PERIL POLLUTION ENDORSEMENT 1. Amended Pollution Exclusion Exclusion N. Pollution is replaced by the following This insurance does not apply to N. Pollution 1. Bodily injury property damage or personal injury arising out of the actual or threatened discharge dispersal seepage migration release or escape of pollutants anywhere in the world 2. Any loss cost or expense arising out of any governmental direction or request that we the insured or any other person or organization test for monitor clean up remove contain treat detoxify neutralize or assess the effects of pollutants or 3. Any loss cost or expense including but not limited to costs of investigation or attorneys fees incurred by a governmental unit or any other person or organization to test for monitor clean up remove contain treat detoxify or neutralize pollutants. As used in this exclusion pollutants means any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste material. Waste material includes materials which are intended to be or have been recycled reconditioned or reclaimed. 2. Exceptions to the Pollution Exclusion Exclusion N. Pollution does not apply to bodily injury property damage or personal injury arising out of a. Any discharge dispersal seepage migration release or escape directly or indirectly caused by fire explosion lightning windstorm vandalism or malicious mischief riot and civil commotion flood earthquake automatic sprinkler leakage or the collision or upset of a motor vehicle railcar an aircraft or mobile equipment b. The products completed operations hazard. 3. Amendment of Defense Obligation For the purposes of the insurance provided by this endorsement a. Paragraph A.1.b. of Section Il Defense does not apply. b. We have no duty to defend the insured against any suit seeking damages for bodily injury property damage or personal injury that are covered by this endorsement but are not covered by any underlying insurance. However we will have the right to participate in the defense of the insured against any suit seeking such damages. 4. Amendment of Self Insured Retention For the purposes of the insurance provided by this endorsement the Self Insured Retention shown in Item 3. D. of the Declarations is amended to 1000000. All other terms and conditions remain unchanged. AGR CU 4502 07 11 Page 1 of 1 | 2 |
Allianz Global Risks LIMITS OF LIABILITY AMENDATORY ENDORSEMENT Paragraphs B. C. D. and E. of Section Il Limits of Insurance are replaced by the following B. The General Aggregate Limit is the most we will pay for the sum of all damages to which this insurance applies except 1. Damages because of bodily injury or property damage arising out of the ownership maintenance or use of a covered auto or 2. Damages covered by valid scheduled underlying insurance to which no aggregate limit of insurance applies or 3. Damages that would have been covered with no aggregate limit of insurance by scheduled underlying insurance but for the exhaustion of applicable limits of insurance. C. The Products Completed Operations Aggregate Limit does not apply and all damages because of bodily injury and property damage included in the products completed operations hazard are subject to the General Aggregate Limit described in Paragraph B. above. D. Subject to B. above the Each Occurrence Limit is the most we will pay for the sum of all damages under this insurance because of all bodily injury property damage personal injury and advertising injury arising out of any one occurrence. E. The General Aggregate Limit described in Paragraphs B. above applies separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. All other terms and conditions remain unchanged. AGR CU 5504 01 04 Page 1 of 1 | 2 |
Allianz Access or Disclosure of Confidential or Personal Information and Data Related Exclusion With Limited Bodily Injury Exception 179086 05 14 Policy Amendment Umbrella Policy Excess Liability Policy This policy does not apply to any liability arising out of A. Access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information or B. The loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of that which is described above. However unless A. above applies this exclusion does not apply to damages arising of bodily injury as defined by underlying insurance. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. All other terms and conditions of the policy remain unchanged. 17908605 14 Copyright 2014 Alianz Global Risks US Insurance Company. Al ights reserved. Page 10f 1 | 2 |
Allianz Policy Number USL00146621 Effective Date January 01 2021 CRISIS MANAGEMENT RESPONSE COST AND CRISIS MANAGEMENT LOSS COVERAGE EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY The following is added to SECTION COVERAGE H. CRISIS MANAGEMENT RESPONSE COSTS AND CRISIS MANAGEMENT LOSS COVERAGE EXTENSION SCHEDULE A Crisis Management Limits of Insurance Coverage A Crisis Management Response Costs Limit of 250000 Each Crisis Management Insurance Event 250000 Aggregate Coverage B Crisis Management Loss Limit of Insurance 50000 Each Crisis Management Event 50000 Aggregate WIEIaye D Wiiole Vidilaywllieiil LUee Liiint Ut flisulalive SCHEDULE B Approved Crisis Management Firms Refer to AGRL CU 1601 Schedule of Approved Crisis Management Firms attached. Or contact Allianz Global Risk Insurance Company Liability Claims Dept. 225 W. Washington Street Suite 1800 Chicago IL 60605 Phone Number 1.800.211.6647 Or fill out the on line claims reporting form available at www.agcs.allianz.comglobalofficesunitedstates Risk Insurance Company ns Dept. ington Street Suite 1800 0605 er 1.800.211.6647 SCHEDULE C Additional Key Executives unless listed below AGRL CU 2002 01 13 Page 1 of 3 | 2 |
Allianz 1. INSURING AGREEMENT CRISIS MANAGEMENT RESPONSE COSTS AND CRISIS MANAGEMENT LOSS Crisis Management Response Costs We will pay Crisis Management Response Costs on behalf of the Named Insured regardless of fault arising from a Crisis Management Event which first commences during our policy period up to the amount of the Crisis Management Response Costs Limit of Insurance. Crisis Management Loss We will pay Crisis Management Loss on behalf of the Named Insured arising from a Crisis Management Event which first commences during our policy period up to the amount of the Crisis Management Loss Limit of Insurance. A Crisis Management Event will be deemed to commence at the time when a Key Executive first becomes aware of a Crisis Management Event and will end when we determine that a crisis no longer exists or when the Crisis Management Response Costs Limit of Insurance has been exhausted whichever comes first. There will be no Retained Limit applicable to Crisis Management Response Costs or Crisis Management Loss. Any payment of Crisis Management Response Costs or Crisis Management Loss that we make under the coverage provided by this endorsement will not be an acknowledgement of coverage under any other part of this policy nor does it create any duty to defend any suit under any other part of this policy. 2. LIMITS OF INSURANCE The Crisis Management Response Costs Limit of Insurance is the most we will pay for all Crisis Management Response Costs under this policy regardless of the number of Crisis Management Events first commencing during our policy period. This Crisis Management Response Costs Limit of Insurance will be in addition to the applicable Limits of Insurance shown in the Declarations of this policy. The Crisis Management Loss Limit of Insurance is the most we will pay for all Crisis Management Loss under this policy regardless of the number of Crisis Management Events first commencing during our policy period. This Crisis Management Loss Limits of Insurance will be in addition to the applicable Limits of Insurance shown in the Declarations of this policy. We will have no obligation to pay Crisis Management Response Costs when we determine that a Crisis Management Event has ended or when the Crisis Management Response Costs Limit of Insurance has been exhausted whichever occurs first. The Crisis Management Limits of Insurance in Schedule A of this endorsement apply separately to each consecutive annual period and to any remaining period of less than twelve 12 months beginning with the inception date of our policy period shown in the Declarations. If our policy period is extended after issuance for an additional period of less than 12 months the additional period will be deemed to part of the last preceding period for purposes of determining the Crisis Management Limits of Insurance of this endorsement. 3. DEFINITIONS For the purpose of this endorsement only SECTION VI DEFINITIONS is amended to include the following definitions Crisis Management Event means an occurrence that triggers significant adverse regional or national media coverage that in the good faith opinion of a Key Executive of the Named Insured has or may result in damages covered by this policy that are in excess of the total applicable limits of Scheduled Underlying Insurance. Crisis Management Event includes man made disasters such as explosions major crashes multiple deaths burns dismemberment traumatic brain injury permanent paralysis or contamination of food drink or pharmaceuticals provided that they result from an occurrence. AGRL CU 2002 01 13 Page 2 of 3 | 2 |
Allianz Crisis Management Firm means any firm approved by us and shown in Schedule B Approved Crisis Management Firms of this endorsement which is hired by you to perform Crisis Management Services in connection with a Crisis Management Event. Crisis Management Loss means the following amounts incurred during a Crisis Management Event 1 Amounts for the reasonable and necessary fees and expenses incurred by a Crisis Management Firm in the performance of Crisis Management Services for the Named Insured solely arising from a covered Crisis Management Event and 2 Amounts for reasonable and necessary printing advertising or mailing of materials or travel by directors officers employees or agents of the Named Insured or a Crisis Management Firm incurred at the direction of a Crisis Management Firm solely arising from a covered Crisis Management Event. Crisis Management Services means those services performed by a Crisis Management Firm in assisting the Named Insured in minimizing the potential harm to the Named Insured from a covered Crisis Management Event by maintaining and restoring public confidence in the Named Insured. Crisis Management Response Costs mean the following reasonable and necessary expenses incurred during a Crisis Management Event directly caused by a Crisis Management Event provided that such expenses have been pre approved by us and are associated with damages that would be covered by this policy 1 Medical Expenses 2 Funeral Expenses 3 Psychological counseling 4 Travel Expenses 5 Temporary Living Expenses 6 Expenses to secure the scene of a Crisis Management Event and 7 Any other expenses pre approved by us. Crisis Management Response Costs does not include defense costs or Crisis Management Loss. Crisis Management Response Costs Sub limits of Insurance means the Crisis Management Response Costs Limit of Insurance shown in Schedule A of this endorsement. Crisis Management Loss Limit of Insurance means the Crisis Management Loss Limit of Insurance shown in Schedule A of this endorsement. Key Executive means the Chief Executive Officer Chief Operating Officer Chief Financial Officer President General Counsel or general partner if the Named Insured is a partnership of the Named Insured or sole proprietor if the Named Insured is a sole proprietorship. A Key Executive also means any other person holding a title designated by you and approved by us which title is shown in Schedule C Additional Key Executives of this endorsement. All other terms and conditions remain unchanged. AGRL CU 2002 01 13 Page 3 of 3 | 2 |
Allianz Policy Number USL00146621 Effective Date January 01 2021 SCHEDULE OF APPROVED CRISIS MANAGEMENT FIRMS THIS SCHEDULE FORMS A PART OF ENDORSEMENT AGRL CU 2002 CRISIS MANAGEMENT RESPONSE COST AND CRISIS MANAGEMENT LOSS COVERAGE EXTENSION ENDORSEMENT ATTACHED TO THIS POLICY. Approved Crisis Management Firms HILL KNOWLTON STRATEGIES 24 Hour North America Crisis Help Line 1 212 885 0306 US LEAD WESTERN US Kevin Elliott SVP Larry Krutchik SVP 60 Green Street 6300 Wilshire Boulevard 10 Floor San Francisco CA 94111 Los Angeles CA 90048 Direct 415.281.7150 310.633.9428 Mobile 415.307.1252 818.406.6068 Kevin.Elliotthkstrategies.com Larry.Krutchikhkstrategies.com EASTERN US CENTRAL US Nancy Fitzsimmons SVP Michelle McKenna VP 466 Lexington Avenue 4th Floor 500 W. 5th Street Suite 1000 New York New York 10017 Austin Texas 78701 Direct 212.885.0356 Direct 202.427.6042 Mobile 908.433.6161 Mobile 202.427.6042 Nancy.Fitzsimonshkstrategies.com Michelle.McKennahkstrategies.com CANADA LEAD CANADA Jane Shapiro SVP Sarah Andrewes VP 160 Bloor Street East Suite 800 160 Bloor Street East Suite 800 Toronto Ontario M4W 3P7 Canada Toronto Ontario M4W 3P7 Canada Direct 416.413.4770 Direct 416.413.4605 Mobile 416.457.1429 Mobile 416.209.1507 Jane.Shapirohkstrategies.com Sarah.Andreweshkstrategies.com CANADA CANADA Jason MacDonald VP Joy Jennisson Chief Client Officer CCO 55 Metcalfe Street Suite 1100 1350 355 Burrard Street Ottawa Ontario K1P 6L5 Canada Vancouver British Columbia V6C 2G8 Canada Direct 613.786.9943 Direct 604.692.4224 Mobile 613.786.9943 Mobile 604.787.4144 Jason.MacDonaldhkstrategies.com Joy.Jennissonhkstrategies.com Kevin R. Elliott and Jane Shapiro should be the first contact in the United States and Canada respectively. Approved Crisis Management Firms shall also include a firm other than one shown above provided you notify us of your intent to hire such firm and we approve. Approval shall be deemed granted if we do not notify you of our disapproval within 3 business days of receiving the notice of your intent. nan nan nan nan 1111.0 ard 10 Floor 3 8 3 th Floor 17 nan nan nan nan 11000.0 t Suite 800 W 3P7 Canada uite 800 3P7 Canada 1100 Canada it Officer CCO bia V6C 2G8 Canada AGRL CU 1601 07 17r Page 1 of 1 | 2 |
Allianz Policy Number Effective Date USL00146621 January 1 2021 Amendatory Endorsement Claims Series Provisions This endorsement modifies coverage provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY This policy is amended as follows SECTION COVERAGE paragraph A is deleted and replaced by the following. 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. 3. Damages because of bodily injury property damage personal injury or advertising injury which are attributable to the same actual or alleged event condition cause defect or hazard including the failure to warn of such shall be treated as one occurrence. All damages and subsequent claims irrespective of when such damages arose the number or amount of such damages or claims made or suits brought or the number of persons or organizations making claims or bringing suits resulting from one occurrence shall be allocated to the policy in effect on the first date on which bodily injury property damage personal injury or advertising injury occurs. All other terms and conditions remain unchanged. AGRL CU 5020 m 09 14 Page 1 of 1 | 2 |
Allianz Policy Number Effective Date USL00146621 January 01 2021 COMMUNICABLE DISEASE EXCLUSION ENDORSEMENT AGR IL M001 11 03 This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY This policy is amended as follows SECTION V EXCLUSIONS is amended to include the following additional exclusion This insurance does not apply to Communicable Disease Bodily injury property damage personal injury or advertising injury arising out of the actual or alleged transmission of a communicable disease. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the 1. Supervising hiring employing training or monitoring of others that may be infected with and spread a communicable disease 2. Testing for a communicable disease 3. Failure to prevent the spread of the disease or 4. Failure to report the disease to authorities. THE PROVISIONS OF THIS ENDORSEMENT APPLY NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS POLICY AND SUPERSEDE ANY OTHER TERMS CONDITIONS AND PROVISIONS CONTAINED IN THIS POLICY OR ITS ENDORSEMENTS. All other terms and conditions of the policy remain unchanged. AGRAIL MO0 11 03 Copyright 2020 Allianz Global Risks US Insurance Company. Al rights reserved. Page 1of 1 | 2 |
Allianz Global Risks Policy Number USL00146621 Effective Date January 01 2021 NAMED INSURED ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY The Named Insured as shown on the Declarations is completed to read as follows Jafra Cosmetics International Inc. USA CDRJ Asia Pacific Inc. USA All other terms and conditions remain unchanged. AGR IL M0O1 11 03 Page 1 of 1 | 2 |
Allianz Global Risks Policy Number USL00146621 Effective Date January 01 2021 SILICA OR SILICA RELATED DUST EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY This policy is amended as follows A. The following exclusion is added to the Exclusions Section This insurance does not apply to Silica or Silica Related Dust a. Bodily injury property damage personal injury or advertising injury arising in whole or in part out of the actual alleged threatened or suspected inhalation of ingestion of contact with exposure to existence of or presence of silica or silica related dust. b. Any loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of silica or silica related dust by any insured or by any other person or entity. The following definitions are added to the Definitions Section 1. Silica means silicon dioxide occurring in crystalline amorphous and impure forms silica particles silica dust or silica compounds. 2. Silica related dust means a mixture or combination of silica and other dust or particles. This exclusion does not apply to products containing less than 6 silica. All other terms and conditions remain unchanged. AGR IL M0O1 11 03 Page 1 of 1 | 2 |
Allianz Global Risks Policy Number USL00146621 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Exclusion Discrimination This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY This policy is amended as follows This insurance does not apply to Bodily Injury or Personal Injury resulting from or as a consequence of discrimination whether intentional or unintentional based upon a person s sex sexual preference marital status race creed religion national origin age physical capabilities characteristics or condition or mental capabilities or condition. Nothing herein contained shall be held to vary alter waive or extend any of the terms conditions or limitations of the policy to which this endorsement is attached other than as above stated. AGR IL M002 11 03 Page 1 of 1 | 2 |
POLICYHOLDER NOTICE Thank you for purchasing insurance from a member company of American International Group Inc. AIG. The AIG member companies generally pay compensation to brokers and independent agents and may have paid compensation in connection with your policy. You can review and obtain information about the nature and range of compensation paid by AIG member companies to brokers and independent agents in the United States by visiting our website at www.aig.comproducercompensation or by calling 1 800 706 3102. 91222 413 | 2 |
AlIG Excess Casualty Value Added Policyholder Advantages At AIG it is our ongoing commitment to deliver innovative and value enriching solutions alongside our insurance coverage to help you better address your risk management challenges. As an Excess Casualty policyholder do nt forget to take advantage of the following enhancements and services available to you free of charge W x CrisisResponse CrisisResponse is a crisis management enhancement built in to our commercial umbrella policies providing professional support including a 24 hour hotline with access to claims specialists and immediate first dollar coverage outside of the umbrella limit in the event of a catastrophic casualty crisis. Up to 250000 of additional policy limits to cover urgent crisis management costs Did you know... ad e such as temporary living travel counseling medical and funeral expenses Since the inception of CrisisResponse AlG has An additional 50000 limit to retain the services of some of the nation s leading responded to over 440 public relations and crisis management firms reported incidents An optional coverage enhancement that amends the definition of CrisisResponse helping policyholders costs to include expenses incurred by the recall inspection or disposal of a product during their time of crisis. that results in a crisis event Each day more than 10000 companies are utilizing the RiskTool Call the 24 hour toll free hotline to trigger CrisisResponse coverage 1 877 743 7669 System to better GLP RiskTool System understand manage and The RiskTool System is a comprehensive loss prevention and risk management solution reduce health and safety that allows users to identify analyze and manage their operational exposures. risk in their workplace. Designed exclusively for AIG this web based system provides a customizable platform to The Claims Archive is evidence of our unmatched claims Build and manage risk management programs such as safety policies and audits intelligence and the thousands of high limit liability claims we see Access extensive training resources and global risk information and manage on a yearly basis. Monitor and predict loss exposures with advanced analytics and reporting features Standardize loss control practices across an organization Visit httpwww.aig.comrisktool to activate your account Cl The Claims Archive is a comprehensive online database including hundreds of real world excess casualty claim scenarios. Searchable by liability or cause of loss industry or facility type these examples help facilitate assessment and benchmarking of liability insurance limits. Visit htt archive ims Archive Iwww.aig.comUSclaimsarchivesearch295195450.html to search the For more information please visit http excess.casualtyAIG.com. www.aig.com or contact us at AIG is a world leading property casualty and general insurance organization serving more than 70 million clients around the world. With one of the industry s most extensive ranges of products and services deep claims expertise and excellent financial strength AIG enables its commercial and personal insurance clients alike to manage virtually any risk with confidence. AIG is the marketing name for the worldwide property casualty and general insurance operations of AIG Property Casualty Inc. For additional information please visit our website at httpwww.aig.com. All products are written by insurance company subsidiaries or affiliates of AIG Property Casualty Inc. Coverage may not be available in all jurisdictions and is subject to actual policy language. Non insurance products and services may be provided by independent third parties. Certain coverage may be provided by a surplus lines insurer. Surplus lines insurers do not generally participate in state guaranty funds and insureds are therefore not protected by such funds 062210 AL 512 Did you know... Since the inception of CrisisResponse AIG has responded to over 440 reported incidents helping policyholders during their time of crisis. Each day more than 10000 companies are utilizing the RiskTool System to better understand manage and reduce health and safety risk in their workplace. The Claims Archive is evidence of our unmatched claims intelligence and the thousands of high limit liability claims we see and manage on a yearly basis. | 2 |
FORMS SCHEDULE Named Insured ACCUTEST CORPORATION Policy Number BE 015157724 Effective 1201 AM July 1 2014 Form Number Endt. No. Form Name Edition Date UMB PRIME DEC 80518 1109 UMB PRIME JACKET 80517 1109 SCHEDULE OF UNDERLYING UNDSCH 0599 POLICYHOLDER DISC NOTICE OF TERRORISM INS COVG 96556 0108 1 ACT OF TERRORISM SIR ENDORSEMENT 83049 0306 2 AUTOMOBILE LIABILITY FOLLOW FORM ENDORSEMENT 80398 0702 3 BACTERIA AND VIRUSES EXCLUSION ENDORSEMENT 90983 0506 4 COVERAGE TERRITORY ENDT. 89644 0705 5 CRISISRESPONSE COVERAGE ENHANCEMENT ENDORSEMENT 94621 0507 6 DUTIES IN THE EVENT OF AN OCCURRENCE CLAIM OR SU 83687 0911 7 EMP.LIAB.STOP GAPLMT.ENDT 82616 0506 8 EMPLOYEE BENEFITS LIABILITY LIMITATION ENDT CLAIM 83073 0407 9 FOREIGN LIABILITY EXCLUSION 80431 0702 10 FUNGUS EXCLUSION ENDT 82449 0603 1 HUMAN CLINIC TRIALS EXCL 83083 0903 12 INDIANA AMENDATORY ENDT DEF. OF POLLUTANTS 116924 1013 13 LEAD EXCLUSION ENDORSEMENT 86471 0206 14 NEW JERSEY AMENDATORY ENDT 52158 0691 15 PROFESSIONAL LIABILITY EXCLUSION ENDORSEMENT 83093 0505 16 SILICA EXCLUSION ENDT 80479 0203 17 SALARY REIMBURSEMENT ENDORSEMENT 102793 0909 18 TESTING OR CONSULTING ERRORS AND OMISSIONS EXCLUSI 89485 0605 19 TOTAL POLLUTION EXCLUSION 80514 0702 20 UNINSURED UNDERINSURED MOTORISTS COVERAGE ENDORSEM 82610 1109 21 VIOLATION OF ECONOMIC OR TRADE SANCTIONS COND. AM 99497 0608 T DERLYING SC NOTICE OF TERRORISM INS COVG M SIR ENDORSEMENT LITY FOLLOW FORM ENDORSEMENT USES EXCLUSION ENDORSEMENT ORY ENDT. COVERAGE ENHANCEMENT ENDORSEMENT NT OF AN OCCURRENCE CLAIM OR SU PLMT.ENDT TS LIABILITY LIMITATION ENDT CLAIM EXCLUSION N ENDT ALS EXCL ORY ENDT DEF. OF POLLUTANTS NDORSEMENT NDATORY ENDT BILITY EXCLUSION ENDORSEMENT ENDT SEMENT ENDORSEMENT ULTING ERRORS AND OMISSIONS EXCLUSI OND O A WN CIFMSC Cl10226 | 2 |
Umbrella Prime Commercial Umbrella Liability Policy With CrisisResponse DECLARATIONS The company issuing this policy is indicated by an X in the box to the left of the company s name. AIG Assurance Company AIG Property Casualty Company llinois National Insurance Company American Home Assurance Company National Union Fire Insurance Company of Pitisburgh Pa. New Hampshire Insurance Company Commerce Industry Insurance Company The Insurance Company of the State of Pennsylvania Granite State Insurance Company each of the above being a capital stock company Administrative Mailing Address 175 Water Street New York NY 10038 Telephone No. 212 458 5000 POLICY NUMBER BE 015157724 RENEWAL OF 031731080 ITEM 1. ITEM 2. ITEM 3. ITEM 4. ITEM 5. ITEM 6. NAMED INSURED ACCUTEST CORPORATION MAILING ADDRESS 2235 US HIGHWAY 130 DAYTON NJ 08810 POLICY PERIOD FRO At 1 July 12014 TO July 1 2015 1 AM. standard time at the address of the Named Insured stated above. LIMITS OF INSURANCE The Limits of Insurance subject to the terms of this policy are A. 10000000 Each Occurrence B. 10000000 General Aggregate in accordance with Section IV. Limits of Insurance C. 10000000 Products Completed Operations Aggregate in accordance with Section IV. Limits of Insurance D. 250000 CrisisResponse Sublimit of Insurance E. 50000 Excess Casualty CrisisFund Limit of Insurance SCHEDULED UNDERLYING INSURANCE See Schedule of Underlying Insurance SELF INSURED RETENTION 10000 Each Occurrence PREMIUM AND PREMIUM COMPUTATION ESTIMATED TOTAL ANNUAL EXPOSURE RATES PER FLAT MINIMUM PREMIUM 42595.00 ADVANCE PREMIUM 42595 Plus 384 00 NJ Surcharaes mpany o FLAT 42595.00 42595 Plus 384.00 NJ Surcharges ITEM 7. THIS POLICY INCLUDES THESE ENDORSEMENTS AT INCEPTION DATE SEE ATTACHED SCHEDULE PRODUCER NAME LOCKTON COMPANIES LLC ADDRESS 444 W. 47TH STREET SUITE 900 KANSAS CITY MO 64112 L Christopher G. Kopser Authorized Representative or Date Countersignature Where Applicable Issue Date 070114 80518 1109 AH2698 | 2 |
Umbrella Prime Commercial Umbrella Liability Policy With CrisisResponse 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. The word Insured means any person or organization qualifying as such under Section VII. Definitions. Except for headings words that appear in bold print have special meaning. See Section VII. Definitions. In consideration of the payment of the premium and in reliance upon the statements in the Declarations we agree to provide coverage as follows I. INSURING AGREEMENT COMMERCIAL UMBRELLA LIABILITY 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 because of Bodily Injury Property Damage or Personal Injury and Advertising Injury to which this insurance applies or because of Bodily Injury or Property Damage to which this insurance applies assumed by the Insured under an Insured Contract. The amount we will pay for damages is limited as described in Section IV. Limits of Insurance. B. This policy applies only if 1. the Bodily Injury or Property Damage is caused by an Occurrence that takes place anywhere and the Bodily Injury or Property Damage occurs during the Policy Period and 2. the Personal Injury and Advertising Injury is caused by an Occurrence that takes place anywhere arising out of your business but only if the Occurrence was committed during the Policy Period. C. 1. This policy applies to Bodily Injury or Property Damage only if prior to the Policy Period no Insured listed under subparagraphs 2a. 2b. 2c. or 2e. of Paragraph M. of Section VII. no executive officer or director listed under subparagraph 2d. of Paragraph M. of Section VII. and no employee authorized by you to give or receive notice of an Occurrence claim or Suit knew that the Bodily Injury or Property Damage had occurred in whole or in part. If such an 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. 2. 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 subparagraphs 2a. 2b. 2c. or 2e. of Paragraph M. of Section VII. any executive officer or director listed under subparagraph 2d. of Paragraph M. of Section VII. 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. D. Bodily Injury or Property Damage will be deemed to have been known to have occurred at the earliest time when any Insured listed under subparagraphs 2a. 2b. 2c. or 2e. of Paragraph M. of Section VII any executive officer or director listed under subparagraph 2d. of Paragraph M. of Section VII. or any employee who was authorized by you to give or receive notice of an Occurrence claim or Suit 80517 1109 Page 1 of 24 AH2709 2001 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 0 |
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. E. 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. F. If we are prevented by law or statute from paying damages covered by this policy on behalf of the Insured then we will indemnify the Insured for those sums in excess of the Retained Limit. 1l.INSURING AGREEMENT CRISISRESPONSE AND EXCESS CASUALTY CRISISFUND A. CrisisResponse We will advance CrisisResponse Costs directly to third parties on behalf of the Named Insured regardless of fault arising from a Crisis Management Event first commencing during the Policy Period up to the amount of the CrisisResponse Subl of Insurance. B. Excess Casualty CrisisFund We will pay Crisis Management Loss on behalf of the Named Insured arising from a Crisis Management Event first commencing during the Policy Period up to the amount of the Excess Casualty CrisisFund Limit of Insurance. C. A Crisis Management Event will first commence at the time during the Policy Period when a Key Executive first becomes aware of an Occurrence that gives rise to a Crisis Management Event and will end when we determine that a crisis no longer exists or when the CrisisResponse Sublimit of Insurance has been exhausted whichever occurs first. D. There will be no Retained Limit applicable to CrisisResponse Costs or Crisis Management Loss. E. Any advancement of Response Costs or payment of Crisis Management Loss that we make under the coverage provided by this Section II. will not be a determination of our obligations under this policy nor create any duty to defend any Suit under any other part of this policy. 1ll. DEFENSE PROVISIONS A. We will have the right and duty to defend any Suit against the Insured that seeks damages for Bodily Injury Property Damage or Personal Injury and Advertising Injury covered by this policy even if the Suit is groundless false or fraudulent when 1. the total applicable limits of Scheduled Underlying Insurance have been exhausted by payment of Loss to which this policy applies and the total applicable limits of Other Insurance have been exhausted or 2. the damages sought because of Bodily Injury Property Damage or Personal Injury and Advertising Injury would not be covered by Scheduled Underlying Insurance or any applicable Other Insurance even if the total applicable limits of either the Scheduled Underlying Insurance or any applicable Other Insurance had not been exhausted by the payment of Loss. 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. 80517 1109 Page 2 of 24 AH2709 2001 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
B. We will have no duty to defend the Insured against any Suit seeking damages for Bodily Injury Property Damage or Personal Injury and Advertising Injury to which this insurance does not apply. C. When we assume the defense of any Suit against the Insured that seeks damages covered by this policy we will 1. investigate negotiate and settle the Suit as we deem expedient and 2. pay the following supplementary payments to the extent that such payments are not covered by Scheduled Underlying Insurance or any applicable Other Insurance a. premiums on bonds to release attachments for amounts not exceeding the applicable Limits of Insurance of this policy but we are not obligated to apply for or furnish any such bond b. premiums on appeal bonds required by law to appeal a judgment in a Suit for amounts not exceeding the applicable Limits of Insurance of this policy but we are not obligated to apply for or furnish any such bond c. all court costs taxed against the Insured in the Suit d. pre judgment interest awarded against the Insured on that part of the judgment within the applicable Limits of Insurance of this policy we pay. If we make an offer to pay the applicable limit of insurance we will not pay any pre judgment interest accruing after we make such offer e. post judgment interest that accrues after entry of judgment on that part of the judgment within the applicable Limits of Insurance of this policy we pay and before we have paid offered to pay or deposited in court that part of the judgment that is within the applicable Limits of Insurance of this policy and f. the Insured s expenses incurred at our request or with our consent. D. Except as provided in Paragraph A. above 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. E. We will not defend any Suit or pay any attorney fees or litigation expenses including without limitation the expenses described in Paragraph C. above that accrue after the applicable Limits of Insurance of this policy have been exhausted by the payment of Loss and we will have the right to withdraw from the further defense of such Suit by tendering control of said defense to the Insured. IV. LIMITS OF INSURANCE A. The Limits of Insurance shown in Item 3. of the Declarations and the rules below state the most we will pay for all damages under this policy regardless of the number of 1. Insureds 2. claims made or Suits brought 3. persons or organizations making claims or bringing Suits or 4. coverages provided under this policy. B. The General Aggregate Limit stated in Item 3. of the Declarations is the most we will pay for all damages under this policy except for 1. damages included within the Products Completed Operations Hazard and 2. damages because of Bodily Injury or Property Damage to which this policy applies caused by an Occurrence and resulting from the ownership maintenance or use of an Auto covered under Scheduled Underlying Insurance. 80517 1109 Page 3 of 24 AH2709 2001 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
The Products Completed Operations Aggregate Limit stated in Item 3C. of the Declarations is the most we will pay for all damages included in the Products Completed Operations Hazard. Subject to Paragraphs B. and C. above the Each Occurrence Limit stated in Item 3A. of the Declarations is the most we will pay for the sum of all damages arising out of any one Occurrence. Subject to Paragraphs B. and C. above the most we will pay for damages under this policy on behalf of any person or organization to whom you are obligated by written Insured Contract to provide insurance such as is afforded by this policy is the lesser of the Limits of Insurance shown in Item 3. of the Declarations or the minimum Limits of Insurance you agreed to procure in such written Insured Contract. This policy applies only in excess of the Retained Limit. If however a policy shown in the Schedule of Underlying Insurance forming a part of this policy has a limit of insurance 1. greater than the amount shown in such schedule this policy will apply in excess of the greater amount of valid and collectible insurance or 2. less than the amount shown in such schedule this policy will apply in excess of the amount shown in the Schedule of Underlying Insurance forming a part of this policy. If the total applicable limits of Scheduled Underlying Insurance are reduced or exhausted by the payment of Loss to which this policy applies and the total applicable limits of applicable Other Insurance are reduced or exhausted we will 1. in the event of reduction pay excess of the remaining total applicable limits of Scheduled Underlying Insurance and any applicable Other Insurance and 2. in the event of exhaustion continue in force as underlying insurance. Expenses incurred to defend any Suit or to investigate any claim will be in addition to the applicable Limits of Insurance of this policy. Provided however that if such expenses reduce the applicable limits of Scheduled Underlying Insurance then such expenses will reduce the applicable Limits of Insurance of this policy. The CrisisResponse Sublimit of Insurance is the most we will pay for all CrisisResponse Costs under this policy regardless of the number of Cri Management Events first commencing during the Policy Period. This CrisisResponse Sublimit of Insurance will be part of not in addition to the applicable Limit of Insurance. The Excess Casualty CrisisFund Limit of Insurance is the most we will pay for all Crisis Management Loss under this policy regardless of the number of Crisis Management Events first commencing during the Policy Period. This Excess Casualty CrisisFund Limit of Insurance will be in addition to the applicable Limit of Insurance. We will have no obligation to advance CrisisResponse Costs when we determine that a Crisis Management Event has ended or when the CrisisResponse Sublimit of Insurance has been exhausted whichever occurs first. The Limits of Insurance of this policy apply separately to each consecutive annual period and to any remaining period of less than twelve 12 months beginning with the inception date of the Policy Period shown in the Declarations unless the Policy Period is extended after issuance for an additional period of less than twelve 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 of this policy.. We will not make any payment under this policy unless and until 1. the total applicable limits of Scheduled Underlying Insurance have been exhausted by the payment of Loss to which this policy applies and any applicable Other Insurance have been exhausted by the payment of Loss or 80517 1109 Page 4 of 24 AH2709 2001 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
2. the total applicable Self Insured Retention has been satisfied by the payment of Loss to which this policy applies. When the amount of Loss has been determined by an agreed settlement or a final judgment we will promptly pay on behalf of the Insured the amount of such Loss falling within the terms of this policy. An agreed settlement means a setlement and release of liability signed by us the Insured and the claimant or the claimant s legal representative. EXCLUSIONS Aircraft and Watercraft 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 or watercraft owned or operated by or rented or loaned to any Insured. Use includes operation and loading and 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 thatis owned or operated by or rented or loaned to any Insured. This exclusion does not apply to a watercraft you do not own that is 1. 2. less than 26 feet long and not being used to carry persons or property for a charge. Asbestos This insurance does not apply to any liability arising out of 1. the manufacture of mining of use of sale of installation of removal of distribution of or exposure to asbestos asbestos containing products or materials asbestos fibers or asbestos dust any obligation of the Insured to indemnify any party because of damages arising out of the manufacture of mining of use of sale of installation of removal of distribution of or exposure to asbestos asbestos products asbestos fibers or asbestos dust or any obligation to defend any Suit or claim against the Insured that seeks damages if such Suit or claim arises as the result of the manufacture of mining of use of sale of installation of removal of distribution of or exposure to asbestos asbestos products asbestos fibers or asbestos dust. Contractual Liability This insurance does not apply to any liability 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. 2. that the Insured would have in the absence of a contract or agreement or assumed in an Insured Contract provided Bodily Injury or Property Damage occurs subsequent to the execution of the Insured Contract. 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 and included in the Limits of Insurance of this policy 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 80517 1109 Page 5 of 24 AH2709 2001 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
b. such attorney fees and litigation expenses are for the defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this policy applies are alleged. D. Damage to Impaired Property or Property Not Physically Injured This insurance does not apply to 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. adelay 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. E. Damage to Property This insurance does not apply to Property Damage to 1. property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property 2. premises you sell give away or abandon if the Property Damage arises out of any part of those premises 3. property loaned to you 4. personal property in the care custody or control of the Insured 5. that particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the Property Damage arises out of those operations or 6. that particular part of any property that must be restored repaired or replaced because Your Work was incorrectly performed on it. Paragraph 2. of this exclusion does not apply if the premises are Your Work and were never occupied rented or held for rental by you. Paragraphs 3. 4. 5. and 6. of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6. of this exclusion does not apply to Property Damage included in the Products Completed Operations Hazard. F. Damage to Your Product This insurance does not apply to Property Damage to Your Product arising out of it or any part of it. G. Damage to Your Work This insurance does not apply to 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 Chatrooms or Bulletin Boards and Electronic Data 80517 1109 Page 6 of 24 AH2709 2001 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
This insurance does not apply to Personal Injury and Advertising Injury arising out of an electronic chatroom or bulletin board the Insured hosts owns or over which the Insured exercises control. Additionally this insurance does not apply to damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. Employees and Volunteers This insurance does not apply to liability of any employee or volunteer qualifying as an Insured under this policy arising out of Bodily Injury Property Damage or Personal Injury 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 or to an employee of yours while in the course of his or her employment or performing duties related to the conduct of your business or to another volunteer of yours while performing duties related to the conduct of your business 2. to the spouse child parent brother or sister of such injured employee or volunteer as a consequence of subparagraph 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 subparagraphs 1. or 2. above or 4. arising out of his or her providing or failing to provide professional health care services. Paragraphs 1. 2. and 3. shall not apply to any liability arising out of Bodily Injury or Personal Injury and Advertising Injury if such coverage is provided by Scheduled Underlying Insurance. Coverage under this policy for Bodily Injury or Personal Injury 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. Provided however that coverage provided by this policy will be no broader than the coverage provided by Scheduled Underlying Insurance. Employment Practices This insurance does not apply to any liability arising out of 1. failure to hire any prospective employee or any applicant for employment 2. dismissal discharge or termination of any employee 3. failure to promote or advance any employee or 4. employment related practices policies acts omissions or misrepresentations directed at a present past future or prospective employee including but not limited to a. coercion harassment humiliation or discrimination b. demotion evaluation reassignment discipline or retaliation c. libel slander humiliation defamation or invasion of privacy or d. violation of civil rights. This exclusion applies 1. whether the Insured may be liable as an employer or in any other capacity and 2. to any obligation to share damages with or repay someone else who must pay damages because of the injury. 80517 1109 Page 7 of 24 AH2709 2001 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
Expected or Intended Injury This insurance does not apply to Bodily Injury and Property Damage expected or intended from the standpoint of the Insured. However this exclusion does not apply to Bodily Injury or Property Damage resulting from the use of reasonable force to protect persons or property. Infringement of Copyright Patent Trademark or Trade Secret This insurance does not apply to Personal Injury 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.. Liquor Liability This insurance does not apply to Bodily Injury or Property Damage for which any Insured may be held liable by reason of 1. causing or contributing to the intoxication of any person 2. the furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3. any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. However this exclusion will not apply if coverage is provided for such Bodily Injury or Property Damage by Scheduled Underlying Insurance. Coverage under this policy for such Bodily Injury or Property Damage 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. Provided however that coverage provided by this policy will be no broader than the coverage provided by Scheduled Underlying Insurance. Media and Internet Type Businesses This insurance does not apply to Personal Injury and Advertising Injury committed by any Insured whose business is 1. advertising broadcasting publishing or telecasting 2. designing or determining content of web sites for others or 3. an Internet search access content or service provider. However this exclusion does not apply to Paragraphs U1. U2. and U3. of Section VII. 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. No Fault Uninsured Motorist or Underinsured Motorist Laws This insurance does not apply to any obligation of the Insured under any No Fault Uninsured Motorist or Underinsured Motorist law or any similar law. Nuclear Liability This insurance does not apply to 1. any liability 80517 1109 Page 8 of 24 AH2709 2001 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
with respect to which the Insured is also an Insured under a nuclear energy liability policy issued by the Nuclear Energy Liability Property Insurance Association Mutual Atomic Energy Liability Underwriters or the Nuclear Insurance Association of Canada or would be an Insured under any such policy but for its termination upon exhaustion of its limit of liability resulting from the hazardous properties of nuclear material and with respect to which 1 any person or any organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any amendment or revision thereto or any similar law 2 the Insured is or had this policy not been available would be entitted to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or an agency thereof with any person or organization for Bodily Injury or Property Damage resulting from the hazardous properties of nuclear material if i the nuclear material 1 is at any nuclear facility owned by the Insured or operated by the Insured or on the Insured s behalf or 2 has been discharged or dispensed therefrom ii the nuclear material is contained in spent fuel or waste at any time possessed handled used processed stored transported or disposed of by the Insured or on the Insured s behalf or the Bodily Injury or Property Damage arises out of the furnishing by the Insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this exclusion c. applies only to Property Damage to such nuclear facility and any property thereat. 2. As used in this exclusion a. b. hazardous properties includes radioactive toxic or explosive properties nuclear material means source material special nuclear material or by product material source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or any amendment or revision thereto spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor waste means any waste material 1 containing by product material and 2 resulting from the operation by any person or organization of a nuclear facility included within the definition of nuclear facility below nuclear facility means i any nuclear reactor i 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 wastes iii 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 Insured s custody 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 or iv any structure basin excavation premises or place prepared or used for 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 80517 1109 Page 9 of 24 AH2709 2001 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
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. Property Damage includes all forms of radioactive contamination of property. Q. Pollution This insurance does not apply to 1. Any Bodily Injury Property Damage or Personal Injury and Advertising Injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of Pollutants anywhere at any time 2. Any loss cost or expense arising out of any request demand order or statutory or regulatory requirement that the Insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of Pollutants or 3. Any loss cost or expense arising out of any claim or Suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of Pollutants. However Paragraph 1 of this exclusion will not apply if coverage for such Bodily Injury or Property Damage as is described in subparagraphs 1 through 6 below is provided by Scheduled Underlying Insurance 1 2 3 4 Products Completed Operations Hazard Paragraph 1. of this exclusion does not apply with respect to Bodily Injury or Property Damage included within the Products Completed Operations Hazard provided that Your Product or Your Work has not at any time been a discarded dumped abandoned thrown away or b transported handled stored treated disposed of or processed as waste by anyone. Hostile Fire Paragraph 1. of this exclusion does not apply with respect to Bodily Injury or Property Damage arising out of heat smoke or fumes from a Hostile Fire. Equipment to Cool Dehumidify or Heat the Building and Contractor Lessee Operations Paragraph 1. of this exclusion does not apply to a Bodily Injury sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment used to heat water for personal use by the building s occupants or their guests b 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 such 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 the additional Insured. Fuels Lubricants and Other Operating Fluids Mobile Equipment Paragraph 1. of this exclusion does not apply to 80517 1109 Page 10 of 24 AH2709 2001 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
a 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. This exception does not apply if the Bodily Injury or Property Damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor or b 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 Fuels Lubricants Fluids etc. Auto Paragraph 1. 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 an Auto covered by Scheduled Underlying Insurance 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 or Property Damage does not arise out of the operation of any equipment shown in Paragraphs 6b and 6 of the definition of Mobile Equipment. 6 Upset Overturn or Damage of an Auto Paragraph 1. of this exclusion does 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 an Auto covered by Scheduled Underlying Insurance 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 an Auto covered by Scheduled Underlying Insurance and b the discharge dispersal seepage migration release or escape of the Pollutants is caused directly by such upset overturn or damage. Coverage under this policy for such Bodily Injury or Property Damage as is described in subparagraphs 1 through 6 above 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. Provided however that coverage provided by this policy will be no broader than the coverage provided by Scheduled Underlying Insurance. Recall of Your Product Your Work or Impaired Property This insurance does not apply to damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1. Your Product 2. Your Work or 3. Impaired Property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. Securities 80517 1109 Page 11 of 24 AH2709 2001 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
This insurance does not apply to any liability arising out of 1. any violation of any securities law or similar law or any regulation promulgated thereunder 2. the purchase sale offer of sale 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. Unauthorized Use of Another s Name or Product This insurance does not apply to Personal Injury and Advertising Injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. Various Personal Injury and Advertising Injury This insurance does not apply to Personal Injury and Advertising Injury 1. 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 Injury and Advertising Injury 2. arising out of oral written or electronic publication in any manner of material if done by or at the direction of any Insured with knowledge of its falsity 3. arising out of oral written or electronic publication in any manner of material whose first publication took place before the beginning of the Policy Period 4. arising out of a criminal act committed by or at the direction of the Insured 5. for which the Insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the Insured would have in the absence of the contract or agreement 6. arising out of a breach of contract except an implied contract to use another s advertising idea in your Advertisement 7. arising out of the failure of goods products or services to conform with any statement of quality or performance made in your Advertisement or 8. arising out of the wrong description of the price of goods products or services stated in your Advertisement. Various Laws This insurance does not apply to any obligation of the Insured under any of the following 1. the Employee Retirement Income Security Act of 1974 including amendments relating to the Consolidated Omnibus Budget Reconciliation Act of 1985 or any amendment or revision thereto or any similar law or 2. any workers compensation disability benefits or unemployment compensation law or any similar law.. Violation of Communication or Information Law This insurance does not apply to any liability arising out of any act that violates any statute ordinance or regulation of any federal state or local government including any amendment of or addition to such laws that prohibits or limits the sending transmitting or communicating of material or information. 80517 1109 Page 12 of 24 AH2709 2001 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
War This insurance does not apply to Loss costs injury damage claim dispute andor or suit arising therefrom caused directly or indirectly in whole or in part as a result of or in connection with war whether declared or not or any act or condition incident to war. War includes 1. Civil war or 2. Armed conflict between two or more nations armed conflict between military forces of any origin or 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.. CONDITIONS Appeals If the Insured or the Insured s underlying insurers do not appeal a judgment in excess of the total applicable limits of Scheduled Underlying Insurance we may elect to do so. If we 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 which does not exceed the applicable Limits of Insurance of this policy incidental to such an appeal. Audit We may audit and examine your books and records as they relate to this policy at any time during the period of this policy and for up to three 3 years after the expiration or termination of this policy. Bankruptcy or Insolvency Your bankruptcy insolvency or inability to pay or the bankruptcy insolvency or inability to pay of any of your underlying insurers will not relieve us from the payment of Loss covered by this policy. But under no circumstances will such bankruptcy insolvency or inability to pay require us to drop down replace or assume any obligation under Scheduled Underlying Insurance. Cancellation 1. You may cancel this policy. You must mail or deliver advance written notice to us stating when the cancellation is to take effect. 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 ninety 90 days advance written notice stating when the cancellation is to take effect. Mailing that notice to you at your mailing address shown in ltem 1 of the Declarations will be sufficient to prove notice. 3. The Policy Period will end on the day and hour stated in the cancellation notice. 4. If we cancel final premium will be calculated pro rata based on the time this policy was in force. Final Premium will not be less than the pro rata share of the Minimum Premium shown in Item 6. of 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 shown in Item 6 of 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 of unearned premium. Our check 80517 1109 Page 13 of 24 AH2709 2001 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
or our representative s check mailed or delivered will be sufficient tender of any refund due you. 7. The first Named Insured in Item 1. of 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. 8. Any of these provisions that conflict with a law that controls the cancellation of the insurance in this policy is changed by this statement to comply with that law. E. Change In Control If during the Policy Period 1. the first Named Insured designated in Item 1. of the Declarations consolidates with or merges into or sells all or substantially all of its assets to any person or entity or 2. any person or entity acquires an amount of the outstanding ownership interests representing more than 50 of the voting or designation power for the election of directors of the first Named Insured designated in Item 1. of the Declarations or acquires the voting or designation rights of such an amount of ownership interests this policy will continue in full force and effect as to Bodily Injury and Property Damage that occur prior to the effective date of such transaction and Personal Injury and Advertising Injury caused by an Occurrence that takes place prior to the effective date of such transaction. Coverage will be afforded by this policy for Bodily Injury or Property Damage that occurs on or after the effective date of such transaction and Personal Injury and Advertising Injury caused by an Occurrence that takes place on or after the effective date of such transaction if the Named Insured notifies us of the transaction no later than ninety 90 days after the effective date of the transaction. If the Named Insured fails to notify us within ninety 90 days of the effective date of such transaction coverage afforded by this policy will cease on the ninetieth 30th day after the effective date of such transaction at 1201 am standard time of the address of the Named Insured shown in Item 1. of the Declarations or the end of the Policy Period whichever is earlier. The provisions of paragraph E. shall only apply to transactions with third parties not under control or ownership of the Named Insured on the inception date of this policy. F. Changes Notice to any agent or knowledge possessed by any agent or any other person will not effect a waiver or change in any part of this policy. This policy can be changed only by a written endorsement that we make to this policy. G. Duties in the Event of an Occurrence Claim or Suit 1. You must see to it that we are notified as soon as practicable of an Occurrence that may result in a claim or Suit 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 any 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 which is reasonably likely to involve this policy you must notify us in writing as soon as practicable. Written notice should be mailed delivered faxed or emailed to 80517 1109 Page 14 of 24 AH2709 2001 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
AIG Claims Inc. Excess Casualty Claims Department Segmentation Unit 175 Water Street 22nd Floor New York NY 10038 Fax 866 743 4376 Email excessfolAIG.com 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 settlement or defense of the claim or Suit and d. assist us upon our request in the enforcement of any right against any person or organization that may be liable to the Insured because of injury or damage to which this insurance may also apply. 4. No Insured will except at that Insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. H. Headings The descriptions in the headings of this policy are solely for convenience and form no part of the terms and conditions of coverage. I. 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. We do not however undertake to perform the duty of any person or organization to provide for the health or safety of your employees or the public. We do not warrant the health and safety conditions of your premises or operations or represent that your premises or operations comply with laws regulations codes or standards. J. Legal Actions Against Us No person or organization has a right under this policy 1. to join us as a party or otherwise bring us into a Suit asking for damages from an Insured or 2. to sue us under this policy unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an Insured but we will not be liable for damages that are not payable under this policy or that are in excess of the applicable Limits of Insurance of this policy. An agreed settlement means a settlement and release of liability signed by us the Insured and the claimant or the claimant s legal representative. K. Maintenance of Scheduled Underlying Insurance You agree that during the Policy Period 1. you will keep Scheduled Underlying Insurance in full force and effect 2. the terms definitions conditions and exclusions of Scheduled Underlying Insurance will not materially change 80517 1109 Page 15 of 24 AH2709 2001 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
3. the total applicable limits of Scheduled Underlying Insurance will not decrease except for any reduction or exhaustion of aggregate limits by payment of Loss to which this policy applies and 4. any renewals or replacements of Scheduled Underlying Insurance will 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 these requirements we will be liable only to the same extent that we would have had you fully complied with these requirements. L. Other Insurance If other valid and collectible insurance applies to damages that are also covered by this policy this policy will apply excess of the Other Insurance. However this provision will not apply if the Other Insurance is specifically written to be excess of this policy. M. Premium The first Named Insured designated in Item 1. of the Declarations will be responsible for payment of all premiums when due. The premium for this policy will be computed on the basis set forth in Item 6. of the Declarations. At the beginning of the Policy Period you must pay us the Advance Premium shown in Item 6. of the Declarations. When this policy expires or if it is cancelled we will compute the earned premium for the time this policy was in force. If this policy is subject to audit adjustment the actual exposure base will be used to compute the earned premium. If the earned premium is greater than the Advance Premium you will promptly pay us the difference. If the earned premium is less than the Advance Premium we will return the difference to you. But in any event we will retain the Minimum Premium as shown in Item 6. of the Declarations for each twelve months of the Policy Period. N. Separation of Insureds Except with respect to the Limits of Insurance of this policy and rights or duties specifically assigned to the first Named Insured designated in Item 1. of the Declarations this insurance applies 1. as if each Named Insured were the only Named Insured and 2. separately to each Insured against whom claim is made or Suit is brought. 0. Transfer of Rights of Recovery 1. If any Insured has rights to recover all or part of any payment we have made under this policy those rights are transferred to us. The Insured must do nothing after loss to impair these rights and must help us enforce them. 2. Any recoveries will be applied as follows a. any person or organization including the Insured that has paid an amount in excess of the applicable Limits of Insurance of this policy will be reimbursed first b. we then will be reimbursed up to the amount we have paid and c. 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 in the exercise of rights of recovery will be apportioned among the persons or organizations including the Insured in the ratio of their respective recoveries as finally settled. 80517 1109 Page 16 of 24 AH2709 2001 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
3. If prior to the time of an Occurrence you waive any right of recovery against a specific person or organization for injury or damage as required under an Insured Contract we will also waive any rights we may have against such person or organization P. Transfer of Your Rights and Duties Your rights and duties under this policy may not be transferred without our written consent. If you die or are legally declared bankrupt your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. However notice of cancellation sent to the first Named Insured designated in Item 1 of the Declarations and mailed to the address shown in this policy will be sufficient notice to effect cancellation of this policy. Q. Unintentional Failure to Disclose Your failure to disclose all hazards existing as of the inception date of the policy will not prejudice you with respect to the coverage afforded by this policy provided that any such failure or omission is not intentional. R. Violation of Economic or Trade Sanctions If coverage for a claim or Suit under this Policy is in violation of any United States of America economic or trade sanctions including but not limited to sanctions administered and enforced by the United States Treasury Department s Office of Foreign Assets Control OFAC then coverage for that claim or Suit will be and void. VII. 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 1. a land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or 2. any other land vehicle that is subject to a compulsory or financial responsibility law in the state where it is licensed or principally garaged. However Auto does not include Mobile Equipment. C. Bodily Injury means bodily injury sickness or disease sustained by any person including death mental anguish mental injury shock or humiliation resulting from any of these at any time. D. Crisis Management Event means an Occurrence that in the good faith opinion of a Key Executive of the Named Insured in the absence of C Management Services has or may result in 1. damages covered by this policy that are in excess of the total applicable limits of Scheduled Underlying Insurance or the Self Insured Retention and 2. significant adverse regional or national media coverage. 80517 1109 Page 17 of 24 AH2709 2001 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
Crisis Management Event will include without limitation man made disasters such as explosions major crashes multiple deaths burns dismemberment traumatic brain injury permanent paralysis or contamination of food drink or pharmaceuticals provided that any damages arising out of any of the aforementioned must be covered under this policy. Crisis Management Firm means any firm that is shown in Schedule A Approved Crisis Management Firms attached to and forming part of this policy which is hired by you to perform Crisis Management Services in connection with a Crisis Management Event. Crisis Management Loss means the following amounts incurred during a Crisis Management Event 1. amounts for the reasonable and necessary fees and expenses incurred by a Crisis Management Firm in the performance of Crisis Management Services for the Named Insured solely arising from a covered Cri Management Event and 2. amounts for reasonable and necessary printing advertising mailing of materials or travel by directors officers employees or agents of the Named Insured or a Crisis Management Firm incurred at the direction of a Ci Management Firm solely arising from a covered Crisis Management Event. Crisis Management Services means those services performed by a Crisis Management Firm in advising the Named Insured on minimizing potential harm to the Named Insured from a covered Crisis Management Event by maintaining and restoring public confidence in the Named Insured. CrisisResponse Costs means the following reasonable and necessary expenses incurred during a Crisis Management Event directly caused by a Crisis Management Event provided that such expenses have been pre approved by us and may be associated with damages that would be covered by this policy 1. medical expenses 2. funeral expenses 3. psychological counseling 4. travel expenses 5. temporary living expenses 6. expenses to secure the scene of a Crisis Management Event and 7. any other expenses pre approved by the Company. CrisisResponse Costs does not include defense costs or Crisis Management Loss. CrisisResponse Sublimit of Insurance means the CrisisResponse Sublimit of Insurance shown in Item 3D. of the Declarations. Excess Casualty CrisisFund Limit of Insurance means the Excess Casualty CrisisFund Limit of Insurance shown in ltem 3E of the Declarations. Hostile Fire means a fire that 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 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 80517 1109 Page 18 of 24 AH2709 2001 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
M. if such property can be restored to use by 1. 2. the repair replacement adjustment or removal of Your Product or Your Work or your fulfilling the terms of the contract or agreement. Insured means the Named Insured if you are designated in the declarations as a. an individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner b. a partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. c. a limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers d. an organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders e. atrust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees your employees other than 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 your volunteer workers only while performing duties related to the conduct of your business any person other than your employee or volunteer worker or organization while acting as your real estate manager 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 any person or organization other than the Named Insured included as an additional insured under Scheduled Underlying Insurance but not for broader coverage than would be afforded by such Scheduled Underlying Insurance. Notwithstanding any of the above a. no person or organization is an Insured with respect to the conduct of any current past or newly formed partnership joint venture or limited liability company that is not designated as a Named Insured in ltem 1 of the Declarations and no person or organization is an Insured under this policy who is not an Insured under applicable Scheduled Underlying Insurance. This provision shall not apply to any organization set forth in the definition of Named Insured in Paragraph R. 2 and 3. 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. 80517 1109 Page 19 of 24 AH2709 2001 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
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 prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b. giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3. under which the Insured if an architect engineer or surveyor assumes liability for 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. Key Executive means the Chief Executive Officer Chief Operating Officer Chief Financial Officer President General Counsel or general partner if the Named Insured is a partnership of the Named Insured or sole proprietor if the Named Insured is a sole proprietorship. A Key Executive also means any other person holding a title designated by you and approved by us which title is shown in Schedule B Additional Key Executives attached to and forming part of this policy. Loss means those sums actually paid as judgments or settlements provided however that if expenses incurred to defend a Suit or to investigate a claim reduce the applicable limits of Scheduled Underlying Insurance then Loss shall include such expenses.. Mobile Equipment means any of the following types of land vehicles including any attached machinery or equipment 1. bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads 2. vehicles maintained for use solely on or next to premises you own or rent 3. vehicles that travel on crawler treads 4. vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted a. power cranes shovels loaders diggers or drills or b. road construction or resurfacing equipment such as graders scrapers or rollers 5. vehicles not described in Paragraph 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 6. vehicles not described in Paragraph 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 80517 1109 Page 20 of 24 AH2709 2001 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
i snow removal i 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. However Mobile Equipment does not include any land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law are considered Autos. R. Named Insured means 1. 2. any person or organization designated in Item 1. of the Declarations as of the inception date of this policy any organization except for a partnership joint venture or limited liability company in which you maintain an interest of more than fifty percent 60 as of the effective date of this policy provided that coverage provided to such organization under this paragraph does not apply to any Bodily Injury or Property Damage that occurred or any Personal Injury and Advertising Injury that was caused by an Occurrence that was committed before you acquired or formed such organization or after you ceased to maintain an interest of more than fifty percent 50 in such organization and after the inception date of this policy any organization except for a partnership joint venture or limited liability company that you acquire or form during the Policy Period in which you maintain an interest of more than fifty percent 50 provided that a. coverage provided to such organization under this paragraph does not apply to any Bodily Injury or Property Damage that occurred or any Personal Injury and Advertising Injury that was caused by an Occurrence that was committed before you acquired or formed such organization or after you ceased to maintain an interest of more than fifty percent 50 in such organization and b. you give us prompt notice after you acquire or form such organization. Subject to the provisions of Paragraphs 3a. and 3b. above a partnership joint venture or limited liability company that you acquire or form during the Policy Period may be added as an Insured only by a written endorsement that we make a part 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. You agree that any organization to which paragraphs 2. and 3. above apply will be required to be included as an Insured under applicable Scheduled Underlying Insurance. If you fail to comply with this requirement coverage under this policy will apply as though the organization was included as an Insured under the highest applicable limit of Scheduled Underlying Insurance. S. Occurrence means 1. as respects 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 harmful conditions will be deemed to arise out of one Occurrence. as respects Personal Injury and Advertising Injury an offense arising out of your business that causes Personal Injury and Advertising Injury. All damages that arise from the same related or repeated injurious 80517 1109 Page 21 of 24 AH2709 2001 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
material or act will be deemed to arise out of one Occurrence regardless of the frequency or repetition thereof the number and kind of media used and the number of claimants. T. Other Insurance means a valid and collectible policy of insurance providing coverage for damages covered in whole or in part by this policy. However Other Insurance does not include Scheduled Underlying Insurance the Self Insured Retention or any policy of insurance specifically purchased to be excess of this policy affording coverage that this policy also affords. U. Personal Injury and Advertising Injury means injury arising out of your business including consequential Bodily Injury arising out of one or more of the following offenses 1. false arrest detention or imprisonment 2. malicious prosecution 3. the wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor 4. oral or witten publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services 5. oral or written publication in any manner of material that violates a person s right of privacy 6. the use of another s advertising idea in your Advertisement or 7. infringement upon another s copyright trade dress or slogan in your Advertisement. V. Policy Period means the period of time from the inception date shown in Item 2. of the Declarations to the earlier of the expiration date shown in Item 2. of the Declarations or the effective date of termination of this policy. W. Pollutants means any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. X. Products Completed Operations Hazard means all Bodily Injury and Property Damage occurring away from premises you own or rent and arising out of Your Product or Your Work except 1. products that are still in your physical possession or 2. work that has not yet been completed or abandoned. However Your Work 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 job site has been completed if your contract calls for work at more than one job site or 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. Products Completed Operations Hazard does not include Bodily Injury or Property Damage arising out of 1. the transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any Insured or 80517 1109 Page 22 of 24 AH2709 2001 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
Y. BB. ccC. DD. 2. the existence of tools uninstalled equipment or abandoned or unused materials. 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. Retained Limit means 1. the total applicable limits of Scheduled Underlying Insurance and any applicable Other Insurance providing coverage to the Insured or 2. the Self Insured Retention applicable to each Occurrence that results in damages not covered by Scheduled Underlying Insurance nor any applicable Other Insurance providing coverage to the Insured. Scheduled Underlying Insurance means 1. the policy or policies of insurance and limits of insurance shown in the Schedule of Underlying Insurance forming a part of this policy and 2. automatically any renewal or replacement of any policy in Paragraph 1. above provided that such renewal or replacement provides equivalent coverage to and affords limits of insurance equal to or greater than the policy being renewed or replaced. Scheduled Underlying Insurance does not include a policy of insurance specifically purchased to be excess of this policy affording coverage that this policy also affords. Self Insured Retention means the amount that is shown in Item 5. of the Declarations. Suit means a civil proceeding in which damages because of Bodily Injury Property Damage or Personal Injury and Advertising Injury to which this policy applies are alleged. Suit includes 1. an arbitration proceeding in which such damages are claimed and to which the Insured must submit or does submit with our consent or 2. any other alternative dispute resolution proceeding in which such damages are claimed and to which the Insured submits with our consent. Your Product means 1. any goods or products other than real property manufactured sold handled distributed or disposed of by a. you b. others trading under your name or c. a person or organization whose business or assets you have acquired and 2. containers other than vehicles materials parts or equipment furnished in connection with such goods or 80517 1109 Page 23 of 24 AH2709 2001 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
EE. products. Your Product includes 1. warranties or representations made at any time with respect to the fitness quality durability performance or use of Your Product and 2. the providing of or failure to provide warnings or instructions. Your Product does not include vending machines or other property rented to or located for the use of others but not sold. Your Work 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. Your Work includes 1. warranties or representations made at any time with respect to the fitness quality durability performance or use of Your Work and 2. the providing of or failure to provide warnings or instructions. IN WITNESS WHEREOF the Insurer has caused this Policy to be signed by its President Secretary and Authorized Representative. RS il S SECRETARY PRESIDENT This Policy shall not be valid unless signed below at the time of issuance by an authorized representative of the insurer. Christopher G. Kopser Authorized Representative 80517 1109 Page 24 of 24 AH2709 2001 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
SCHEDULE OF UNDERLYING INSURANCE Issued to ACCUTEST CORPORATION By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA. Policy Number BE 015157724 TYPE OF POLICY INSURER POLICY NO. OR COVERAGE AND POLICY PERIOD LIMITS GENERAL LIABILITY Zurich American Insurance Company 0701114 070115 AUTO LIABILITY Hartford Casualty Insurance Company AT IN11A 1000000 PER OCCURRENCE 2000000 GENERAL AGGREGATE 2000000 PRODUCTS COMPLETED OPS. AGGREGATE 2000000 PER PROJECT GENERAL AGGREGATE 2000000 PER LOCATION GENERAL AGGREGATE 10000000 CAPPED LIMIT Defense Expenses are in addition to the limit 1000000 PER ACCIDENT Policy Number BE 015157724 AUTO LIABILITY Hartford Casualty Insurance Company 0701114 070115 Defense Expenses are in addition to the limit 1000000 PER ACCIDENT AUTO LIABILITY Massachusetts Hartford Casualty Insurance Company 0701114 070115 Defense Expenses are in addition to the limit 1000000 BODILY INJURY BY ACCIDENT 1000000 BODILY INJURY BY DISEASEEACH EMPLOYEE 1000000 BODILY INJURY BY DISEASEPOLICY LIMITS Defense Expenses are in addition to the limit 1000000 EACH EMPLOYEE EMPLOYERS LIABILITY Hartford Casualty Insurance Company 0701114 070115 EMPLOYEE BENEFITS LIABILITY Zurich American Insurance Company UNDSCH 599 AHO006 | 2 |
SCHEDULE OF UNDERLYING INSURANCE Issued to ACCUTEST CORPORATION By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA. Policy Number BE 015157724 TYPE OF POLICY OR COVERAGE INSURER POLICY NO. AND POLICY PERIOD LIMITS 0701114 070115 2000000 AGGREGATE Defense Expenses are in addition to the limit Policy Number BE 015157724 2 hri her G. K r AUTHORIZED REPRESENTATIVE UNDSCH 599 AHO006 | 2 |
POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE Coverage for acts of terrorism is included in your policy. You are hereby notified that under the Terrorism Risk Insurance Act as amended that you have a 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. Under your coverage any losses resulting from certified acts of terrorism may be partially reimbursed by the United States Government under a formula established by the Terrorism Risk Insurance Act as amended. However your policy may contain other exclusions which might affect your 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 insu rance company providing the coverage. The Terrorism Risk Insurance Act as amended contains a 100 billion cap that limits U.S. Government reimbursement as well as insurers liability for losses resulting from certified acts of terrorism when the amount of such losses exceeds 100 billion in any one calendar year. If the aggregate insured losses for all insurers exceed 100 billion your coverage may be reduced. The portion of your annual premium that is attributable to coverage for acts of terrorism is 422.00 and does not include any charges for the portion of losses covered by the United States government under the Act. 96556 108 2007 National Association of Insurance Commissioners NOTICE ERAGE reaucead. Inder e Act 6556 108 2007 National Association of Insurance Commissioners | 2 |
ENDORSEMENT No. 1 This endorsement effective 12201 AM July 1 2014 Forms a part of policy no BE 015157724 Issued to ACCUTEST CORPORATION By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA. Commercial Umbrella Policy with CrisisResponse Act of Terrorism Self Insured Retention Endorsement Solely with respect to any Act of Terrorism this policy is amended as follows The DECLARATIONS ITEM 5. SELF INSURED RETENTION is amended to include the following additional Self Insured Retention ACT OF TERRORISM SELF INSURED RETENTION 1000000 Each Occurrence As respects all liability covered under this policy arising out of any Act of Terrorism. The Act of Terrorism Self Insured Retention will not be reduced or exhausted by Defense Expenses. ITEM 6. OF THE DECLARATIONS PREMIUM AND PREMIUM COMPUTATION is amended to include the following ACT OF TERRORISM PREMIUM 422 Section IV. LIMITS OF INSURANCE is amended to include the following additional provision The Act of Terrorism Self Insured Retention applies whether or not there is any available Scheduled Underlying Insurance or Other Insurance providing coverage to the Insured. If there is Scheduled Underlying Insurance or Other Insurance providing coverage to the Insured amounts received through such Scheduled Underlying Insurance or Other Insurance for payment of the Loss may be applied to reduce or exhaust the Act of Terrorism Self Insured Retention. However in no event will amounts received through such Scheduled Underlying Insurance or Other Insurance for the payment of Defense Expenses reduce the Act of Terrorism Self Insured Retention. Section Ill. DEFENSE PROVISIONS Paragraphs A. 1. and A. 2. and D. are deleted in their entireties and Paragraph A. is replaced by the following A. 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. Section VII. DEFINITIONS is amended to include the following additional definition Act of Terrorism means 1. any act which is verified or recognized by the United States Government as an act of terrorism including a certified act of terrorism defined by Section 102. Definitions. of the Terrorism Risk Insurance Act of 2002 and any revisions amendments or extensions thereto or 83049 306 AH1721 Page 1 of 2 | 2 |
2. the use or threatened use of force or violence against person or property or commission of an act dangerous to human life or property or commission of an act that interferes with or disrupts an electronic or communication system undertaken by any person or group whether or not acting on behalf of or in connection with any organization government power authority or military force when the effect is to intimidate coerce or harm a government the civilian population or any segment thereof or to disrupt any segment of the economy. Defense Expenses means any payment allocated to a specific loss claim or Suit for its investigation settlement or defense including but not limited to 1. Attorney s fees and all other investigation loss adjustment and litigation expenses 2. Premiums on bonds to release attachments 3. Premiums on appeal bonds required by law to appeal any claim or Suit 4. Costs taxed against the Insured in any claim or Suit 5. Pre judgment interest awarded against the Insured 6. Interest that accrues after entry of judgment. It is understood and agreed that if any other endorsement to this policy excludes terrorism liability arising in one or more specified countries the provisions of such exclusion shall supersede this endorsement. All other terms definitions conditions and exclusions of this policy remain unchanged. Christopher G. Kopser Authorized Representative or Countersignature in States Where Applicable 83049 306 AH1721 Page 2 of 2 | 2 |
ENDORSEMENT No. 2 This endorsement effective 12201 AM July 1 2014 Forms a part of policy no BE 015157724 Issued to ACCUTEST CORPORATION By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA. Commercial Umbrella Liability Policy with CrisisResponse Automobile Liability Follow Form Endorsement This policy is amended as follows Section V. EXCLUSIONS is amended to include the following additional exclusion Automobile Liability This insurance does not apply to any liability arising out of the ownership maintenance operation use or entrustment to others of any Auto owned or operated by or rented or loaned to any Insured. Use includes operation and loading or unloading of any Auto. However this exclusion will not apply if coverage is provided for Bodily Injury or Property Damage by Scheduled Underlying Insurance. Coverage under this policy for such Bodily Injury or Property Damage 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. Provided however that coverage provided by this policy will be no broader than the coverage provided by Scheduled Underlying Insurance. All other terms definitions conditions and exclusions of this policy remain unchanged. L Christopher G. Kopser Authorized Representative or Countersignature Where Applicable 80398 0702 AHO0885 | 2 |
ENDORSEMENT No. 3 This endorsement effective 1201 AM July 1 2014 Forms a part of policy no BE 015157724 Issued to ACCUTEST CORPORATION By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA. Commercial Umbrella Liability Policy with CrisisResponse Bacteria and Viruses Exclusion Endorsement This policy is amended as follows Section V. EXCLUSIONS is amended to include the following additional exclusion Bacteria and Viruses This insurance does not apply to Bodily Injury Property Damage or Personal Injury and Advertising Injury or any other loss injury damage cost or expense including but not limited to losses costs or expenses related to arising from or associated with clean up remediation containment removal or abatement caused directly or indirectly in whole or in part by bacteria andor viruses. This exclusion applies regardless of any other cause event material product andor building component that contributed concurrently or in any sequence to that loss injury damage cost or expense. It is understood that to the extent any coverage may otherwise be provided under this policy or any of its endorsements the provisions of this exclusion will supersede. All other terms definitions conditions and exclusions of this policy remain unchanged. Christopher G. Kopser Authorized Representative or Countersignature Where Applicable 90983 506 AH1900 | 2 |
ENDORSEMENT No. 4 This endorsement effective 12201 AM July 1 2014 Forms a part of policy no BE 015157724 Issued to ACCUTEST CORPORATION By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA. COVERAGE TERRITORY ENDORSEMENT This endorsement modlifies insurance provided under the following Payment of loss under this policy shall only be made in full compliance with all United States of America economic or trade sanction laws or regulations including but not limited to sanctions laws and regulations administered and enforced by the U.S. Treasury Department s Office of Foreign Assets Control OFAC. L Christopher G. Kopser Authorized Representative 89644 705 AH2421 | 2 |
ENDORSEMENT No. 5 This endorsement effective 12201 AM July 1 2014 Forms a part of policy no BE 015157724 Issued to ACCUTEST CORPORATION By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA. Commercial Umbrella Liability Policy with CrisisResponse Cri sResponse Coverage Enhancement Endorsement This policy is amended as follows It is understood and agreed that in every instance in which the phrase CrisisResponse Sublimit of Insurance is referenced in this policy andor its endorsements the phrase CrisisResponse Limit of Insurance shall be substituted. Section IV. LIMITS OF INSURANCE Paragraph I. is deleted in its entirety and replaced by the following I. The CrisisResponse Limit of Insurance is the most we will pay for all CrisisResponse Costs under this policy regardless of the number of Crisis Management Events first commencing during the Policy Period. This CrisisResponse Limit of Insurance will be in addition to the applicable Limit of Insurance. All other terms conditions definitions and exclusions of this policy remain unchanged. Christopher G. Kopser Authorized Representative or Countersignature Where Applicable 94621 507 AH2035 | 2 |
ENDORSEMENT No. 6 This endorsement effective 1201 AM July 1 2014 Forms a part of policy no BE 015157724 Issued to ACCUTEST CORPORATION By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA. Commercial Umbrella Liability Policy with CrisisResponse Duties in the Event of an Occurrence Claim or Suit and Schedule A Approved Crisis Management Firms Solely as respects coverage provided by Section Il INSURING AGREEMENT CRISISRESPONSE AND EXCESS CASUALTY CRISIS FUND the following conditions are added to Section VI. Conditions Paragraph G. Duties in the Event of an Occurrence Claim or Suit You must report any Crisis Management Event to us within twenty four 24 hours of the time that a Key Executive first becomes aware of an Occurrence that gives rise to a Crisis Management Event or as soon as practicable to be eligible for the advancement of CrisisResponse Costs and the payment of Crisis Management Loss. Notice of a Crisis Management Event may be given by calling 1 877 244 3100. If notice is given by telephone written notice will be given as soon as practicable thereafter. Written notice should include 1. how when and where the Cri s Management Event is taking or took place 2. the names and addresses of any injured persons and any witnesses and 3. the nature and location of any injury or damage arising out of the Crisis Management Event. Written notice should be mailed e mailed or delivered to AIG Claims Inc. Excess Casualty Claims Department Segmentation Unit 175 Water Street 22nd Floor New York NY 10038 Fax 866 743 4376 E mail excessfolAIG.com All other terms definitions conditions and exclusions of this policy remain unchanged. L Christopher G. Kopser Authorized Representative or Countersignature Where Applicable 83687 911 AH3164 Page 10f 8 | 2 |
SCHEDULE A THE FOLLOWING PUBLIC RELATIONS FIRMS ARE APPROVED CRISIS RESPONSE VENDORS FIRM ADDRESS CONTACT INFORMATION EMERGENCY SERVICES TELEPHONE OFFERED Abernathy MacGregor Group Inc. 501 Madison Avenue Rhonda Barnat 917 912 6378 Public Relations New York NY 10022 212 371 5999 Office Crisis Management 917 912 6378 Cell and Threat 212 752 0723 Fax Vulnerability 646 478 8740 Home Assessment. rbabmac.com 611 W. Sixth Street Suite 1880 Los Angeles CA 90017 611 W. Sixth Street Suite 1880 Los Angeles CA 90017 lan D. Campbell 818 750 4392 213 630 6550 Office 917 940 3476 213 422 7958 Cell 213 489 3443 Fax 818 957 5650 Home 818 541 0954 Home Fax idcabmac.com Ann Barks Public Relations Southeastern United States 896 Cross Gates Boulevard Slidell LA 70461 Ann W. Barks 985 290 8304 985 847 0750 Direct 985 290 8304 Cell abarksprbellsouth.net Public Relations and Crisis Management. Bright Light Marketing Group Hawaii Only 1001 Bishop Street Suite 900 Honolulu Hawaii Charlene Lo Chan 808 275 3007 Direct 808 524 6441 Office Public Relations and Crisis Management. 96813 3429 808 781 7733 Cell 808 524 8115 Fax charlenebrightlightmarketing.com Dix Eaton Dix Eaton Matt Barkett 216 241 3073 Public Relations. 200 Public Square 216 241 3073 Direct Crisis Management Suite 1400 216 241 0405 Office and Threat Cleveland OH 216 780 7800 Cell Vulnerability 44114 2316 mbarkettdixeaton.com Assessment. Gary Pratt 216 241 4613 Direct 216 241 0405 Office 440 477 1278 Cell gprattdixeaton.com 83687 911 Page 2 of 8 AH3164 818 750 4392 917 940 3476 83687 911 AH3164 | 2 |
FIRM ADDRESS CONTACT INFORMATION EMERGENCY SERVICES TELEPHONE OFFERED Edelman 200 E. Randolph Street Harlan Loeb 312 927 8424 Public Relations. Chicago IL 60601 312 240 2624 Direct 312 240 3000 Office 312 240 2900 Fax 312 927 5632 Cell harlan.loebedelman.com Crisis Management and Threat Vulnerability Assessment. Jenifer Giller 312 240 3000 Office 312 233 1272 Cell 312 240 2900 Fax jenifer.gilleredelman.com Fleishman Hilliard International Communications Inc John Hancock Center 200 East Randolph St. Chicago IL 60601 David Saltz 312 751 3530 Direct 312 751 8878 Office 312 729 3630 Cell 312 751 8191 Fax david.saltzfleishman.com Public Relations. Crisis Management and Threat Vulnerability Assessment. Rick Fox 617 729 3734 Direct 312 286 4983 Cell 312 751 8191 Fax rick.foxfleishman.com Levick Strategic Communications LLC 1900 M Street NW Gene Grabowski Washington D.C. 202 973 1351 Direct 20036 202 270 6560 Cell 202 973 1301 Fax ggrabowskiIlevick.com 202 270 6560 Public Relations. Crisis Management and Threat Vulnerability Assessment. Jason Maloni 202 973 1335 Direct 202 834 9677 Cell jason.maloniIevick.com 83687 911 AH3164 Page 30of 8 | 2 |
FIRM ADDRESS CONTACT INFORMATION EMERGENCY SERVICES TELEPHONE OFFERED Lexicon Communications Corp. 520 Bellmore Way Steven B. Fink 626 683 9333 Public Relations. Pasadena CA 91103 626 683 9333 Direct 626 253 1519 Cell 626 449 7659 Fax sfinklexiconcorp.com Crisis Management and Threat Vulnerability Assessment. Marsh Inc. Reputational Risk Crisis Management Group 1166 Avenue of the Tracy Knippenburg Gillis 877 246 2774 Americas 212 345 3886 Direct New York NY 10036 516 661 0308 Cell 516 536 5845 Other 212 948 8638 Fax tracy.knippenburggillismarsh.com Public Relations. Crisis Management and Threat Vulnerability Assessment. 345 California Street Simon R. Baker Suite 1300 415 743 8648 Direct San Francisco 415 367 5707 Cell California 94104 robert.wilkersonmarsh.com ONeill Associates 31 New Chardon St. Andrew M. Paven Boston 866 989 4321 Toll Free Massachusetts 02114 617 646 1000 Office 617 646 1290 Fax apavenoneillandassociates.com Public Relations. Crisis Management and Threat Vulnerability Assessment. rbb Public Relations 355 Alhambra Circle Bruce S. Rubin Suite 800 305 448 2640 Direct Miami Florida 33134 305 807 2704 Cell 305 448 5027 Fax bruce.rubinrbbpr.com Public Relations. Crisis Management Robinson Lerer Montgomery 1345 Avenue of the Michael Gross Americas 646 805 2003 Direct 4 Floor 646 805 2000 Office New York NY 917 853 0620 Cell 10105 718 788 5281 Home mgrossrimnet.com Patrick S. Gallagher 646 805 2007 Direct 646 805 2000 Office 917 328 9333 Cell 646 805 2829 Fax 914 232 4256 Home allagherrimnet.com 83687 911 Page 4 of 8 AH3164 646 805 2000 Public Relations. Crisis Management and Threat Vulnerability Assessment. ates.com 83687 911 AH3164 | 2 |
FIRM ADDRESS CONTACT INFORMATION EMERGENCY SERVICES TELEPHONE OFFERED Sard Verbinnen Co. 630 Third Avenue George Sard 917 750 4392 Public Relations. 9 Floor 212 687 8080 Office Crisis Management New York NY 10017 212 687 8344 Fax and Threat gsardsardverb.com Vulnerability Assessment. 475 Sansome Street Paul Kranhold Suite 1750 415 618 8750 Office San Francisco CA 415 568 9580 Fax 94111 pkranholdsardverb.com Sitrick and Company Inc. 655 Third Avenue Jeffrey S. Lloyd 310 358 1011 Public Relations. 22 Floor New York NY 10017 1840 Century Park East Suite 800 Los Angeles CA 90067 212 660 6393 Direct 212 573 6100 Office 310 963 2850 Cell 212 573 6165 Fax jefflloydsitrick.com Michael S. Sitrick 310 788 2850 Direct 310 788 2855 Fax mikesitricksitrick.com Crisis Management and Threat Vulnerability Assessment. 1840 Century Park East Suite 800 Los Angeles CA 90067 The Torrenzano Group The Lincoln Building Richard Torrenzano Public Relations. 60 East 42 Street 212 681 1700 Ext. 111 Direct Crisis Management Suite 2112 212 681 6961 Fax and Threat New York NY richardtorrenzano.com Vulnerability 10165 2112 Assessment. Edward A. Orgon 212 681 1700 Ext. 102 Direct 917 539 4000 Cell 212 681 6961 Fax edtorrenzano.com 83687 911 AH3164 Page 5 of 8 | 2 |
THE FOLLOWING NON PUBLIC RELATIONS FIRMS ARE APPROVED CRISIS RESPONSE VENDORS FIRM ADDRESS CONTACT INFORMATION EMERGENCY SERVICES TELEPHONE OFFERED ANS Rehab Consulting LLC 305 Tallwood Lane Nicole Denson 888 552 5378 Psychological Green Brook 908 279 7532 Main Office Counseling New Jersey 08812 908 822 0422 Fax Medical Case 646 584 7885 Cell Management nicoleansrehabconsulting.com Medical Cost Projection and Containment. Anthony Sambucini 908 822 9322 Direct 908 822 0422 Fax 908 720 8644 Cell anthonyansrehabconsulting.com Bill Tibbo Associates 411 Borland Court Newmarket Ontario L3X 1E4 Bill Tibbo 888 355 9788 Toll Free 416 716 8057 Cell bilbilltibbo.com Psychological Counseling Medical Case Management Medical Cost Projection and Containment. Ross McPhail 905 830 0291 Office 905 868 4174 Cell rossbilltibbo.com Coventry Health Care Inc. 3200 Highland Ave. Michael Lacroix 888 552 5378 Downers Grove IL 914 223 4463 Cell 60515 786 513 7690 Fax jlacroixcvty.com Psychological Counseling Medical Case Management Medical Cost Projection and Containment. Cunningham Lindsey US f k a GAB Robbins North America Inc. 560 Peoples Plaza Gail Oliver 800 621 5410 Suite 215 302 838 1684 Direct 302 521 4985 Cell 302 838 1685 Fax golivergclna.com Neward Delaware 19702 Claims Investigative Appraisal Emergency Claims and Loss Call Center Operations. 83687 911 AH3164 Page 6 of 8 | 2 |
FIRM ADDRESS CONTACT INFORMATION EMERGENCY SERVICES TELEPHONE OFFERED D.AR. Inc. 4 Iris Drive David W. Hunt 207 415 0735 Crisis Management Scarborough Maine 207 415 0735 Direct Global Investigative 04074 207 883 0493 Home Services Access to 207 883 2436 Fax National dhunt12348aol.com International Intelligence Agencies Crisis Management Threat and Vulnerability Assessment. Lanny J. Davis Associates LLC 600 13th Street NW Lanny J. Davis Legal Crisis Suite 600 202 756 8211 Direct Communications Washington DC 202 737 1141 Fax Media Strategy 20005 Idavislannyjdavis.com Public Advocacy Legal Regulatory Issues and Crisis Management. Maddie Melendez 202 756 8293 Direct mmelendez lannyjdavis.com Lombardi Associates 277 Fairfield Road Suite 306A Fairfield NJ 07004 Anthony Nastasi 877 715 2440 973 271 8928 Direct 800 550 0095 Office 310 552 9052 Fax anthony.nastasilombardiassociates.com Psychological Counseling Medical Case Management Medical Cost Projection and Containment. Jennifer Wolfe 803 917 9948 Direct Meagher Geer P.L.L.P. 33 S. Sixth Street Russell D. Melton 612 347 9118 Crisis Management Suite 4400 612 371 1317 Direct and Threat Minneapolis MN 55402 612 338 0661 Office Vulnerability 612 338 8384 Fax Assessment. 612 964 1882 Cell rmeltonmeagher.com 83687 911 AH3164 Page 7 of 8 | 2 |
FIRM ADDRESS CONTACT INFORMATION EMERGENCY SERVICES TELEPHONE OFFERED Patton Boggs LLP 2550 M Street NW Thomas M. Keane Legal Regulatory Washington DC 202 457 7540 Direct Issues Public 2007 202 256 1289 Cell Relations and Crisis 202 457 6315 Fax Management. tkeanepattonboggs.com T. J. Russo Consultants Nationwide 99 Hillside Avenue Michael W. Russo 516 456 3900 Fire Investigation Suite X 516 294 8644 Ext. 15 Direct and Analysis Williston Park NY 516 456 3900 After Hours Services. 516 456 3900 Cell 516 747 1009 Fax mwrusso123aol.com 11596 83687 911 AH3164 Page 8 of 8 | 2 |
ENDORSEMENT No. 7 This endorsement effective 1201 AM July 1 2014 Forms a part of policy no BE 015157724 Issued to ACCUTEST CORPORATION By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA. Commercial Umbrella Liability Policy with CrisisResponse Employers Liability Stop Gap Limitation Endorsement This policy is amended as follows Section V. EXCLUSIONS is amended to include the following additional exclusion Employers Liability This insurance does not apply to Bodily Injury to any employee of the Insured arising out of and in the course of the employee s employment by the Insured. However if insurance for such Bodily Injury is provided by a policy listed in the Scheduled Underlying Insurance 1. The above exclusion shall not apply and 2. Coverage under this policy for such Bodily 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. Provided however that coverage provided by this policy will be no broader than the coverage provided by Scheduled Underlying Insurance. All other terms definitions conditions and exclusions of this policy remain unchanged. Christopher G. Kopser Authorized Representative or Countersignature Where Applicable 82616 506 AH1887 | 2 |
ENDORSEMENT No. 8 This endorsement effective 1201 AM July 1 2014 Forms a part of policy no BE 015157724 Issued to ACCUTEST CORPORATION By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA. Commercial Umbrella Liability Policy With CrisisResponse Employee Benefits Liability Limitation Endorsement Claims Made NOTICE Please read this endorsement carefully. This endorsement provides coverage on a claims made basis. Except to the extent as may otherwise be provided herein the coverage of this insurance is generally limited to liability for only those claims that are first made during the Policy Period and reported in writing to us. This policy is amended as follows Section V. EXCLUSIONS is amended to include the following additional exclusion Employee Benefits Liability This insurance does not apply to any liability arising out of 1. any violation of any of the responsibilities obligations or duties imposed upon fiduciaries by ERISA or any similar law regarding workers compensation unemployment insurance Social Security or any government mandated disability benefits or 2. any act error or omission committed by or on behalf of the Insured solely in the performance of one or more of the following administrative duties or activities a. giving counsel to employees with respect to a Plan b. interpreting a Plan c. handling of records in connection with a Plan d. effecting enroliment termination or cancellation of employees under a Plan or e. any claim against an Insured solely by reason of his her or its status as an administrator the Plan or you as sponsor of the Plan. However this exclusion will not apply only if and to the extent that coverage for such liability is provided by Scheduled Underlying Insurance. Solely as respects this endorsement this policy will only provide coverage for a Claim made against the Insured during the Policy Period a If the insurance provided by Scheduled Underlying Insurance provides coverage for Occurrences occurring on or after a specified Retroactive Date for a claim for damages because of employee benefits liability first made in writing against any Insured in accordance with Paragraph b below during the Policy Period or any Extended Reporting Period we provide and written notice is received by us during the Policy Period or Extended Reporting Period if applicable. b A Claim by any person or organization seeking damages will be deemed to have been made at the earlier of the following times 83073 407 AH2247 Page 1 of 2 | 2 |
1. When notice of such Claim is received and recorded by any Insured in writing and reported to us during the Policy Period or any applicable extended reporting period or 2. When we make settlement in accordance with Paragraph a above. Notwithstanding the above this insurance shall not apply to 1. any Claim alleging or arising out of an Occurrence committed on or after the Retroactive Date set forth in the Schedule Underlying Insurance if the Insured an officer manager in your risk management insurance or legal department or an employee who was authorized by you to give or receive notice of an Occurrence knew as of the Continuity Date shown above that such Occurrence could result in a Claim. 2. any Claim alleging or arising out the same Occurrence or series of continuous repeated or related Occurrences or alleging the same or similar facts alleged or contained in any Claim which has been reported or any Occurrence of which notice has been given under any policy of which this policy is a renewal replacement or succeeds in time. 3. any Claim alleging or arising out of any Claim or Suit pending as of the Continuity Date or alleging or arising out of or relating to any fact circumstance situation or Occurrence alleged in such Claim or Suit. If Scheduled Underlying Insurance does not contain a Continuity Date the Continuity Date will be the Retroactive Date. Coverage under this policy for such liability 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. Provided however that coverage provided by this policy will be no broader than the coverage provided by Scheduled Underlying Insurance. Section VII. DEFINITIONS is amended to include the following additional definitions Claim means a written demand upon the Insured for compensatory damages or services and shall include the service of Suit or institution of arbitration proceedings against the Insured. ERISA means the Employee Retirement Income Security Act of 1974 including amendments relating to the Consolidated Omnibus Budget Reconciliation Act of 1985 and including any amendment or revisions thereto or any similar common or statutory law of the United States Canada or any state or jurisdiction anywhere in the world to which a Plan is subject. Plan means any plan fund or program established anywhere in the world regardless of whether it is subject to regulation under Title 1 of ERISA or meets the requirements for qualification under Section 401 of the Internal Revenue Code of 1986 as amended and which is 1. a welfare plan as defined in ERISA or any similar law regarding workers compensation unemployment insurance Social Security or any government mandated disability benefits 2. a pension plan as defined in ERISA or any similar law regarding workers compensation unemployment insurance Social Security or any government mandated disability benefits or 3. a combination of 1. and 2. above. All other terms definitions conditions and exclusions of this policy remain unchanged. Christopher G. Kopser Authorized Representative or Countersignature Where Applicable 83073 407 AH2247 Page 2 of 2 | 2 |
ENDORSEMENT No. 9 This endorsement effective 12201 AM July 1 2014 Forms a part of policy no BE 015157724 Issued to ACCUTEST CORPORATION By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA. Commercial Umbrella Liability Policy with CrisisResponseSNI Foreign Liability Exclusion This policy is amended as follows Section V. EXCLUSIONS is amended to include the following additional exclusion Foreign Liability This insurance does not apply to Bodily Injury Property Damage or Personal Injury and Advertising Injury caused by an Occurrence that takes place outside the United States of America its territories or possessions Puerto Rico or Canada. All other terms definitions conditions and exclusions of this policy remain unchanged. L Christopher G. Kopser Authorized Representative or Countersignature Where Applicable 80431 0702 AHO0917 | 2 |
ENDORSEMENT No. 10 This endorsement effective 12201 AM July 1 2014 Forms a part of policy no. BE 015157724 Issued to ACCUTEST CORPORATION By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA. Commercial Umbrella Liability Policy with CrisisResponse Fungus Exclusion Endorsement This policy is amended as follows Section V. EXCLUSIONS is amended to include the following additional exclusion This insurance does not apply to Bodily Injury Property Damage or Personal Injury and Advertising Injury or any other loss injury damage cost or expense including but not limited to losses costs or expenses related to arising from or associated with clean up remediation containment removal or abatement caused directly or indirectly in whole or in part by a. b. Any Fungusi Moldss mildew or yeast or Any Spores or toxins created or produced by or emanating from such Fungusi Molds mildew or yeast or Any substance vapor gas or other emission or organic or inorganic body or substance produced by or arising out of any Fungusi Molds mildew or yeast or Any material product building component building or structure or any concentration of moisture water or other liquid within such material product building component building or structure that contains harbors nurtures or acts as a medium for any Fungusi Molds mildew yeast or Spores or toxins emanating therefrom. Paragraphs a. b. c. and d. above apply regardless of any other cause event material product andor building component that contributed concurrently or in any sequence to that loss injury damage cost or expense. It is understood that to the extent any coverage may otherwise be provided under this policy or any of its endorsements the provisions of this exclusion will supercede. Section VII. DEFINITIONS is amended to include the following additional definitions Fungusii includes but is not limited to any of the plants or organisms belonging to the major group Fungi lacking chlorophyll and including molds rusts mildews smuts and mushrooms. Molds includes but is not limited to any superficial growth produced on damp or decaying organic matter or on living organisms and fungi that produce molds. Spores means any dormant or reproductive body produced by or arising or emanating out of any Fungusi Molds mildew plants organisms or microorganisms. All other terms definitions conditions and exclusions of this policy remain unchanged. AAAG ORIN3 Christopher G. Kopser Authorized Representative or Countersignature Where Applicable Doane 1 E 1 82449 0603 AH1257 Page 1 of 1 | 2 |
ENDORSEMENT No. 11 This endorsement effective 1201 AM July 1 2014 Forms a part of policy no. BE 015157724 Issued to ACCUTEST CORPORATION By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA. Commercial Umbrella Liability Policy with CrisisResponse Human Clinical Trials Exclusion Endorsement This policy is amended as follows Section V. EXCLUSIONS is amended to include the following additional exclusion Human Clinical Trials This insurance does not apply to any liability arising out of 1. any Human Clinical Trial or 2. the disclosure or failure to disclose any data or other information with respect to any Human Clinical Trial or 3. any evaluation consultation or advice given with respect to any Human Clinical Trial. Section VII. DEFINITIONS is amended to include the following additional definition Human Clinical Trial means any study test or experiment involving one or more persons which may provide data or other information for assessment of a product pharmaceutical drug organism virus bacterium or other substance. All other terms definitions conditions and exclusions of this policy remainfhanged. Christopher G. Kopser Authorized Representative or Countersignature Where Applicable 83083 0903 AH1238 | 2 |
ENDORSEMENT No. 12 This endorsement effective 1201 AM July 1 2014 Forms a part of policy no. BE 015157724 Issued to ACCUTEST CORPORATION By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA. INDIANA AMENDATORY ENDORSEMENT Definition of Pollutants When a claim or Suit is brought against an Insured in the state of Indiana andor Indiana law applies this policy is amended as follows The definition of Pollutants in this policy or in any endorsement to this policy is deleted in its entirety and replaced with the following Pollutants means any solid liquid gaseous bacterial fungal electromagnetic thermal or other substance that can be toxic or hazardous cause irritation to animals or persons andfor cause contamination to property and the environment including smoke vapor soot fumes acids alkalis chemicals and waste. Specific examples identified as pollutants include but are not limited to diesel kerosene and other fuel oils gasoline butane propane natural gas and other fuels brake fluid transmission fluid and other hydraulic fluids ethylene glycol methyltertbutylether MTBE methanol ethanol isopropyl alcohol and propylene glycol and other fuel and antifreeze additives grease tar petroleum distillates and other petroleum products and petroleum hydrocarbons carbon monoxide and other exhaust gases stoddard solvent mineral spirits and other solvents chromium compounds emulsions emulsifiers naphtha tetrachloroethylene PCE perchloroethylene PERC trichloroethylene TCE methylene chloroform and other dry cleaning chemicals methyl isobytyl ketone methyl ethal ketone n butyl acetate 2 butoxyethanol hexylene glycol peroxides freon polychlorinated biphenyl PCB CFC113 chlorofluorocarbons chlorinated hydrocarbons adhesives pesticides insecticides barium 12 Dichloroethylene ethylene dichloride dichloromethane methylene chloride ethylbenzene lead Mercury Selenium sulfate xylene silica sewage and industrial waste materials and all substances constituents derivatives or degradative byproducts or additives specifically listed identified or described by one or more of the following references i. Comprehensive Environmental Response Compensation and Liability Act CERCLA Priority List Hazardous Substances 1997 and all subsequent editions ii. Agency for Toxic Substances And Disease Registry ToxFAQs fii. Clean Air Act s List of 188 Air Toxics And Diesel Particulate Matter iv. U.S. Environmental Protection Agency EMCI Chemical References Complete Index V. U.S. Environmental Protection Agency Persistent Bioaccumulative and Toxic Chemicals List Vi. Indiana Department of Environmental Management Remediation Closure Guide March 22 2012 edition Table A6 Screening Level Summary Table 2012 and vii. Indiana Department of Environmental Management Risk Integrated System of Closure Technical Guide Default Closure Tables January 31 2006 Appendix 1 Revised May 1 2009 vi. vii. 116924 1013 AH3286 Page 1 of 2 | 2 |
Substances identified as examples above or by the referenced lists also include materials or substances to be discarded recycled reconditioned or reclaimed. This definition of Pollutants applies whether or not such solid liquid gaseous bacterial fungal electromagnetic or thermal irritant or contaminant or substance is your product or products used by you or for you andor is an integral part of or incidental to your business operations premises site or locations or has any function in your business operations premises site or locations. For the purpose of this endorsement Suit Insured and Pollutants shall have the applicable meaning in accordance with the terms of this policy whether or not such term is in quotation marks or bolded. All other terms definitions conditions and exclusions of this policy remain unchanged. 2 Christopher G. Kopser Authorized Representative or Countersignature Where Applicable 116924 1013 AH3286 Page 2 of 2 | 2 |
ENDORSEMENT No. 13 This endorsement effective 1201 AM July 1 2014 Forms a part of policy no BE 015157724 Issued to ACCUTEST CORPORATION By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA. Commercial Umbrella Liability Policy with CrisisResponse Lead Exclusion Endorsement This policy is amended as follows Section V. EXCLUSIONS is amended to include the following additional exclusion Lead This insurance does not apply to any liability arising out of lead or the lead content of products. It is understood that to the extent any coverage may otherwise be provided under this policy or any of its endorsements the provisions of this exclusion will supersede. All other terms definitions conditions and exclusions of this policy remain unchanged. Christopher G. Kopser Authorized Representative or Countersignature Where Applicable 86471 206 AH1891 | 2 |
ENDORSEMENT No. 14 This endorsement effective 1201 AM July 1 2014 Forms a part of policy no. BE 015157724 Issued to ACCUTEST CORPORATION By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA. NEW JERSEY CANCELLATION NONRENEWAL ENDORSEMENT Wherever used in this endorsement 1 we us our and Insurer mean the insurance company which issued this policy and 2 you your named Insured First Named Insured and Insured mean the Named Corporation Named Organization Named Sponsor Named Insured or Insured stated in the declarations page and 3 Other Insureds means all other persons or entities afforded coverage under the policy. In consideration of the premium charged it is hereby understood and agreed that the cancellation provision of this policy is amended as follows Pursuant to New Jersey law this policy can not be cancelled or nonrenewed for any underwriting reason or guidelines which is arbitrary capricious or unfairly discriminatory or without adequate prior notice to the Insured. The underwriting reasons or guidelines that an Insurer can use to cancel or nonrenew this policy are maintained by the Insurer in writing and will be furnished to the Insured andor the Insured s lawful representative upon written request. This shall not apply to any policy which has been in effect for less than sixty 60 days at the time notice of cancellation is mailed or delivered unless the policy is a renewal policy. All other policy terms and conditions not inconsistent with the terms of endorsement remain unchanged. A Christopher G. Kopser AUTHORIZED REPRESENTATIVE 52158 691 AH1116 | 2 |
ENDORSEMENT No. 15 This endorsement effective 12201 AM July 1 2014 Forms a part of policy no BE 015157724 Issued to ACCUTEST CORPORATION By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA. Commercial Umbrella Liability Policy with CrisisResponse Professional Liability Exclusion Endorsement This policy is amended as follows Section V. EXCLUSIONS is amended to include the following additional exclusion Professional Liability This insurance does not apply to any liability arising out of any act error omission malpractice or mistake of a professional nature committed by the Insured or any person for whom the Insured is legally responsible. It is understood 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. All other terms definitions conditions and exclusions of this policy remain unchanged. Christopher G. Kopser Authorized Representative or Countersignature Where Applicable 83093 0505 AH1668 | 2 |
ENDORSEMENT No. 16 This endorsement effective 1201 AM July 1 2014 Forms a part of policy no BE 015157724 Issued to ACCUTEST CORPORATION By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH PA. Commercial Umbrella Liability Policy with CrisisResponse Silica Exclusion Endorsement This policy is amended as follows Section V. EXCLUSIONS is amended to include the following additional exclusion This insurance does not apply to Any liability arising out of Silica Silica fibers or Silica Dust or any products containing Silica Silica fibers or Silica Dust. Section VII. DEFINITIONS is amended to include the following additional definitions Silica means 1. The substance commonly known as Silica and 2. Any substance or product which has the same or substantially similar chemical formulation structure or function as Silica by whatever name manufactured formulated structured sold or distributed. Silica Dust means 1. Dust comprising of Silica only and 2. Dust comprising of Silica mixed with other dust or fibers including but not limited to asbestos fibers. It is understood that to the extent any coverage may otherwise be provided under this policy or any of its endorsements the provisions of this exclusion will supercede. All other terms definitions conditions and exclusions of this policy remain unchianged. A Christopher G. Kopser Authorized Representative or Countersignature Where Applicable 80479 0203 AH1061 | 2 |
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