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ENDORSEMENT No. 17 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 Salary Reimbursement Endorsement This policy is amended as follows Section 1ll. DEFENSE PROVISIONS Paragraph C. is amended to include the following additional provision In addition to the supplementary payments listed in subparagraphs a. through f. above when we assume the defense of any Suit against the Insured that seeks damages covered by this policy we will reimburse the Insured to the extent that such amounts to be reimbursed are not covered by Scheduled Underlying Insurance or any applicable Other Insurance for the Trial or Arbitration Testimony Reimbursable Amount with respect to any employee of the Insured who misses work for Trial or Arbitration Testimony at our request or with our consent subject to a maximum reimbursement of 10000 hereinafter referred to as the Trial or Arbitration Testimony Aggregate Limit of Insurance. The Trial or Arbitration Testimony Aggregate Limit of Insurance is the most we will pay with respect to all Trial or Arbitration Reimbursable Amounts regardless of the number of employees testifying or the number of trials or arbitrations at which employee testimony takes place. The Trial or Arbitration Testimony Aggregate Limit of Insurance is in addition to and not part of the Limits of Insurance shown on the Declarations. Section VII. DEFINITIONS is amended to include the following additional definitions Base Salary means the gross amount of compensation paid to an employee excluding bonuses and incentive payments overtime fringe benefits and other perquisites. Trial means a formal judicial hearing in which evidence is presented at least in part through live witness testimony for the purpose of obtaining either a jury or judge s verdict on legal claims. Trial or Arbitration Testimony means time spent by an employee of an Insured while appearing as a witness testifying at any Trial or binding arbitration proceeding. Trial or Arbitration Testimony shall include travel time to and from the Trial or binding arbitration on such days in which the employee gives live testimony where such travel time occurs during the customary business hours of the Insured s employee. Trial or Arbitration Testimony shall also include time missed from work while participating in testimony preparation at our request or with our consent and time spent at any Trial or binding arbitration proceeding on any day in which the employee is scheduled to be called to testify even if the employee is not ultimately called to testify on that day. It is understood and agreed that Trial or Arbitration Testimony shall not include time spent observing a Trial or arbitration where the employee is not scheduled to testify on that day. Trial or Arbitration Testimony Reimbursable Amount means the pro rata portion of the Base Salary of an employee of the Insured which the Insured paid the employee for Trial or Arbitration Testimony. All other terms definitions conditions and exclusions of this policy remain unchanged. Christopher G. Kopser Authorized Representative or Countersignature Where Applicable 102793 909 AH2838 | 2 |
ENDORSEMENT No. 18 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 Testing or Consulting Errors and Omissions Exclusion Endorsement This policy is amended as follows Section V. EXCLUSIONS is amended to include the following additional exclusion Testing or consulting This insurance does not apply to Bodily Injury Property Damage or Personal Injury and Adverti Injury arising out of 1. An error omission defect or deficiency in a. any test performed or b. an evaluation a consultation or advice given by or on behalf of any Insured 2. The reporting of or reliance upon any such test evaluation consultation or advice or 3. An error omission defect or deficiency in experimental data or the Insured s interpretation of such data. All other terms definitions conditions and exclusions of this policy remain unchanged. L Christopher G. Kopser Authorized Representative or Countersignature Where Applicable 89485 605 AH1705 | 2 |
ENDORSEMENT No. 19 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 Total Pollution Exclusion This policy is amended as follows Section V. EXCLUSIONS Paragraph Q. Pollution is deleted in its entirety and replaced by the following 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. All other terms definitions conditions and exclusions of this policy remain unchanged. L Christopher G. Kopser Authorized Representative or Countersignature Where Applicable 80514 0702 AH0976 | 2 |
ENDORSEMENT No. 20 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 Uninsured Underinsured Motorists Coverage Endorsement THIS ENDORSEMENT APPLIES TO A COVERED AUTO REGISTERED OR PRINCIPALLY GARAGED IN THE FOLLOWING STATES where indicated by an X The DECLARATIONS ITEM 3. LIMITS OF INSURANCE is amended to include the following additional provisions Applicable Uninsured Underinsured Each Occurrence Limits VERMONT Bodily Injury and Property Damage Combined Single Limit And if Uninsured Underinsured Motorist Coverage has been selected under this policy Applicable Uninsured Underinsured Each Occurrence Limits FLORIDA Bodily Injury WEST VIRGINIA Bodily Injury and Property Damage Combined Single Limit And if Uninsured Underinsured Motorist Coverage has not been rejected under this policy Applicable Uninsured Underinsured Each Occurrence Limits X LOUISIANA 10000000 Bodily Injury Limit NEW HAMPSHIRE Bodily Injury Limit WISCONSIN Bodily Injury and Property Damage Combined Single Limit Uninsured Underinsured Motorists Retained Limit 1000000 INSURING AGREEMENT Section I. INSURING AGREEMENT COMMERCIAL UMBRELLA LIABILITY is amended to include the following additional provisions 1. We will pay all sums in excess of the Uninsured Underinsured Motorists Retained Limit the Insured is legally entitled to recover as compensatory damages from the owner or operator of a. An Uninsured Motor Vehicle as defined in Definition 4.a. 4.b. and 4.c. of this endorsement because of Bodily Injury sustained by the Insured or Property Damage and caused by an Occurrence and b. An Uninsured Motor Vehicle as defined in Definition of 4.d. of this endorsement because of Bodily Injury sustained by any Insured or Property Damage. 82610 1109 Page 10f 8 AH2820 Includes copyrighted material of the Insurance Services Office Inc. with its permission. Copyright Insurance Services Office Inc. 2000 | 2 |
We The owner s or operator s liability for these damages must result from the ownership maintenance or use of the Uninsured Motor Vehicle. will pay under this coverage only if a. b. or c. below applies The limits of any applicable liability bonds or policies of the Uninsured Motor Vehicle have been exhausted by judgments or payments Not applicable where the Uninsured Underinsured Motorist laws of Louisiana apply The submission of claims exceeds the limits of liability under any applicable Bodily Injury bonds or policies Applicable only where the Uninsured Underinsured Motorists laws of Louisiana apply or A tentative settlement has been made between an Insured and the insurer of the vehicle described in paragraph b. of the definition of Uninsured Motor Vehicle of this endorsement and we 1 Have been given prompt written notice of such settlement and 2 Advance payment to the Insured in an amount equal to the tentative settlement within 90 days 30 days where the Uninsured Underinsured Motorist laws of Florida apply 60 days where the Uninsured Underinsured Motorist laws of West Virginia apply as soon as practicable where the Uninsured Underinsured Motorist laws of Louisiana apply after receipt of notification. 3. Any judgment for damages arising out of a Suit brought without our written consent is not binding upon us Not applicable where the Uninsured Underinsured Motorist laws of Louisiana apply. DEFENSE Solely for the purpose of Uninsured Underinsured Motorist Coverage provided by this endorsement Section IIl. DEFENSE PROVISIONS is hereby deleted in its entirety and replaced by the following 1. We will have the right and duty to defend any Suit against the Insured that seeks damages for Bodily Injury or Property Damage covered by this policy even if the Suit is groundless false or fraudulent when the Uninsured Underinsured Motorists Retained Limit has been exhausted by payment of Loss to which this policy applies. 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. We will have no duty to defend the Insured against any Suit seeking damages for Bodily Injury or Property Damage to which this insurance does not apply. When we assume the defense of any Suit against the Insured that seeks damages covered by this policy we will a. b. Investigate negotiate and settle the Suit as we deem expedient and Pay the following supplementary payments 1 premiums on bonds to release attachments for amounts not exceeding our Limits of Insurance but we are not obligated to apply or furnish any such bond 2 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 3 all court costs taxed against the Insured in the Suit 4 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 a settlement offer we will not pay 82610 1109 Page 2 of 8 AH2820 Includes copyrighted material of the Insurance Services Office Inc. with its permission. Copyright Insurance Services Office Inc. 2000 | 2 |
any pre judgment interest accruing after we make such offer 5 postjudgment interest that accrues after entry of judgment on that part of the judgement 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 6 the Insured s expenses incurred at our request or with our consent. 4. Except as provided in Paragraph 1. 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. 5. We will not defend any Suit or pay any attorney fees or litigation expenses including without limitation the expenses described in Paragraph 3. 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. LIMITS OF INSURANCE Solely for the purpose of Uninsured Underinsured Motorist Coverage provided by this endorsement Section IV. LIMITS OF INSURANCE is amended to include the following additional provisions 1. Regardless of the number of covered Autos Insureds premiums paid claims made or vehicles involved in the Occurrence the most we will pay for all damages resulting from any one Occurrence are the Limits of Insurance shown in Item 3. of the Declarations as amended in this endorsement. 2. With respect to coverage provided under Paragraph 4.b. of the definition of Uninsured Motor Vehicle the Limit of Insurance shall be reduced by all sums paid for Bodily Injury or Property Damage by or on behalf of anyone who is legally responsible. 3. Uninsured Underinsured Motorists Retained Limit This policy applies only in excess of an Uninsured Underinsured Motorists Retained Limit and then up to an amount not exceeding the Uninsured Underinsured Motorists Each Occurrence Limit as stated in the Declarations as amended in this endorsement subject to the provisions stated in 1. and 2. above. The Uninsured Underinsured Motorists Retained Limit shall not be reduced or exhausted by Defense Expenses. Where the Uninsured Underinsured laws of the state of West Virginia apply this Uninsured Underinsured Motorists Retained Limit applies excess of the statutory minimum amount of Uninsured Motorists Coverage provided by an underlying insurer. EXCLUSIONS Solely for the purpose of Uninsured Underinsured Motorist Coverage provided by this endorsement Section V. EXCLUSIONS Exclusion O. is deleted in its entirety and replaced by the following 0. No Fault Laws This insurance does not apply to any obligation of the Insured under any No Fault law. Solely for the purpose of Uninsured Underinsured Motorist Coverage provided by this endorsement Section V. EXCLUSIONS is amended to include the following additional exclusions 1. This insurance does not apply to any claim settled without our consent. However this exclusion does not apply to a settlement made with the insurer of a vehicle which is an Uninsured Motor Vehicle. 82610 1109 Page 3 of 8 AH2820 Includes copyrighted material of the Insurance Services Office Inc. with its permission. Copyright Insurance Services Office Inc. 2000 | 2 |
2. This insurance does not apply to the direct or indirect benefit of any insurer or self insurer under any workers compensation disability benefits or similar law. 3. This insurance does not apply to any Insured using a vehicle without the expressed or implied permission of the owner or lessee. 4. This insurance does not apply to Bodily Injury or Property Damage sustained by a. An individual Named Insured while Occupying or when struck by any vehicle owned by that Named Insured that is not a covered Auto for Uninsured Motorists Coverage under this endorsement b. Any Family Member while Occupying or when struck by any vehicle owned by that Family Member that is not a covered Auto for Uninsured Motorists Coverage under this endorsement or c. Any Family Member while Occupying or when struck by any vehicle owned by the Named Insured that is insured for Uninsured Motorists Coverage under any other policy. 5. This insurance does not apply to punitive or exemplary damages. 6. This insurance does not apply to Property Damage to an Auto or to property contained in an Auto owned by the Named Insured which is not a covered Auto. 7. This insurance does not apply to Property Damage for which the Insured has been or is entitled to be compensated by other property or physical damage insurance. CONDITIONS Solely for the purpose of Uninsured Underinsured Motorist Coverage provided by this endorsement Condition L. Other Insurance under Section VI. CONDITIONS is deleted in its entirety and replaced by the following L. Other Insurance Any insurance we provide under this endorsement will be excess to the total limits of any Other Insurance paid or available for payment to an Insured except other applicable Uninsured Underinsured Motorist Coverage written to be excess of this policy. If there is other applicable Uninsured Underinsured Motorist Coverage under any other policy issued to the Named Insured by us the maximum recovery for damages may equal but not exceed the highest applicable limit of insurance under any one policy. If there is other applicable excess Uninsured Underinsured Motorist Coverage available under more than one policy then the following priorities of coverage apply 1. A policy covering as excess umbrella or similar insurance a motor vehicle Occupied by the injured person or a policy covering as excess umbrella or similar insurance a pedestrian as a Named Insured. 2. A policy covering as excess umbrella or similar insurance a motor vehicle Occupied by the injured person or a policy covering as excess umbrella or similar insurance a pedestrian as an Insured other than as a Named Insured. 3. A policy not covering a motor vehicle Occupied by the injured person but covering as excess umbrella or similar insurance the injured person as a Named Insured. 4. A policy not covering a motor vehicle Occupied by the injured person but covering as excess umbrella or similar insurance the injured person as an Insured other than as a Named Insured. We will pay only our share of the Loss that must be paid under insurance providing umbrella or excess coverage. Our share is the proportion that our limit of liability bears to the total of all applicable limits of all the policies applicable on the same level of priority. 82610 1109 Page 4 of 8 AH2820 Includes copyrighted material of the Insurance Services Office Inc. with its permission. Copyright Insurance Services Office Inc. 2000 | 2 |
Solely for the purpose of Uninsured Underinsured Motorist Coverage provided by this endorsement Condition G. Duties In the Event of an Occurrence Claim Or Suit under Section VI. CONDITIONS is amended to include the following additional provisions G. Specifically as respects to any Occurrence which may result in a Uninsured Underinsured Motorist claim for coverage under this policy a. You must promptly notify the police if a hit and run driver is involved and b. You must promptly send us copies of the legal papers if a Suit is brought. c. A person seeking Uninsured Underinsured Motorists Coverage must also promptly notify us in writing of a tentative settlement between the Insured and the insurer of the vehicle described in Paragraph 4.b. of the definition of Uninsured Motor Vehicle and allow us 90 days 30 days where the Uninsured Underinsured Motorist laws of Florida apply 60 days where the Uninsured Underinsured Motorist laws of West Virginia apply as soon as practicable where the Uninsured Underinsured Motorist laws of Louisiana apply to advance payment to that Insured in an amount equal to the tentative settlement to preserve our rights against the insurer owner or operator of such vehicle described in Paragraph 4.b. of the definition of Uninsured Motor Vehicle. Solely for the purpose of Uninsured Underinsured Motorist Coverage provided by this endorsement Condition P. Transfer of Your Rights and Duties under Section VI. CONDITIONS is amended to include the following additional provisions P. If we make any payment and the Insured recovers from another party the Insured shall hold the proceeds in trust for us and pay us back the amount we have paid. However where the Uninsured Underinsured laws of the state of Louisiana apply if we make any payment under this policy and the person to or for whom payment is made has a right to recover damages from another we shall be subrogated to that right. However our right to recover is subordinate to the right of the Insured to be fully compensated. Our rights do not apply under this provision with respect to Uninsured Underinsured Motorists Coverage if we a. Have been given prompt written notice of a tentative setlement between an Insured and the insurer of a vehicle described in Paragraph 4.b. of the definition of Uninsured Motor Vehicle and b. Fail to advance payment to the Insured in an amount equal to the tentative settlement within 90 days 30 days where the Uninsured Underinsured Motorist laws of Florida apply 60 days where the Uninsured Underinsured Motorist laws of West Virginia apply as soon as practicable where the Uninsured Underinsured Motorist laws of Louisiana apply after receipt of notification. If we advance payment to the Insured in an amount equal to the tentative settlement within 90 days 30 days where the Uninsured Underinsured Motorist laws of Florida apply 60 days where the Uninsured Underinsured Motorist laws of West Virginia apply as soon as practicable where the Uninsured Underinsured Motorist laws of Louisiana apply after receipt of notification a. That payment will be separate from any amount the Insured is entitled to recover under the provisions of Uninsured Underinsured Motorists Coverage and b. We also have a right to recover the advanced payment. For the purpose of Uninsured Underinsured Motorist Coverage provided by this endorsement Section VI. CONDITIONS is amended to include the following additional conditions Arbitration Not applicable where the Uninsured Underinsured laws of West Virginia or Louisiana apply 1. If we and an Insured disagree whether the Insured is legally entitled to recover damages from the 82610 1109 Page 5 of 8 AH2820 Includes copyrighted material of the Insurance Services Office Inc. with its permission. Copyright Insurance Services Office Inc. 2000 | 2 |
owner or driver of an Uninsured Motor Vehicle or do not agree as to the amount of damages that are recoverable by that Insured then the matter may be arbitrated. However disputes concerning coverage under this endorsement may not be arbitrated. Both parties must agree to the arbitration. If so agreed each party will select an arbitrator. The two arbitrators will select a third. If they can not agree within 30 days either may request that selection be made by a judge of a court having jurisdiction. Each party will pay the expenses it incurs and bear the expenses of the third arbitrator equally. Unless both parties agree otherwise arbitration will take place in the county in which the Insured lives. Local rules of law as to arbitration procedures and evidence will apply. A decision agreed to by two of the arbitrators will be binding. Conformance to Uninsured Motorist andor Underinsured Motorist Law To the extent any term of this policy conflicts with any applicable Uninsured Underinsured law the term shall be deemed amended so as to conform to minimum requirements of that law. However under no such circumstance shall any term be amended to be broader than the minimum requirements of that law. DEFINITIONS Solely for the purpose of Uninsured Underinsured Motorist Coverage provided by this endorsement Definition M. Insured under Section VII. DEFINITIONS is deleted in its entirety and replaced by the following M. Insured means If the Named Insured is designated in the Declarations as a. An individual then only the following are Insureds 1 The Named Insured and any Family Members. 2 Anyone else occupying a covered Auto or a temporary substitute for a covered Auto. The covered Auto must be out of service because of its breakdown repair servicing Loss or destruction. 3 Anyone for damages he or she is entitled to recover because of Bodily Injury sustained by another Insured. A partnership limited liability company corporation or any other form of organization then the following are Insureds 1 Anyone occupying a covered Auto or a temporary substitute for a covered Auto. The covered Auto must be out of service because of its breakdown repair servicing Loss or destruction 2 Anyone for damages he or she is entitled to recover because of Bodily Injury sustained by another Insured. For the purpose of Uninsured Underinsured Motorist Coverage provided by this endorsement Definition Y. Property Damage under Section VII. DEFINITIONS is deleted in its entirety and replaced by the following Y. Property Damage means Physical Injury or destruction of a. b. A covered Auto or Property contained in the covered Auto. Solely for the purpose of Uninsured Underinsured Motorist Coverage provided by this endorsement Section VII. DEFINITIONS is amended to include the following additional definitions 1. Defense Expenses means a payment allocated to a specific Loss claim or Suit for its investigation settlement or defense including but not limited to 82610 1109 Page 6 of 8 AH2820 Includes copyrighted material of the Insurance Services Office Inc. with its permission. Copyright Insurance Services Office Inc. 2000 | 2 |
e. f. Attorneys fees and all other investigation Loss adjustment and litigation expenses Premiums on bonds to release attachments Premiums on appeal bonds required by law to appeal any claim or Suit Costs taxed against the Insured in any claim or Suit Pre judgment interest awarded against the Insured and Interest that accrues after entry of judgment. Family Member means a person related to an individual Named Insured by blood marriage Including civil union where the Uninsured Underinsured Motorists Laws of New Hampshire and Vermont apply or adoption who is a resident of such Named Insured s household including a ward or foster child. Occupying andor Occupied means in upon getting in on out or off. Uninsured Motor Vehicle means a land motor vehicle or trailer a. For which no liability bond or policy at the time of an Occurrence provides at least the amounts required by the applicable law where a covered Auto is principally garaged Which is an Underinsured Motor Vehicle. An Underinsured Motor Vehicle means a land motor vehicle or trailer for which the sum of all liability bonds or policies applicable at the time of an Occurrence provides at least the amounts required by the applicable law where a covered Auto is principally garaged but their limits are less than the Limit of Insurance of this coverage Not Applicable where the Uninsured Underinsured laws of West Virginia apply For which an insuring or bonding company denies coverage or is or becomes insolvent or That is a hit and run vehicle and neither the operator nor owner can be identified. The vehicle must either 1 Hitan Insured a covered Auto or a vehicle an Insured is Occupying or 2 Cause Bodily Injury to an Insured without hitting an Insured a covered Auto or a vehicle an Insured is Occupying. The facts of the Occurrence or intentional act must be proved by independent corroborative evidence other than the testimony of the Insured making a claim under this or similar coverage unless such testimony is supported by additional evidence Not applicable where the Uninsured Underinsured Motorists Laws of Vermont apply. The facts of the Occurrence or intentional act must be supported by sworn statements from the Insured reporting to the police and proof of claim by the preponderance of the evidence Applicable only where the Uninsured Underinsured Motorist laws of Vermont apply. However Uninsured Motor Vehicle does not include any vehicle a. Owned or operated by a self insurer under any applicable motor vehicle law except a self insurer who is or becomes insolvent and can not provide the amounts required by that motor vehicle law. However where the Uninsured Underinsured laws of the state of Florida apply Uninsured Motor Vehicle includes any vehicle owned or operated by a self insurer under any applicable motor vehicle law Designed for use mainly off public roads while not on public roads Owned by or furnished or available for the Named Insured s regular use or that of any Family Member if the Named Insured is an individual or Owned by any governmental unit or agency unless the owner or operator of the Uninsured Motor 82610 1109 Page 7 of 8 AH2820 Includes copyrighted material of the Insurance Services Office Inc. with its permission. Copyright Insurance Services Office Inc. 2000 | 2 |
Vehicle has 1 An immunity under applicable tort liability law or 2 A diplomatic immunity. Underinsured Motor Vehicle means a land motor vehicle or trailer to which a liability bond or policy applies at the time of the Occurrence but the amount paid for Bodily Injury or Property Damage to an Insured under that bond or policy is not enough to pay the full amount the Insured is legally entitied to recover as damages. However Underinsured Motor Vehicle does not include any vehicle or trailer a. Owned or operated by a self insurer under any applicable motor vehicle law b. Owned by a governmental unit or agency or c. Designed for use mainly off public roads while not on public roads. of West Uninsured Underinsured Motorists Retained Limit as specified in the Declarations above means either a. the Auto liability limit as provided by a policy listed in Scheduled Underlying Insurance or b. the Auto liability Retained Limit as listed in the Schedule of Retained Limits. All other terms definitions conditions and exclusions of this policy remain unchanged. L Christopher G. Kopser Authorized Representative or Countersignature Where Applicable 82610 1109 Page 8 of 8 AH2820 Includes copyrighted material of the Insurance Services Office Inc. with its permission. Copyright Insurance Services Office Inc. 2000 | 2 |
ENDORSEMENT No. 21 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 Violation of Economic or Trade Sanctions Condition Amendment Endorsement This policy is amended as follows Section VI. CONDITIONS Paragraph R. Violation of Economic or Trade Sanctions is deleted in its entirety. All other terms definitions conditions and exclusions of this policy remain unchanged. L Christopher G. Kopser Authorized Representative or Countersignature Where Applicable 99497 608 AH2423 | 2 |
cCHUBBE Chubb Group of Insurance Companies Commercial Umbrella Liability 202B Hall s Mill Road Whitehouse Station NJ 08889 Coverzige Form Declarations Policy Symbol UMB Previous Policy Symbol UMB IPolicy Number UMBNJD944252073N Previous Policy Number New COVERAGE IS PROVIDED IN THE COMPANY SHOWN BELOW ACE Property and Casualty Insurance Company Named Insured and Address Producer Name and Address CETERIS HOLDCO LLC 401 Minnetonka Rd LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 IHi Nella NJ 08083 2914 IKANSAS CITY MO 64112 1905 PRODUCER CODE 0037949 99999 Policy Period 11 01 2018 to 11 01 2019 1201 A.M Standard Time at the Address of the Named Insured as stated herein Limits of Insurance 5000000 Each Occurrence 5000000 General Aggregate Included Products Completed Operations Aggregate 0 Self Insured Retention Policy Period Premium 2979 Premium 142 Terrorism Premium included in AnnualPremium 17.87 State Surcharge 2096.87 Premium including all Surcharges and Assessments LC 914.C LD UL i aiie 5000000 Each Occurrence 5000000 General Aggregate ge W i Aiiuiisdil i i b aliidal o reaaaaat XS45423b 1117 Page1of5 | 2 |
cCHUBBE T d o Commercial Umbrella Liability Coverage Form Declarations Schedule of Underlying Insurance Underlying Policy Type Commercial General Liability Limits of Insurance Limit Amount Company General Aggregate 2000000 Products Completed 2000000 Operations Aggregate Policy Number Personal and Advertising 1000000 Injury Policy Period 11 02 2018 to 11 02 2019 Each Occurrence 1000000 Underlying Policy Type Employers Liability Limits of Insurance Limit Amount ICompany Bodily Injury by Accident Chubb Each Accident 1000000 Policy Number Bodily Injury By Disease Each Policy 1000000 Policy Period 11 02 2018 to 11 02 2019 Each Employee 1000000 In any jurisdiction state or province where the amount of Employers Liability Insurance provided by the Underlying Insurers is by law Unlimited the underlying Employers Liability limits shown in the above schedule do not apply and no coverage shall be provided for Employers Liability under this policy. lOther Underlying Policy Type Employee Benefits Liability Limits of Insurance Limit Amount Each Common ICompany Cause Occurrence 1000000 2000000 General Aggregate Policy Period 11 02 2018 to 11 02 2019 nsurance ggregate ompleted Aggregate Advertising ry Limit Amount 2000000 2000000 1000000 Limit Amount 2000000 2000000 mpany Ger Prod Oper licy Number Person derlying Policy Type Employers Liability Limits of Insurance Limit Amount mpany Bodily Injury by Accident ubb Each Accident 1000000 Bodily Injury By Disease slicy Number Each Policy 1000000 licy Period 11 02 2018 to 11 02 2019 Each Employee 1000000 mpany Box ubb slicy Number Bod licy Period 11 02 2018 to 11 02 2019 her Underlying Policy Type Employee Benefits Liability Limits of Insurance Limit Amount Each Common 1000000 mpany Cause Occurrence 1 2000000 General Aggregate licy Period 11 02 2018 to 11 02 2019 Limit Amount 1000000 2000000 General Aggregate XS45423b 1117 Page20f5 | 2 |
cCHUBBE T d o Commercial Umbrella Liability Coverage Form Declarations lOther Underlying Policy Type Hired Non Owned Auto Liability Limits of Insurance Limit Amount Each Common ICompany Cause Occurrence General Aggregate Policy Period 11 02 2018 to 11 02 2019 Limits of Insurance Limit Amount Each Common mpany Cause Occurrence General Aggregate licy Period 11 02 2018 to 11 02 2019 XS45423b 1117 Page 3of 5 | 2 |
cCHUBBE i J 20 Commercial Umbrella Liability Coverage Form Declarations Endorsements and Forms Endorsement Form Number Title Number Edition Date XS45423b 1117 COMMERCIAL UMBRELLA DECLARATION CUooo1 0413 COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM CCikith 0314 SIGNATURE ALL20887 1006 ACE PRODUCER COMPENSATION PRACTICES AND POLICIES ALL21101 1106 TRADE AND ECONOMIC SANCTIONS ALL42490 0314 U.S. FOREIGN ACCOUNT TAX COMPLIANCE ACT FATCA CUo403 1207 EMPLOYEE BENEFITS LIABILITY COVERAGE CU2115 0413 EXCLUSION FINANCIAL SERVICES CU2123 0202 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT CU2131 0608 EXCLUSION OF OTHER ACTS OF TERRORISM COMMITTED OUTSIDE THE UNITED STATES CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM CU2136 0108 EXCLUSION OF PUNITIVE DAMAGES RELATED TO A CERTIFIED ACT OF TERRORISM CU2138 1102 REMOVAL OF TERRORISM EXCLUSION CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM CU2155 0608 AMENDED TERRORISM COVERAGE COVERED AUTOS CU2187 0514 EXCLUSION ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY LIMITED BODILY INJURY EXCEPTION NOT INCLUDED CUPo12 0413 2012 COMMERCIAL LIABILITY UMBRELLA MULTISTATE FORMS REVISION ADVISORY NOTICE TO POLICYHOLDERS ILPoO1 0104 U.S. TREASURY DEPARTMENT S OFFICE OF FOREIGN XS28500a 0813 ACE GROUP SPECIALTY CLAIMS LOSS NOTIFICATION FORM XS45405 0315 COMMERCIAL UMBRELLA COVERAGE LIMITATION ENDORSEMENT NO BROADER THAN SCHEDULED UNDERLYING INSURANCE XS45415 0315 LEAD EXCLUSION XS45426 0715 ASBESTOS EXCLUSIONS XS45430 0315 FOREIGN LIABILITY EXCLUSION CU2130 o115 CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM CU2150 0305 SILICA OR SILICA RELATED DUST EXCLUSION TRIA11c o115 DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT ILoo17 1198 COMMON POLICY CONDITIONS CU2136 CU2138 CU2155 CU2187 nan nan nan nan 108.0 nan nan nan 1102.0 nan nan nan 608.0 nan 514.0 CUPo12 ILPoO1 XS28500a X845405 XS45415 XS45426 XS845430 CU2130 CU2150 TRIA11c ILoo17 0413 0104 0813 0315 0315 0715 0315 o115 0305 o115 1198 XS45423b 1117 Page 4 of 5 | 2 |
cCHUBBE i J IL0985 ILo141 1Lo208 3 Commercial Umbrella Liability Coverage Form Declarations DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT NEW JERSEY CHANGES CIVIL UNION NEW JERSEY CHANGES CANCELLATION AND NONRENEWAL o115 0908 0907 XS45423b 1117 Page5o0f5 | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 00010413 COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. 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 Il Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay on behalf of the insured the ultimate net loss in excess of the retained limit because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking damages for such bodily injury or property damage when the underlying insurance does not provide coverage or the limits of underlying insurance have been exhausted. When we have no duty to defend we will have the right to defend or to participate in the defense of the insured against any other suit seeking damages to which this insurance may apply. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. At our discretion we may investigate any occurrence that may involve this insurance and settle any resultant claim or suit for which we have the duty to defend. But 1 The amount we will pay for the ultimate net loss is limited as described in Section Il Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B.. This insurance applies to bodily injury or property damage that is subject to an applicable retained limit. If any other limit such as a sublimit is specified in the underlying insurance this insurance does not apply to bodily injury or property damage arising out of that exposure unless that limit is specified in the Declarations under the Schedule of underlying insurance.. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory 2 The bodily injury or property damage occurs during the policy period and 3 Prior to the policy period no insured listed under Paragraph 1.a. of Section Il Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period.. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph 1.a. of Section I Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. CU 00010413 Insurance Services Office Inc. 2012 Page 1 0f 18 | 0 |
b Such attorneys fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 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. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in a The supervision hiring employment training or monitoring of others by that insured or b Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol if the occurrence which caused the bodily injury or property damage involved that which is described in Paragraph 1 2 or 3 above. However this exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. For the purposes of this exclusion permitting a person to bring alcoholic beverages on your premises for consumption on your premises whether or not a fee is charged or a license is required for such activity is not by itself considered the business of selling serving or furnishing alcoholic beverages. This exclusion does not apply to the extent that valid underlying insurance for the liquor liability risks described above exists or would have existed but for the exhaustion of underlying limits for bodily injury and property damage. To the extent this exclusion does not apply the insurance provided under this Coverage Part for the liquor liability risks described above will follow the same provisions exclusions and limitations that are contained in the applicable underlying insurance unless otherwise directed by this insurance. e. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1.a. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. f. 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.. Exclusions This insurance does not apply to a. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. b. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorneys fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and Page 2 of 18 Insurance Services Office Inc. 2012 CU 00010413 | 1 |
d. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. e. ERISA Any obligation of the insured under the Employee Retirement Income Security Act of 1974 ERISA and any amendments thereto or any similar federal state or local statute.. Auto Coverages 1 Bodily injury or property damage arising out of the ownership maintenance or use of any auto which is not a covered auto or 2 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 or uninsured or underinsured motorist law. g. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. With respect to injury arising out of a covered auto this exclusion does not apply to bodily injury to domestic employees not entitled to workers compensation benefits. For the purposes of this insurance a domestic employee is a person engaged in household or domestic work performed principally in connection with a residence premises. This exclusion does not apply to the extent that valid underlying insurance for the employer s liability risks described above exists or would have existed but for the exhaustion of underlying limits for bodily injury. To the extent this exclusion does not apply the insurance provided under this Coverage Part for the employer s liability risks described above will follow the same provisions exclusions and limitations that are contained in the applicable underlying insurance unless otherwise directed by this insurance. Employment related Practices Bodily injury to 1 A person 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 discrimination or malicious prosecution directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whom any of the employment related practices described in Paragraph a b or c above is directed. This exclusion applies whether the injury causing event described in Paragraph a b or c above occurs before employment during employment or after employment of that person. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury.. Pollution 1 Bodily injury or property damage which would not have occurred in whole or part but for the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time or 2 Pollution cost or expense. CU 00010413 Insurance Services Office Inc. 2012 Page 3 of 18 | 1 |
This exclusion does not apply if valid underlying insurance for the pollution liability risks described above exists or would have existed but for the exhaustion of underlying limits for bodily injury and property damage. To the extent this exclusion does not apply the insurance provided under this Coverage Part for the pollution risks described above will follow the same provisions exclusions and limitations that are contained in the applicable underlying insurance unless otherwise directed by this insurance. j. Aircraft Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than 50 feet long and b Not being used to carry persons or property for a charge 3 Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft The extent that valid underlying insurance for the aircraft or watercraft liability risks described above exists or would have existed but for the exhaustion of underlying limits for bodily injury or property damage. To the extent this exclusion does not apply the insurance provided under this Coverage Part for the aircraft or watercraft risks described above will follow the same provisions exclusions and limitations that are contained in the underlying insurance unless otherwise directed by this insurance or 4 5 Aircraft that is a Chartered by loaned to or hired by you with a paid crew and b Not owned by any insured.. Racing Acti S Bodily injury or property damage arising out of the use of mobile equipment or autos in or while in practice for or while being prepared for any prearranged professional or organized racing speed demolition or stunting activity or contest.. War Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these.. Damage To Property Property damage to 1 Property a You own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property or b Owned or transported by the insured and arising out of the ownership maintenance or use of a covered auto. 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises Property loaned to you 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 3 3 4 Page 4 of 18 Insurance Services Office Inc. 2012 CU 00010413 | 1 |
6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 1b 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraphs 3 and 4 of this exclusion do not apply to liability assumed under a written Trailer Interchange agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard.. Damage To Your Product Property damage to your product arising out of it or any part of it.. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor.. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use.. 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. r. Personal And Advertising Injury Bodily injury arising out of personal and advertising injury. s. Professional Services Bodily injury or property damage due to rendering of or failure to render any professional service. This includes but is not limited to 1 Legal accounting or advertising services 2 Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings or specifications Inspection supervision quality control architectural or engineering activities done by or for you on a project on which you serve as construction manager Engineering services including related supervisory or inspection services Medical surgical dental X ray or nursing services treatment advice or instruction Any health or therapeutic service treatment advice or instruction Any service treatment advice or instruction for the purpose of appearance or skin enhancement hair removal or replacement or personal grooming or therapy Any service treatment advice or instruction relating to physical fitness including service treatment advice or instruction in connection with diet cardiovascular fitness bodybuilding or physical training programs Optometry or optical or hearing aid services including the prescribing preparation fitting demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices 10 Body piercing services 11 Services in the practice of pharmacy 12 Law enforcement or firefighting services and 13 Handling embalming disposal burial cremation or disinterment of dead bodies. 4 G 6 CU 00010413 Insurance Services Office Inc. 2012 Page 5 0of 18 | 1 |
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 rendering of or failure to render any professional service.. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. However this exclusion does not apply to liability for damages because of bodily injury. 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. This exclusion does not apply if valid underlying insurance for the electronic data risks described above exists or would have existed but for the exhaustion of underlying limits for bodily injury and property damage. The insurance provided under this Coverage Part will follow the same provisions exclusions and limitations that are contained in the applicable underlying insurance unless otherwise directed by this insurance.. Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law The CAN SPAM Act of 2003 including any amendment of or addition to such law The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. 4 COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay on behalf of the insured the ultimate net loss in excess of the retained limit because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking damages for such personal and advertising injury when the underlying insurance does not provide coverage or the limits of underlying insurance have been exhausted. When we have no duty to defend we will have the right to defend or to participate in the defense of the insured against any other suit seeking damages to which this insurance may apply. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. At our discretion we may investigate any offense that may involve this insurance and settle any resultant claim or suit for which we have the duty to defend. But 1 The amount we will pay for the ultimate net loss is limited as described in Section Il Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to personal and advertising injury that is subject to an applicable retained limit. If any other limit such as a sublimit is specified in the underlying insurance this insurance does not apply to personal and advertising injury arising out of that exposure unless that limit is specified in the Declarations under the Schedule of underlying insurance. c. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. Page 6 of 18 Insurance Services Office Inc. 2012 CU 00010413 | 1 |
9 Infringement Of Copyright Patent Trademark Or Trade Secret Avrising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. Under this exclusion such other intellectual property rights do not include the use of another s advertising idea in your advertisement. However this exclusion does not apply to infringement in your advertisement of copyright trade dress or slogan. 10 Insureds In Media And Internet Type Businesses Committed by an insured whose business is a Advertising broadcasting publishing or telecasting b Designing or determining content of web sites for others or c An Internet search access content or service provider. However this exclusion does not apply to Paragraphs 14.a. b. and c. of personal and advertising injury under the Definitions section. 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. 11 Electronic Chatrooms Or Bulletin Boards Arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control. 12 Unauthorized Use Of Another s Name Or Product 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. 13 Pollution Arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. 2. Exclusions This insurance does not apply to a. Personal and advertising injury 2 3 4 5 6 Y Knowing Violation Of Rights Of Another Caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. Material Published With Knowledge Of Falsity Arising out of oral or written publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity. Material Published Prior To Policy Period Arising out of oral or written publication in any manner of material whose first publication took place before the beginning of the policy period. Criminal Acts Avrising out of a criminal act committed by or at the direction of the insured. Contractual Liability For which the insured has assumed liability in a contract or agreement. This exclusion does not apply to a Liability for damages that the insured would have in the absence of the contract or agreement. b Liability for false arrest detention or imprisonment assumed in a contract or agreement. Breach Of Contract Arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement. Quality Or Performance Of Goods Failure To Conform To Statements Arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement. Wrong Description Of Prices Arising out of the wrong description of the price of goods products or services stated in your advertisement. CU 00010413 Insurance Services Office Inc. 2012 Page 7 of 18 | 1 |
14 15 Employment related Practices To a A person arising out of any i Refusal to employ that person i Terminaton of that person s employment or iii Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at that person or b The spouse child parent brother or sister of that person as a consequence of personal and advertising injury to that person at whom any of the employment related practices described in Paragraph i i or iiij above is directed. This exclusion applies whether the injury causing event described in Paragraph i i or above occurs before employment during employment or after employment of that person. 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. Professional Services Arising out of the rendering of or failure to render any professional service. This includes but is not limited to a Legal accounting or advertising services b Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings or specifications Inspection supervision quality control architectural or engineering activities done by or for you on a project on which you serve as construction manager Engineering services including related supervisory or inspection services e Medical surgical dental X ray or nursing services treatment advice or instruction c f Any health or therapeutic service treatment advice or instruction g Any service treatment advice or instruction for the purpose of appearance or skin enhancement hair removal or replacement or personal grooming or therapy h Any service treatment advice or instruction relating to physical fitness including service treatment advice or instruction in connection with diet cardiovascular fitness bodybuilding or physical training programs i Optometry or optical or hearing aid services including the prescribing preparation fitting demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices i Body piercing services k Services in the practice of pharmacy I Law enforcement or firefighting services and m Handling embalming disposal burial cremation or disinterment of dead bodies. 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 offense which caused the personal and advertising injury involved the rendering of or failure to render any professional service. 16 War However caused arising directly or indirectly out of a War including undeclared or civil war b Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or c Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Page 8 of 18 Insurance Services Office Inc. 2012 CU 00010413 | 1 |
17 Recording And Distribution Of Material Or Information In Violation Of Law Arising directly or indirectly out of any action or omission that violates or is alleged to violate a The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law b The CAN SPAM Act of 2003 including any amendment of or addition to such law c The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. b. Pollution cost or expense. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend when the duty to defend exists a. All expenses we incur. b. Up to 2000 for cost of bail bonds including bonds for related traffic law violations required because of an occurrence we cover. We do not have to furnish these bonds. c. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 250 a day because of time off from work. e. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance.. When we have the right but not the duty to defend the insured and elect to participate in the defense we will pay our own expenses but will not contribute to the expenses of the insured or the underlying insurer.. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract b. This insurance applies to such liability assumed by the insured c. The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract d. The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and f. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit Notify any other insurer whose coverage is available to the indemnitee and b c CU 00010413 Insurance Services Office Inc. 2012 Page 9 of 18 | 1 |
d Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of Section Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHO IS AN INSURED 1. Except for liability arising out of the ownership maintenance or use of covered autos a. If you are designated in the Declarations as 1 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. 2 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. 4 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. 5 A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. b. Each of the following is also an insured 1 Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for a Bodily injury or personal and advertising injury i To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a co employee in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business i To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph ai above or iii 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 ai or above. b Property damage to property i Owned occupied or used by i Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. 2 Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. Page 10 of 18 Insurance Services Office Inc. 2012 CU 00010413 | 1 |
3 Any person or organization having proper temporary custody of your property if you die but only a With respect to liability arising out of the maintenance or use of that property and b Until your legal representative has been appointed. 4 Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. c. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However 1 Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. 2 3 2. Only with respect to liability arising out of the ownership maintenance or use of covered autos a. You are an insured. b. Anyone else while using with your permission a covered auto you own hire or borrow is also an insured except 1 The owner or anyone else from whom you hire or borrow a covered auto. This exception does not apply if the covered auto is a trailer or semitrailer connected to a covered auto you own. Your employee if the covered auto is owned by that employee or a member of his or her household. Someone using a covered auto while he or she is working in a business of selling servicing repairing parking or storing autos unless that business is yours. 2 3 4 Anyone other than your employees partners if you are a partnership members if you are a limited liability company or a lessee or borrower or any of their employees while moving property to or from a covered auto. A partner if you are a partnership or a member if you are a limited liability company for a covered auto owned by him or her or a member of his or her household. Employees with respect to bodily injury to a Any fellow employee of the insured arising out of and in the course of the fellow employee s employment or while performing duties related to the conduct of your business or b The spouse child parent brother or sister of that fellow employee as a consequence of Paragraph a above. c. Anyone liable for the conduct of an insured described above is also an insured but only to the extent of that liability. 3. Any additional insured under any policy of underlying insurance will automatically be an insured under this insurance. Subject to Section Il Limits Of Insurance if coverage provided to the additional insured is required by a contract or agreement the most we will pay on behalf of the additional insured is the amount of insurance a. Required by the contract or agreement less any amounts payable by any underlying insurance or b. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. Additional insured coverage provided by this insurance will not be broader than coverage provided by the underlying insurance. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. 5 6 CU 00010413 Insurance Services Office Inc. 2012 Page 11 of 18 | 1 |
SECTION Ill LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made suits brought or number of vehicles involved or c. Persons or organizations making claims or bringing suits.. The Aggregate Limit is the most we will pay for the sum of all ultimate net loss under a. Coverage A except ultimate net loss because of bodily injury or property damage arising out of the ownership maintenance or use of a covered auto and b. Coverage B.. Subject to Paragraph 2. above the Each Occurrence Limit is the most we will pay for the sum of all ultimate net loss under Coverage A because of all bodily injury and property damage arising out of any one occurrence.. Subject to Paragraph 2. above the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all ultimate net loss because of all personal and advertising injury sustained by any one person or organization.. If there is underlying insurance with a policy period that is nonconcurrent with the policy period of this Commercial Liability Umbrella Coverage Part the retained limits will only be reduced or exhausted by payments for a. Bodily injury or property damage which occurs during the policy period of this Coverage Part or b. Personal and advertising injury for offenses that are committed during the policy period of this Coverage Part. However if any underlying insurance is written on a claims made basis the retained limits will only be reduced or exhausted by claims for that insurance that are made during the policy period or any Extended Reporting Period of this Coverage Part. The Aggregate Limit as described in Paragraph 2. 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. SECTION IV CONDITIONS 1. Appeals If the underlying insurer or insured elects not to appeal a judgment in excess of the retained limit we may do so at our own expense. We will also pay for taxable court costs pre and postjudgment interest and disbursements associated with such appeal. In no event will this provision increase our liability beyond the applicable Limits of Insurance described in Section Il Limits Of Insurance. 2. Bankruptcy a. Bankruptcy Of Insured Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. b. Bankruptcy Of Underlying Insurer Bankruptcy or insolvency of the underlying insurer will not relieve us of our obligations under this Coverage Part. However this insurance will not replace the underlying insurance in the event of bankruptcy or insolvency of the underlying insurer. This insurance will apply as if the underlying insurance were in full effect. 3. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense regardless of the amount which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit Page 12 of 18 Insurance Services Office Inc. 2012 CU 00010413 | 1 |
2 Authorize us to obtain records and other information Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. 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. 4. Legal Action Against Us No person or organization has a right under this Coverage Part a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this Coverage Part 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 the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. 5. Other Insurance a. This insurance is excess over and shall not contribute with any of the other insurance whether primary excess contingent or on any other basis. This condition will not apply to insurance specifically written as excess over this Coverage Part. When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitied to the insured s rights against all those other insurers. b. When this insurance is excess over other insurance we will pay only our share of the ultimate net loss that exceeds the sum of 1 The total amount that all such other insurance would pay for the loss in the absence of the insurance provided under this Coverage Part and 3 2 The total of all deductible and self insured amounts under all that other insurance. 6. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part 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 and retrospective 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. c. 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. 7. Representations Or Fraud By accepting this policy you agree a. The statements in the Declarations are accurate and complete b. Those statements are based upon representations you made to us c. We have issued this policy in reliance upon your representations and d. This policy is void in any case of fraud by you as it relates to this policy or any claim under this policy. 8. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. 9. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part 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. CU 00010413 Insurance Services Office Inc. 2012 Page 13 of 18 | 1 |
14.Expanded Coverage Territory a. If a suit is brought in a part of the coverage territory that is outside the United States of America including its territories and possessions Puerto Rico or Canada and we are prevented by law or otherwise from defending the insured the insured will initiate a defense of the suit. We will reimburse the insured under Supplementary Payments for any reasonable and necessary expenses incurred for the defense of a suit seeking damages to which this insurance applies that we would have paid had we been able to exercise our right and duty to defend. If the insured becomes legally obligated to pay sums because of damages to which this insurance applies in a part of the coverage territory that is outside the United States of America including its territories and possessions Puerto Rico or Canada and we are prevented by law or otherwise from paying such sums on the insured s behalf we will reimburse the insured for such sums.. All payments or reimbursements we make for damages because of judgments or settlements will be made in U.S. currency at the prevailing exchange rate at the time the insured became legally obligated to pay such sums. All payments or reimbursements we make for expenses under Supplementary Payments will be made in U.S. currency at the prevailing exchange rate at the time the expenses were incurred.. Any disputes between you and us as to whether there is coverage under this policy must be filed in the courts of the United States of America including its territories and possessions Canada or Puerto Rico.. The insured must fully maintain any coverage required by law regulation or other governmental authority during the policy period except for reduction of the aggregate limits due to payments of claims judgments or settlements. Failure to maintain such coverage required by law regulation or other governmental authority will not invalidate this insurance. However this insurance will apply as if the required coverage by law regulation or other governmental authority was in full effect. 10.When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice..Loss Payable Liability under this Coverage Part does not apply to a given claim unless and until a. The insured or insured s underlying insurer has become obligated to pay the retained limit and b. The obligation of the insured to pay the ultimate net loss in excess of the retained limit has been determined by a final settlement or judgment or written agreement among the insured claimant and us. 12.Transfer Of Defense When the underlying limits of insurance have been used up in the payment of judgments or settlements the duty to defend will be transferred to us. We will cooperate in the transfer of control to us of any outstanding claims or suits seeking damages to which this insurance applies which would have been covered by the underlying insurance had the applicable limit not been used up. 13.Maintenance Of Changes To Underlying Insurance Any underlying insurance must be maintained in full effect without reduction of coverage or limits except for the reduction of the aggregate limit in accordance with the provisions of such underlying insurance that results from payment of claims settlement or judgments to which this insurance applies. Such exhaustion or reduction is not a failure to maintain underlying insurance. Failure to maintain underlying insurance will not invalidate insurance provided under this Coverage Part but insurance provided under this Coverage Part will apply as if the underlying insurance were in full effect. If there is an increase in the scope of coverage of any underlying insurance during the term of this policy our liability will be no more than it would have been if there had been no such increase. 1 You must notify us in writing as soon as practicable if any underlying insurance is cancelled not renewed replaced or otherwise terminated or if the limits or scope of coverage of any underlying insurance is changed. Page 14 of 18 Insurance Services Office Inc. 2012 CU 00010413 | 1 |
SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. Auto means a. A land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However auto does not include mobile equipment. 3. Bodily injury means bodily injury disability sickness or disease sustained by a person including death resulting from any of these at any time. Bodily injury includes mental anguish or other mental injury resulting from bodily injury. 4. Coverage territory means anywhere in the world with the exception of any country or jurisdiction which is subject to trade or other economic sanction or embargo by the United States of America. 5. Covered auto means only those autos to which underlying insurance applies. 6. Employee includes a leased worker. Employee does not include a temporary worker. 7. Executive officer means a person holding any of the officer positions created by your charter constitution bylaws or any other similar governing document. 8. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by the repair replacement adjustment or removal of your product or your work or your fulfilling the terms of the contract or agreement.. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement c. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement f. That part of any contract or agreement entered into as part of your business pertaining to the rental or lease by you or any of your employees of any auto. However such contract or agreement shall not be considered an insured contract to the extent that it obligates you or any of your employees to pay for property damage to any auto rented or leased by you or any of your employees. g. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume 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. Paragraphs f. and g. do not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing That pertains to the loan lease or rental of an auto to you or any of your employees if the auto is loaned leased or rented with a driver or CU 00010413 Insurance Services Office Inc. 2012 Page 15 of 18 | 1 |
10. 1 12. 3 That holds a person or organization engaged in the business of transporting property by auto for hire harmless for your use of a covered auto over a route or territory that person or organization is authorized to serve by public authority. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker..Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. While it is in or on an aircraft watercraft or auto or c. While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in Paragraph a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers f. Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. 13.Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. 14.Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecution c. 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 d. Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services e. Oral or written publication in any manner of material that violates a person s right of privacy f. The use of another s advertising idea in your advertisement or g. Infringing upon another s copyright trade dress or slogan in your advertisement. Page 16 of 18 Insurance Services Office Inc. 2012 CU 00010413 | 1 |
2 The existence of tools uninstalled equipment or abandoned or unused materials. 18.Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. With respect to the ownership maintenance or use of covered autos property damage also includes pollution cost or expense but only to the extent that coverage exists under the underlying insurance or would have existed but for the exhaustion of the underlying limits. For the purposes of this insurance with respect to other than the ownership maintenance or use of covered autos 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. 19.Retained limit means the available limits of underlying insurance scheduled in the Declarations or the self insured retention whichever applies. 20.Self insured retention means the dollar amount listed in the Declarations that will be paid by the insured before this insurance becomes applicable only with respect to occurrences or offenses not covered by the underlying insurance. The self insured retention does not apply to occurrences or offenses which would have been covered by underlying insurance but for the exhaustion of applicable limits..Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or 2 15.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. 16.Pollution cost or expense means any loss cost or expense arising out of any a. Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b. Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. 17.Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. 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. c When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. b. 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 CU 00010413 Insurance Services Office Inc. 2012 Page 17 of 18 | 1 |
b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent or the underlying insurer s consent. 22.Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. 23.Ultimate net loss means the total sum after reduction for recoveries or salvages collectible that the insured becomes legally obligated to pay as damages by reason of settlement or judgments or any arbitration or other alternate dispute method entered into with our consent or the underlying insurer s consent. 24.Underlying insurance means any policies of insurance listed in the Declarations under the Schedule of underlying insurance. 25.Underlying insurer means any insurer who provides any policy of insurance listed in the Schedule of underlying insurance. 26.Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. 27.Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 28.Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. Page 18 of 18 Insurance Services Office Inc. 2012 CU 00010413 | 1 |
SIGNATURES Named Insured Endorsement Number ICETERIS HOLDCO LLC CC1k11h0314 Policy Symbol olicy Number olicy Period Effective Date of Endorsement umB UMBNJD944252073N 11 01 2018 to 11 01 2019 11 01 2018 issued By Name of Insurance Company IACE Property And Casualty Insurance Company Insert the policy number. The remainder of the information s to be completed only when this endorsement is issued subsequent to the preparation of the policy. THE ONLY SIGNATURES APPLICABLE TO THIS POLICY ARE THOSE REPRESENTING THE COMPANY NAMED ON THE FIRST PAGE OF THE DECLARATIONS. By signing and delivering the policy to you we state that it is a valid contract. INDEMNITY INSURANCE COMPANY OF NORTH AMERICA A stock company BANKERS STANDARD FIRE AND MARINE COMPANY A stock company BANKERS STANDARD INSURANCE COMPANY A stock company ACE AMERICAN INSURANCE COMPANY A stock company ACE PROPERTY AND CASUALTY INSURANCE COMPANY A stock company INSURANCE COMPANY OF NORTH AMERICA A stock company PACIFIC EMPLOYERS INSURANCE COMPANY A stock company ACE FIRE UNDERWRITERS INSURANCE COMPANY A stock company WESTCHESTER FIRE INSURANCE COMPANY A stock company 436 Walnut Street P.O. Box 1000 Philadelphia Pennsylvania 19106 3703 JOHN J. LUPICA President A REBECCA L. COLLINS Secretary Authorized Representative CC1K11h 0314 | 2 |
ACE Producer Compensation Practices Policies ACE believes that policyholders should have access to information about ACE s practices and policies related to the payment of compensation to brokers and independent agents. You can obtain that information by accessing our website athttpwww.aceproducercompensation.com or by calling the following toll free telephone number 1 866 512 2862. ALL20887 1006 | 2 |
TRADE OR ECONOMIC SANCTIONS ENDORSEMENT Named Insured Endorsement Number CETERIS HOLDCO LLC ALL211011106 Policy Symbol olicy Number nnual Period Effective Date of Endorsement INJD944252073N 11 01 2018 to 11 01 2019 11 01 2018 lissued By Name of Insurance Company IACE Property And Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This insurance does not apply to the extent that trade or economic sanctions or other laws or regulations prohibit us from providing insurance including but not limited to the payment of claims. All other terms and conditions of policy remain unchanged. Nothing herein contained shall be held to vary alter waive or extend any of the terms conditions exclusions or limitations of the Policy referenced above except as expressly stated herein. All other terms and conditions remain unchanged. Authorized Representative NFXHHH Ed. 062011 ALL21101 1106 Page 1 of 1 | 2 |
ace group U.S. FOREIGN ACCOUNT TAX COMPLIANCE ACT FATCA The U.S. Foreign Account Tax Compliance Act commonly known as FATCA became the law in the U.S. in March of 2010 and becomes effective July 1 2014. Pursuant to FATCA brokers producers agents andor clients may need to obtain withholding certificates from insurance companies. For information on how to obtain the applicable withholding certificate from ACE U.S. insurance companies please go to the following web site httpwww.acegroup.comusenassetswww.acegroup.comw9.pdf. ALL42490 0314 Page 1 of 1 | 2 |
POLICY NUMBER UMBNJD944252073N POLICY NUMBER UMBNJD944252073N COMMERCIAL LIABILITY UMBRELLA CU 04031207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYEE BENEFITS LIABILITY COVERAGE THIS ENDORSEMENT PROVIDES CLAIMS MADE COVERAGE. PLEASE READ THE ENTIRE ENDORSEMENT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART SCHEDULE Additional Covered Employee Benefits Programs Limit Of Insurance 1000000 Each Employee 2000000 Aggregate Retroactive Date Information required to complete this Schedule if not shown above will be shown in the Declarations. Retained Limit A. The following is added to Section Coverages 2 Our right and duty to defend ends when COVERAGE EMPLOYEE BENEFITS we have used up the applicable limit of LIABILITY insurance in the payment of judgments N or settlements. 1. Insuring Agreement a. We will pay on behalf of the insured the ultimate net loss in excess of the retained limit because of any act error or omission of the insured or of any other person for whose acts the insured is legally liable to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking damages for such an act error or omission when the underlying insurance does not provide coverage or the limits of underlying insur ance have been exhausted. However we will have no duty to defend the insured against any suit seeking damages to which this insurance does not apply. At our discretion we may investigate any report of an act error or omission and settle any re sultant claim or suit for which we have a duty to defend. But 1 The amount we will pay for ultimate net loss is limited as described in Para graph D. Section Il Limits Of Insur ance and No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Sup plementary Payments.. This insurance applies only if 1 The act error or omission is negligently committed in the administration of your employee benefit program 2 The act error or omission did not take place before the Retroactive Date if any shown in the Schedule nor after the end of the policy period and A claim for damages because of an act error or omission is first made against any insured in accordance with Paragraph c. below during the policy period or an Extended Reporting Period we provide under Paragraph F. of this endorsement. 3 CU 04031207 ISO Properties Inc. 2007 Page 10of 5 a | 2 |
e. Inadequacy Of Performance Of Investment Advice Given With Respect To Participation Any claim based upon 1 Failure of any investment to perform 2 Errors in providing information on past performance of investment vehicles or 3 Advice given to any person with respect to that person s decision to participate or not to participate in any plan included in the employee benefit program. Workers Compensation And Similar Laws Any claim arising out of your failure to comply with the mandatory provisions of any workers compensation unemployment compensation insurance social security or disability benefits law or any similar law. g. ERISA Damages for which any insured is liable because of liability imposed on a fiduciary by the Employee Retirement Income Secu rity Act of 1974 as now or hereafter amended or by any similar federal state or local laws. h. Available Benefits Any claim for benefits to the extent that such benefits are available with reasonable effort and cooperation of the insured from the applicable funds accrued or other col lectible insurance.. Taxes Fines Or Penalties Taxes fines or penalties including those imposed under the Internal Revenue Code or any similar state or local law.. Employment Related Practices Damages arising out of wrongful termina tion of employment discrimination or other employment related practices. B. For the purposes of the coverage provided by this endorsement 1. All references to Supplementary Payments Coverages A and B are replaced by Supple mentary Payments Coverages A B and Em ployee Benefits Liability. 2. Paragraphs 1.b. and 3. of the Supplementary Payments provision do not apply. c. A claim seeking damages will be deemed to have been made at the earlier of the fol lowing times 1 When notice of such claim is received and recorded by any insured or by the underlying insurer or us if the limits of the underlying insurance have been used up whichever comes first or 2 When we make settlement in accor dance with Paragraph 1.a. above or set tlement is made by the underlying in surer with our agreement. A claim received and recorded by the in sured within 60 days after the end of the policy period will be considered to have been received within the policy period if no subsequent policy is available to cover the claim. d. All claims for damages made by an em ployee because of any act error or omis sion or a series of related acts errors or omissions including damages claimed by such employee s dependents and benefi ciaries will be deemed to have been made at the time the first of those claims is made against any insured. 2. Exclusions This insurance does not apply to a. Dishonest Fraudulent Criminal Or M ous Act Damages arising out of any intentional dis honest fraudulent criminal or malicious act error or omission committed by any in sured including the willful or reckless viola tion of any statute. b. Bodily Injury Property Damage Or Personal And Advertising Injury Bodily injury roperty damage or per sonal and advertising injury. c. Failure To Perform A Contract Damages arising out of failure of perform ance of contract by any insurer. d. Insufficiency Of Funds Damages arising out of an insufficiency of funds to meet any obligations under any plan included in the employee benefit pro gram. Page 2 of 5 ISO Properties Inc. 2007 CU 04031207 m | 2 |
C. For the purposes of the coverage provided by this endorsement Paragraphs 1.b. and 1.c. of Section Il Who Is An Insured are replaced by the follow ing 1. Except for liability arising out of the ownership maintenance or use of covered autos b. Each of the following is also an insured 1 Each of your employees who is or was authorized to administer your employee benefit program. 2 Any persons organizations or employ ees having proper temporary authoriza tion to administer your employee bene fit program if you die but only until your legal representative is 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 endorsement. c. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if no other similar insurance applies to that organiza tion. However 1 Coverage under this provision is af forded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier. 2 Coverage under this provision does not apply to any act error or omission that was committed before you acquired or formed the organization. D. For the purposes of the coverage provided by this endorsement Section Ill Limits Of Insurance is replaced by the following 1. Our obligation to pay damages on behalf of the insured applies only to the amount of ultimate net loss in excess of the retained limit shown in the Schedule of this endorsement. If there is underlying insurance with a policy period that is non concurrent with the policy period of this endorsement the retained limit will only be reduced or exhausted by claims for that in surance that are made during the policy period or the Extended Reporting Period of this en dorsement. 2. The Limits of Insurance shown in the Schedule and the rules below fix the most we will pay re gardless of the number of a Insureds b Claims made or suits brought c Persons or organizations making claims or bringing suits d Acts errors or omissions or e Benefits included in your employee benefit program. 3. The Aggregate Limit is the most we will pay for the sum of all ultimate net loss because of acts errors or omissions negligently committed in the administration of your employee bene fit program. 4. Subject to the Aggregate Limit the Each Em ployee Limit is the most we will pay for the sum of all ultimate net loss for damages sustained by any one employee including damages sustained by such employee s dependents and beneficiaries as a result of a An act error or omission or b A series of related acts errors or omis sions negligently committed in the administration of your employee benefit program. However the amount paid under this en dorsement shall not exceed and will be subject to the limits and restrictions that apply to the payment of benefits in any plan included in the employee benefit program. The Limits of Insurance of this endorsement apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations of the policy to which this endorsement is attached unless the policy pe riod 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. CU 04031207 ISO Properties Inc. 2007 Page 3 of 5 a | 2 |
E. For the purposes of the coverage provided by this endorsement Condition 3. of Section IV Com mercial Liability Umbrella Conditions is re placed by the following 3. Duties In The Event Of An Act Error Or Omission Or Claim Or Suit a. You must see to it that we are notified as soon as practicable of an act error or omis sion which may result in a claim. To the extent possible notice should include 1 What the act error or omission was and when it occurred and 2 The names and addresses of anyone who may suffer damages as a result of the act error or omission. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and Assist us upon our request in the en forcement of any right against any per son or organization which may be liable to the insured because of an act error or omission to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense without our consent. 4 F. For the purposes of the coverage provided by this endorsement the following Extended Reporting Period provisions are added or if this endorse ment is attached to a claims made Coverage Part replace any similar Section in that Coverage Part. EXTENDED REPORTING PERIOD 1. You will have the right to purchase an Ex tended Reporting Period as described below if a. This endorsement is canceled or not re newed or b. We renew or replace this endorsement with insurance that 1 Has a Retroactive Date later than the date shown in the Schedule of this en dorsement or 2 Does not apply to an act error or omis sion on a claims made basis. 2. The Extended Reporting Period does not ex tend the policy period or change the scope of coverage provided. It applies only to claims for acts errors or omissions that were first committed before the end of the policy period but not before the Retroactive Date if any shown in the Schedule. Once in effect the Ex tended Reporting Period may not be canceled. 3. An Extended Reporting Period of five years is available but only by an endorsement and for an extra charge. You must give us a written request for the en dorsement within 60 days after the end of the policy period. The Extended Reporting Period will not go into effect unless you pay the addi tional premium promptly when due. We will determine the additional premium in accordance with our rules and rates. In doing so0 we may take into account the following a. The employee benefit programs insured b. Previous types and amounts of insurance c. Limits of insurance available under this endorsement for future payment of dam ages and d. Other related factors. Page 4 of 5 ISO Properties Inc. 2007 CU 04031207 m | 2 |
The additional premium will not exceed 100 of the annual premium for this endorsement. The Extended Reporting Period endorsement applicable to this coverage shall set forth the terms not inconsistent with this Section appli cable to the Extended Reporting Period includ ing a provision to the effect that the insurance afforded for claims first received during such period is excess over any other valid and col lectible insurance available under policies in force after the Extended Reporting Period starts. 4. If the Extended Reporting Period is in effect we will provide an extended reporting period aggregate limit of insurance described below but only for claims first received and recorded during the Extended Reporting Period. The extended reporting period aggregate limit of insurance will be equal to the dollar amount shown in the Schedule of this endorsement under Limits Of Insurance. Paragraph D.3. of this endorsement will be amended accordingly. The Each Employee Limit shown in the Schedule will then continue to apply as set forth in Paragraph D.4. G. For the purposes of the coverage provided by this endorsement the following definitions are added to the Definitions Section 1. Administration means a. Providing information to employees in cluding 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 in cluded in the employee benefit program. However administration does not include handling payroll deductions. 2. Cafeteria plans means plans authorized by applicable law to allow employees to elect to pay for certain benefits with pre tax dollars. 3. Claim means any demand or suit made by an employee or an employee s dependents and beneficiaries for damages as the result of an act error or omission. 4. Employee benefit program means a program providing some or all of the following benefits to employees whether provided through a cafeteria plan or otherwise a. Group life insurance group accident or health insurance dental vision and hearing plans and flexible spending accounts pro vided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to those employees who satisfy the plan s eligibility requirements b. Profit sharing plans employee savings plans employee stock ownership plans pension plans and stock subscription plans provided that no one other than an em ployee may subscribe to such benefits and such benefits are made generally available to all employees who are eligible under the plan for such benefits c. Unemployment insurance social security benefits workers compensation and dis ability benefits d. Vacation plans including buy and sell pro grams leave of absence programs includ ing military maternity family and civil leave tuition assistance plans transporta tion and health club subsidies and e. Any other similar benefits designated in the Schedule or added thereto by endorse ment. H. For the purposes of the coverage provided by this endorsement Definitions 6. and 21. in the Defini tions Section are replaced by the following 6. Employee means a person actively em ployed formerly employed on leave of ab sence or disabled or retired. Employee in cludes a leased worker. Employee does not include a temporary worker. 21. Suit means a civil proceeding in which dam ages because of an act error or omission to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the in sured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. CU 04031207 ISO Properties Inc. 2007 Page 50of 5 a | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 21150413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION FINANCIAL SERVICES This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability and Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Lial y This insurance does not apply to bodily injury property damage or personal and advertising injury resulting from the rendering of or the failure to render financial services by any insured to others. For the purpose of this exclusion financial services include but are not limited to 1. Planning administering or advising on a. Any 1 Investment 2 Pension 3 Annuity 4 Savings 5 Checking or 6 Individual retirement plan fund or account b. The issuance or withdrawal of any bond debenture stock or other securities c. The trading of securities commodities or currencies or d. Any acquisitions or mergers 2. Acting as a dividend disbursing agent exchange agent redemption or subscription agent warrant or scrip agent fiscal or paying agent tax withholding agent escrow agent clearing agent or electronic funds transfer agent 3. Lending or arranging for the lending of money including credit card debit card leasing or mortgage operations or activities or interbank transfers 4. Repossessing of real or personal property from a borrower or acting as an assignee for the benefit of creditors 5. Checking or reporting of credit 6. Maintaining of financial accounts or records 7. Tax planning tax advising or the preparation of tax returns or 8. Selling or issuing traveler s checks letters of credit certified checks bank checks or money orders. 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 or the offense which caused the personal and advertising injury involved the rendering of or the failure to render financial services by any insured to others. CU 21150413 Insurance Services Office Inc. 2012 Page 1 of 1 | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 21230202 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad Form This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART I. The insurance does not apply A. Under any Liability Coverage to bodily injury or property damage 1 With respect to which an insured under the policy is also an insured under a nuclear energy liability policy issued by Nuclear En ergy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nu clear Insurance Association of Canada or any of their successors or would be an in sured under any such policy but for its ter mination upon exhaustion of its limit of li ability or Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is re quired to maintain financial protection pur suant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the in sured 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 organi zation. B. Under any Liability Coverage to bodily injury or property damage resulting from hazardous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom 2 The nuclear material is contained in spent fuel or waste at any time possessed handled used processed stored trans ported 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 nu clear facility but if such facility is located within the United States of America its ter ritories or possessions or Canada this Ex clusion 3 applies only to property dam age to such nuclear facility and any property thereat.. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material Spe cial 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 com ponent solid or liquid which has been used or ex posed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed pri marily for its source material content and b re sulting from the operation by any person or organi zation of any nuclear facility included under the first two paragraphs of the definition of nuclear fa cility. CU 21230202 ISO Properties Inc. 2001 Page 1 of 2 o | 2 |
Nuclear facility means a b c Any nuclear reactor 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 pack aging waste Any equipment or device used for the proc essing 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 pluto nium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 d Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. 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 radioac tive contamination of property. Page 2 of 2 ISO Properties Inc. 2001 CU 2123 0202 o | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 21310608 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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 LIABILITY UMBRELLA COVERAGE PART A. The following exclusion is added 4. The terrorism is carried out by means of the This insurance does not apply to TERRORISM Any injury or damage arising directly or indi rectly 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 US dollars. In determining whether the 25000000 threshold is exceeded we will in clude all insured damage sustained by property of all persons and entities affected by the ter rorism and business interruption losses sus tained by owners or occupants of the damaged property. For the purpose of this provision in sured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the applica tion of any terrorism exclusions or 2. Fifty or more persons sustain death or serious physical injury. For the purposes of this provi sion serious physical injury means a. Physical injury that involves a substantial risk of death or b. Protracted and obvious physical disfigure ment or c. Protracted loss of or impairment of the function of a bodily member or organ or 3. The terrorism involves the use release or escape of nuclear materials or directly or indi rectly results in nuclear reaction or radiation or radioactive contamination or dispersal or application of pathogenic or poi sonous 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 terror ism and the circumstances in which the threshold will apply for the purpose of determining whether this exclusion will apply to that incident. 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 or underly ing insurance to which this endorsement is ap plicable and includes but is not limited to bod ily injury property damage personal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part or underlying insurance. 2. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act. The criteria con tained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following a. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terror ism Risk Insurance Act CU 21310608 Insurance Services Office Inc. 2008 Page 1 of 2 m | 2 |
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 indi vidual 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 ex cluded under this Coverage Part. D. If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk In surance Act exceed 100 billion in a Program Year January 1 through December 31 and we have met our insurer deductible under the Terror ism 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 es tablished by the Secretary of the Treasury. 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 re gardless 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 infra structure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the con duct of the United States Government by coercion. Page 2 of 2 Insurance Services Office Inc. 2008 CU 21310608 o | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 21360108 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF PUNITIVE DAMAGES RELATED TO A CERTIFIED ACT OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. The following exclusion is added 2. The act is a violent act or an act that is dan i. gerous to human life property or infrastructure This insurance does not apply to and is committed by an individual or individuals TERRORISM PUNITIVE DAMAGES as part of an effort to coerce the civilian popu Damages arising directly or indirectly out of a lation of the United States or to influence the certified act of terrorism that are awarded as pu policy or affect the conduct of the United States nitive damages. Government by coercion. B. The following definition is added Certified act of terrorism means an act that is certified by the Secretary of the Treasury in con currence with the Secretary of State and the Attor ney General of the United States to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act. The criteria contained in the Terror ism Risk Insurance Act for a certified act of terror ism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and CU 21360108 1SO Properties Inc. 2007 Page 1 of 1 m | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 21381102 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. REMOVAL OF TERRORISM EXCLUSION CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. Any exclusion of terrorism in this Coverage Part or attached to this Coverage Part by endorsement is hereby removed. B. With respect to any one or more certified acts of terrorism we will not pay any amounts for which we are not responsible under the terms of the fed eral Terrorism Risk Insurance Act of 2002 includ ing subsequent acts of Congress pursuant to the Act due to the application of any clause which re sults in a cap on our liability for payments for ter rorism losses. C. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in con currence with the Secretary of State and the Attor ney General of the United States to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act of 2002. The federal Terrorism Risk Insurance Act of 2002 sets forth the following crite ria for a certified act of terrorism 1. The act resulted in aggregate losses in excess of 5 million and 2. The act is a violent act or an act that is danger ous to human life property or infrastructure and is committed by an individual or individuals acting on behalf of any foreign person or for eign interest as part of an effort to coerce the civilian population of the United States or to in fluence the policy or affect the conduct of the United States Government by coercion. CU 21381102 ISO Properties Inc. 2002 Page 1 of 1 o | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 215506 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDED TERRORISM COVERAGE COVERED AUTOS This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART SCHEDULE CU 21 31 Exclusion Of Other Acts Of Terrorism Committed Outside The United States Cap On Losses From Certified Acts Of Terrorism CU 21 33 Exclusion Of Certified Acts Of Terrorism CU 21 35 Exclusion Of Certified Acts Of Terrorism And Exclusion Of Other Acts Of Terrorism Committed Out side The United States CU 21 36 Exclusion Of Punitive Damage Related To A Certified Act Of Terrorism CU 21 40 Exclusion Of Certified Acts Of Nuclear Biological Chemical Or Radiological Terrorism Cap On Losses From Certified Acts Of Terrorism A. If any of the endorsements shown in the Schedule B. With respect to bodily injury or property dam are attached to the policy those endorsements do age arising out of the ownership maintenance or not apply to bodily injury or property damage use of any auto which is a covered auto cov arising out of the ownership maintenance or use erage provided under this Coverage Part for acts of any auto which is a covered auto. of terrorism however defined will follow the provi sions exclusions and limitations of the underlying insurance unless otherwise directed by this insur ance. CU 215506 08 Insurance Services Office Inc. 2008 Page 1 of 1 m | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 21870514 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY LIMITED BODILY INJURY EXCEPTION NOT INCLUDED This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. Exclusion 2.t. of Section Coverage A Bodily B. The following is added to Paragraph 2. Injury And Property Damage Liability is replaced by the following 2. Exclusions This insurance does not apply to t. Access Or Disclosure Of Confidential Or Personal Information And Data related Liability Damages arising out of 1 Any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information or The loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of that which is described in Paragraph 1 or 2 above. 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. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information. 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 any access to or disclosure of any person s or organization s confidential or personal information. CU 21870514 Insurance Services Office Inc. 2013 Page 1 of 1 | 2 |
COMMERCIAL LIABILITY UMBRELLA CUPO0120413 2012 COMMERCIAL LIABILITY UMBRELLA MULTISTATE FORMS REVISION ADVISORY NOTICE TO POLICYHOLDERS This is a summary of the major changes to your policy. No coverage is provided by this summary nor can it be construed to replace any provisions of your policy or endorsements. You should read your policy and review your Declarations page for complete information on the coverages you are provided. If there is any conflict between the policy and this summary THE PROVISIONS OF THE POLICY SHALL PREVAIL. The major areas within the policy that broaden or reduce coverage and other changes are highlighted below. This notice does not reference every editorial change made in your policy. We have followed the policy sequence of provisions in setting out this material. CU 00 01 04 13 COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM I. INSURING AGREEMENT REDUCTIONS OF COVERAGE Coverage A and Coverage B Insuring Agreements are revised to add a provision stating that the insurance provided under this Coverage Part applies to injury or damage that is subject to an applicable retained limit. This revision also addresses how this Coverage Part applies with respect to any other limits including sublimits in the underlying insurance. This revision may result in a reduction of coverage if a limit of insurance in the underlying insurance is not specified in the Commercial Liability Umbrella Declarations under the Schedule of underlying insurance. Il. EXCLUSIONS A. BROADENING OF COVERAGE 1. Coverage A Exclusion 2.c. Liquor Liability is revised to provide an exception with respect to permitting a person to bring alcoholic beverages onto the named insured s premises for consumption on the named insured s premises. 2. Coverage A Exclusion 2.t. Electronic Data is revised to introduce an exception for liability for damages because of bodily injury. B. REDUCTIONS OF COVERAGE Coverage A Exclusion 2.s.2 and Coverage B Exclusion 2.a.15b Professional Services are revised to reference that the exclusion applies to preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications. C. OTHER CHANGES 1. Coverage A Exclusion 2.c. Liquor Liability is revised to reinforce that the exclusion applies even if claims against an insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others or providing or failing to provide transportation with respect to any person that may be under the influence of alcohol. This exclusion is also revised to reinforce that the exclusion is follow form and may follow the provisions of the applicable underlying insurance. 2. Coverage A Exclusions 2.g. Employer s Liability 2.i. Pollution 2.j. Aircraft Or Watercraft and 2.t. Electronic Data are revised to reinforce certain follow form provisions with respect to these exclusions. 3. Coverage A Exclusion 2.s. and Coverage B Exclusion 2.a.15 Professional Services are revised to expressly address in part claims alleging negligence or other wrongdoing in the hiring employment training supervision or monitoring of others by any insured. Additionally Coverage A Exclusion s.11 and Coverage B Exclusion 15k are revised to delete the exception to the exclusion pertaining to the services in the practice of pharmacy. CUPO0120413 Insurance Services Office Inc. 2012 Page 1 of 4 | 2 |
. Coverage A Exclusion 2.u. and Coverage B Exclusion 2.a.17 Recording And Distribution Of Material Or Information In Violation Of Law addressing injury or damage arising out of any action or omission that violates or is alleged to violate certain statutes ordinances and regulations were previously added to your policy via mandatory endorsement. This exclusion has been incorporated directly into your policy.. Coverage B Exclusion 2.a.2 and 2.a.3 Material Published With Knowledge Of Falsity and Material Published Prior To Policy Period are revised to reference in any manner with respect to oral or written publication for consistency with the definition of personal and advertising injury.. Who Is An Insured This provision is revised to provide that if coverage provided to the additional insured is required by contract or agreement the most the insurer will pay on behalf of the additional insured is the amount of insurance required by the contract or agreement less any amounts payable by underlying insurance or the amount of insurance available under the applicable Limits of Insurance shown in the Declarations whichever is less. This provision is also revised to reinforce an exception with regard to liability arising out of the ownership maintenance or use of a covered auto concerning employees to expressly address bodily injury to the spouse child parent brother or sister of a fellow employee.. Condition 2. Bankruptcy is revised to reinforce that bankruptcy or insolvency of the underlying insurer will not relieve us of our obligations. MULTISTATE ENDORSEMENTS 4.. BROADENING OF COVERAGE 1. Electronic Data Liability Endorsement CU 04 02 is revised to introduce an exception to the electronic data exclusion in order to provide that the exclusion does not apply to liability for damages because of bodily injury.. Condominiums Co ops Associations Directors And Officers Liability Coverage Endorsement CU 0412 is introduced to provide directors and officers liability coverage with respect to eligible condominiums co ops and community associations.. Extended Reporting Period Endorsement For Condominiums Co ops Associations Directors And Officers Liability Coverage Endorsement CU 27 14 is introduced to provide an extended period during which a claim may be made under the Condominiums Co ops Associations Directors And Officers Liability Coverage Endorsement. Druggists Endorsement CU 22 20 is revised to introduce an exception with respect to the administering of vaccinations.. REDUCTIONS OF COVERAGE 1. Liquor Liability Exclusion Endorsements The following endorsements are revised to indicate that the liquor liability exclusion applies with respect to a named insured permitting any person to bring any alcoholic beverages on the named insured s premises for consumption on the named insured s premises CU 21 13 Amendment Of Liquor Liability Exclusion CU 21 14 Amendment Of Liquor Liability Exclusion Exception For Scheduled Premises Or Activities. Exclusion Cross Suits Liability Endorsement CU 21 26 is introduced to exclude coverage under both Coverage A and Coverage B for any claim or suit for damages due to bodily injury property damage or personal and advertising injury that is brought by any named insured under the policy against another named insured under the policy.. Amendment Of Personal And Advertising Injury Definition Endorsement CU 24 13 is introduced to remove from the definition of personal and advertising injury the offense of oral or written publication in any manner of material that violates a person s right of privacy. Page 2 of 4 Insurance Services Office Inc. 2012 CUP0120413 | 2 |
C. OTHER CHANGES 1. Exclusion Intercompany Products Suits Endorsement CU 21 08 is revised for consistency with the wording of Exclusion Cross Suits Liability Endorsement CU 21 26. 2. Liquor Lial lity Exclusion Endorsements The following endorsements are revised to reinforce that the exclusion applies even if claims against an insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others or providing or failing to provide transportation with respect to any person that may be under the influence of alcohol CU 21 13 Amendment Of Liquor Liability Exclusion CU 21 14 Amendment Of Liquor Liability Exclusion Exception For Scheduled Premises Or Activities 3. Professional Services Endorsements a. The following endorsements are revised to expressly address in part claims alleging negligence or other wrongdoing in the hiring employment training supervision or monitoring of others by any insured CU 21 15 Exclusion Financial Services CU 21 75 Exclusion Insurance And Related Operations CU 21 18 Optical And Hearing Aid Establishments CU 22 20 Druggists CU 22 63 Druggists Broadened Coverage CU 22 84 Exclusion Testing Or Consulting Errors And Omissions CU 22 85 Exclusion Internet Service Providers And Internet Access Providers Errors And Omissions CU 22 86 Professional Liability Exclusion Web Site Designers b. The following endorsements are introduced to explicitly reinforce excluded coverage for certain professional services. In addition these new endorsements expressly exclude coverage with respect to claims alleging negligence or other wrongdoing in the hiring employment training supervision or monitoring of others by any insured CU 21 41 Exclusion Counseling Services CU 21 49 Exclusion Professional Veterinarian Services CU 21 59 Exclusion Diagnostic Testing Laboratories CU 22 68 Exclusion Professional Services Blood Banks CU 22 83 Professional Liability Exclusion Computer Software CU 22 93 Professional Liability Exclusion Computer Data Processing CU 22 94 Professional Liability Exclusion Electronic Data Processing Services And Computer Consulting Or Programming Services 4. Exclusion Failure To Supply Endorsement CU 22 09 is revised to expressly state that the exclusion applies to the failure of any insured to adequately supply biofuel. 5. Businessowners Liability Changes Endorsement CU 24 29 is introduced to modify the Commercial Liability Umbrella Coverage Form to promote greater compatibility with respect to limits of insurance related to an underlying Businessowners Policy. The endorsement provides in part that ultimate net loss because of bodily injury property damage and personal and advertising injury is subject to the Each Occurrence Limit. 6. Amendment Of Insured Contract Definition Endorsement CU 24 30 and Limited Contractual Liability Railroads Endorsement CU 24 31 are revised to reflect that the defined term insured contract addresses certain liability assumed by the named insured with respect to the tort liability of another party to the extent the assumption of tort liability is permitted by law. CUPO0120413 Insurance Services Office Inc. 2012 Page 3 of 4 | 2 |
7. Underlying Claims made Coverage Endorsement CU 27 00 is revised to reference in any manner with respect to oral or written publication for consistency with the definition of personal and advertising injury in the Commercial Liability Umbrella Coverage Form.. Extended Reporting Period Endorsement For Employee Benefits Liability Coverage Endorsement CU 27 10 is revised to address certain extended reporting period provisions of Employees Benefits Liability Coverage Endorsement CU 04 03. Page 4 of 4 Insurance Services Office Inc. 2012 CUP0120413 | 2 |
IL P 0010104 U.S. TREASURY DEPARTMENT S OFFICE OF FOREIGN ASSETS CONTROL OFAC ADVISORY NOTICE TO POLICYHOLDERS No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Notice provides information concerning possible impact on your insurance coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of Foreign Assets Control OFAC administers and enforces sanctions policy based on Presidential declarations of national emergency. OFAC has identified and listed numerous Foreign agents Front organizations Terrorists Terrorist organizations and Narcotics traffickers as Specially Designated Nationals and Blocked Persons. This list can be located on the United States Treasury s web site httpwww.treas.gov ofac. In accordance with OFAC regulations if it is determined that you or any other insured or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person as identified by OFAC this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. ISO Properties Inc. 2004 Page 1 of 1 IL P 0010104 | 2 |
ACE GROUP SPECIALTY CLAIMS LOSS NOTIFICATION FORM Today s Date 2018 11 09 NPTy R Inbmmmls il et o mob st FORWARD BY FAX MAIL OR E MAILTO IACE North American Claims P.O. Box 5122 Scranton PA 18505 0554 Fax No. 866635 5687 Toll Free 844 539 3801 IACECRSCLAIMSacegroup.com e s d Notice of check all that apply First Party Claim Potential Claim Third Party Claim Litigation Initiated Other Insured s Name Contact Information Company Name CETERIS HOLDCO LLC Point of Contact Address 401 Minnetonka Rd Hi Nella NJ 08083 2914 Phone Number Broker Agent s Name Contact Information Company Name Internal Users Point of Contact Address Phone Number Policy Information Policy Number UMBNJD944252073N Policy Period 11 01 2018 to 11 01 2019 Limits of Li 5000000 per 5000000 agg Self Insured Retention Deductible 0 Loss Information Date of Incident Claim Location Claimant Name Address Description of Loss Please list all attached or enclosed documentation check if none provided Name of Person Completing This Form Signature 2013 X8 28500a 0813 Page 1 of 1 | 2 |
COMMERCIAL UMBRELLA COVERAGE LIMITATION ENDORSEMENT NO BROADER THAN SCHEDULED UNDERLYING INSURANCE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART The policy is amended by adding the following Notwithstanding any other endorsement to this policy the insurance coverage provided by this policy will not be broader than the insurance coverage provided by the underlying insurance. In the event of an inconsistency or variance between a exclusions restrictions or limiting terms and conditions in this policy and b exclusions restrictions or limiting terms and conditions in the underlying insurance addressing the same general risk or hazard the more restrictive provision shall apply and shall supersede and be deemed to replace the corresponding less restrictive provision. This applies to supersede endorsements in this policy that may under some circumstances create exceptions to exclusions. Such exceptions shall not apply unless they also appear in and apply to underlying insurance. All other terms and conditions of the policy remain unchanged. XS45405 0315 Page 1 of 1 | 2 |
LEAD EXCLUSION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART The following exclusion is added to the policy This insurance does not apply to any injury damage expense cost loss liability or legal obligation arising out of or in any way related to the toxic properties of lead or lead containing products materials or substances. This exclusion applies to all forms of lead including but not limited to solid liquid vapor and fumes. All other terms and conditions of the policy remain unchanged. XS45415 0315 Includes copyrighted material of the Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
ASBESTOS EXCLUSION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART The following exclusion is added to the policy This insurance does not apply to any injury damage expense cost loss liability or legal obligation arising out of or related in any way to asbestos or asbestos containing materials All other terms and conditions of the policy remain unchanged. XS45426 0315 Includes copyrighted material of the Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
FOREIGN LIABILITY EXCLUSION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING COMMERCIAL LIABILITY UMBRELLA COVERAGE PART The following exclusion is added to the policy This insurance does not apply to bodily injury property damage or personal and advertising injury that occurs outside the United States of America its territories and possessions Puerto Rico and Canada. Definition 4. Coverage Territory is deleted an replaced by the following Coverage territory means anywhere in the United States of America its territories and possessions Puerto Rico and Canada. All other terms and conditions of the policy remain unchanged. XS45430 0315 Includes copyrighted material of the Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 21300115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insurance Act exceed 100 billion in a calendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. B. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. CU 21300115 Insurance Services Office Inc. 2015 Page 1 of 1 | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 215003 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SILICA OR SILICA RELATED DUST EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability 2. Exclusions This insurance does not apply to SILICA OR SILICA RELATED DUST a. Bodily injury arising in whole or in part out of the actual alleged threatened or sus pected inhalation of or ingestion of silica or silica related dust. b. Property damage arising in whole or in part out of the actual alleged threatened or suspected contact with exposure to ex istence of or presence of silica or silica related dust. c. Any loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing contain ing treating detoxifying neutralizing reme diating or disposing of or in any way re sponding to or assessing the effects of silica or silica related dust by any in sured or by any other person or entity. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Per sonal And Adverti ing Injury Liabil 2. Exclusions C. The following definitions are added to the Defil This insurance does not apply to SILICA OR SILICA RELATED DUST a. Personal and advertising injury arising in whole or in part out of the actual alleged threatened or suspected inhalation of in gestion of contact with exposure to exis tence 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 contain ing treating detoxifying neutralizing reme diating or disposing of or in any way re sponding to or assessing the effects of silica or silica related dust by any in sured or by any other person or entity. tions Section 1. Silica means silicon dioxide occurring in crystalline amorphous and impure forms sil ica particles silica dust or silica compounds.. Silica related dust means a mixture or combi nation of silica and other dust or particles. CU 215003 05 1SO Properties Inc. 2004 Page 1 of 1 a | 2 |
DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT Named Insured Endorsement Number CETERIS HOLDCO LLC TRIA11C0115 Policy Symbol olicy Number Policy Period Effective Date of Endorsement umB UMBNJD944252073N 11 01 2018 TO 11 01 2019 11 01 2018 issued By Name of Insurance Company IACEPC Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Disclosure Of Premium In accordance with the federal Terrorism Risk Insurance Act we are required to provide you with a notice disclosing the portion of your premium if any attributable to coverage for terrorist acts certified under the Terrorism Risk Insurance Act. The portion of your premium attributable to such coverage is shown in this endorsement or in the policy Declarations. Disclosure Of Federal Participation In Payment Of Terrorism Losses The United States Government Department of the Treasury will pay a share of terrorism losses insured under the federal program. The federal share equals 85 for year 2015 84 beginning on January 2016 83 beginning on January 1 2017 82 beginning on January 1 2018 81 beginning on January 1 2019 and 80 beginning on January 1 2020 of that portion of the amount of such insured losses that exceeds the applicable insurer retention. However if aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a calendar year the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. Cap On Insurer Participation In Payment Of Terrorism Losses If aggregate insured losses attributable to terrorist acts certified under the 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. Terrorism Risk Insurance Act premium142 Authorized Representative TRIA11c 115 Includes copyrighted material of Insurance Services office Inc. with its permission. | 2 |
IL0017 11 98 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation b. Give you reports on the conditions we find 1. The first Named Insured shown in the Declara tions may cancel this policy by mailing or de livering to us advance written notice of cancel lation. 2. We may cancel this policy by mailing or deliv ering to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of cancel lation if we cancel for nonpayment of pre mium or b. 30 days before the effective date of cancel lation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be ef fective even if we have not made or offered a refund. 6. If notice is mailed proof of mailing will be suf ficient proof of notice.. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declara tions is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy.. Examination Of Your Books And Records We may examine and audit your books and rec ords as they relate to this policy at any time during the policy period and up to three years afterward. D. Inspections And Surveys 1. We have the right to a. Make inspections and surveys at any time 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 in surability and the premiums to be charged. We do not make safety inspections. We do not un dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recom mendations we may make relative to certifica tion under state or municipal statutes ordi nances or regulations of boilers pressure ves sels or elevators. E. Premiums The first Named Insured shown in the Declara tions 1. Is responsible for the payment of all premiums and 2. Will be the payee for any return premiums we pay.. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named in sured. If you die your rights and duties will be trans ferred to your legal representative but only while acting within the scope of duties as your legal rep resentative. Until your legal representative is ap pointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL 0017 11 98 Copyright Insurance Services Office Inc. 1998 Page 1 of 1 o | 2 |
POLICY NUMBER UMBNJD944252073N POLICY NUMBER UMBNJD944252073N IL 09850115 THIS ENDORSEMENT IS ATTACHED TO AND MADE PART OF YOUR POLICY IN RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE ACT. THIS ENDORSEMENT DOES NOT GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT SCHEDULE SCHEDULE PART Terrorism Premium Certified Acts This premium is the total Certified Acts premium attributable to the following Coverage Parts Coverage Forms andor Policyies Additional information if any concerning the terrorism premium SCHEDULE PART Il Federal share of terrorism losses 0 Year20 0 Refer to Paragraph B. in this endorsement. Federal share of terrorism losses 0 Year20 0 Refer to Paragraph B. in this endorsement. Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Disclosure Of Premium In accordance with the federal Terrorism Risk Insurance Act we are required to provide you with a notice disclosing the portion of your premium if any attributable to coverage for terrorist acts certified under the Terrorism Risk Insurance Act. The portion of your premium attributable to such coverage is shown in the Schedule of this endorsement or in the policy Declarations. his premium is the total Certified Acts premium attributable to the following Coverage Parts overage Forms andor Policyies dditional information if any concerning the terrorism premium Year 20 0 Year 20 0 Insurance Services Office Inc. 2015 Page 1 of 2 IL 09 850115 | 2 |
B. Disclosure Of Federal Participation In Payment Of Terrorism Losses The United States Government Department of the Treasury will pay a share of terrorism losses insured under the federal program. The federal share equals a percentage as shown in Part Il of the Schedule of this endorsement or in the policy Declarations of that portion of the amount of such insured losses that exceeds the applicable insurer retention. However if aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a calendar year the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. C. Cap On Insurer Participation In Payment Of Terrorism Losses If aggregate insured losses attributable to terrorist acts certified under the 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. Page 2 of 2 Insurance Services Office Inc. 2015 IL 09850115 | 2 |
IL 01410908 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW JERSEY CHANGES CIVIL UNION COMMERCIAL AUTOMOBILE COVERAGE PART This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY. The term spouse is replaced by the following Spouse or party to a civil union recognized under New Jersey law.. Under the Commercial Auto Coverage Part the term family member is replaced by the following Family member means a person related to the 1. Individual Named Insured by blood adoption marriage or civil union recognized under New Jersey law who is a resident of such Named Insured s household including a ward or foster child or 2. Individual named in the Schedule by blood adoption marriage or civil union recognized under New Jersey law who is a resident of the individual s household including a ward or fos ter child if the Drive Other Car Coverage Broadened Coverage For Named Individual Endorsement is attached. C. With respect to coverage for the ownership main tenance or use of covered autos provided under the Commercial Liability Umbrella Coverage Part the term family member is replaced by the follow ing Family member means a person related to you by blood adoption marriage or civil union recog nized under New Jersey law who is a resident of your household including a ward or foster child. C. With respect to coverage for the ownership main tenance or use of covered autos provided under the Commercial Liability Umbrella Coverage Part the term family member is replaced by the follow ing Family member means a person related to you by blood adoption marriage or civil union recog nized under New Jersey law who is a resident of your household including a ward or foster child. Insurance Services Office Inc. 2008 Page 1 of 1 IL 01 41 09 08 | 2 |
IL 02 08 09 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW JERSEY CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART. Pursuant to New Jersey law this policy can not be cancelled or nonrenewed for any underwriting rea son or guideline 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 provision shall not apply to any policy which has been in effect for less than 60 days at the time notice of cancellation is mailed or delivered unless the policy is a renewal policy.. Paragraph 2. of the Cancellation Common Policy Condition is replaced by the following 2. If this policy has been in effect for less than 60 days we may cancel this policy for any reason subject to the following a. We may cancel this policy by mailing or delivering to the first Named Insured and any person entitled to notice under this pol icy written notice of cancellation at least 1 10 days before the effective date of cancellation if we cancel for a Nonpayment of premium or b Existence of a moral hazard as defined in N.J.A.C. 111 20.2f as follows i The risk danger or probability that the insured will destroy or permit to be destroyed the in sured property for the purpose of collecting the insurance pro ceeds. Any change in the circum stances of an insured that will in crease the probability of such a destruction may be considered a moral hazard and i The substantial risk danger or probability that the character cir cumstances or personal habits of the insured may increase the possibility of loss or liability for which an insurer will be held re sponsible. Any change in the character or circumstances of an individual corporate partnership or other insured that will increase the probability of such a loss or liability may be considered a moral hazard. ISO Properties Inc. 2006 Page 10of 3 a IL 02 08 09 07 | 2 |
b. 2 30 days before the effective date of cancellation if we cancel for any other reason. In the notice of cancellation which is sent to the first Named Insured we will state the reason for cancellation. C. The following is added to the Cancellation Com mon Policy Condition 7. Cancellation Of Policies In Effect For 60 Days Or More a. If this policy has been in effect for 60 days or more or is a renewal of a policy we is sued we may cancel this policy only for one or more of the following reasons 1 Nonpayment of premium 2 Existence of a moral hazard as defined in N.J.A.C. 111 20.2f 3 Material misrepresentation or nondisclo sure to us of a material fact at the time of acceptance of the risk Increased hazard or material change in the risk assumed which we could not have reasonably contemplated at the time of assumption of the risk Substantial breaches of contractual duties conditions or warranties that ma terially affect the nature andor insurabil ity of the risk 6 Lack of cooperation from the insured on loss control matters materially affecting insurability of the risk Fraudulent acts against us by the in sured or its representative that materi ally affect the nature of the risk insured 8 Loss of or reduction in available insur ance capacity Material increase in exposure arising out of changes in statutory or case law sub sequent to the issuance of the insurance contract or any subsequent renewal 4 5 10 Loss of or substantial changes in appli cable reinsurance 11 Failure by the insured to comply with any Federal State or local fire health safety or building or construction regula tion law or ordinance with respect to an insured risk which substantially in creases any hazard insured against within 60 days of written notification of a violation of any such law regulation or ordinance 12 Failure by the insured to provide rea sonable and necessary underwriting in formation to us upon written request therefore and a reasonable opportunity to respond. 13 Agency termination provided a We document that replacement coverage at comparable rates and terms has been provided to the first Named Insured and we have in formed the first Named Insured in writing of the right to continue cov erage with us or b We have informed the first Named Insured in writing of the right to con tinue coverage with us and the first Named Insured has agreed in writ ing to the cancellation or nonre newal based on the termination of the first Named Insured s appointed agent. 14 Any other reasons in accordance with our underwriting guidelines for cancella tion of commercial lines coverage. b. If we cancel this policy based on Paragraph 7.a.1 or 2 above we will mail or deliver a written notice to the first Named Insured and any person entitled to notice under this policy at least 10 days before the effective date of cancellation. If we cancel this policy for any other reason listed above we will mail or deliver a written notice to the first Named Insured and any person entitled to notice under this policy not more than 120 days nor less than 30 days before the effec tive date of such cancellation. c. In the notice of cancellation which is sent to the first Named Insured we will state the reason for cancellation. For cancellation due to the nonpayment of premium the no tice will state the effect of nonpayment by the due date. Cancellation for nonpayment of premium will not be effective if payment of the amount due is made before the effec tive date set forth in the notice. d. Notice will be sent to the last mailing ad dresses known to us by 1 Certified mail or 2 First class mail if we have obtained from the post office a date stamped proof of mailing showing names and ad dresses. Page 2 of 3 ISO Properties Inc. 2006 IL 02 08 09 07 m | 2 |
e. We need not send notice of cancellation if you have 1 Replaced coverage elsewhere or 2 Specifically requested termination. D. The following is added and supersedes any other provision to the contrary NONRENEWAL 1. We may elect not to renew this policy for any reason permitted to cancel it. If we elect not to renew this policy we will mail a notice of non renewal stating the reasons for nonrenewal to the first Named Insured at least 30 days but not more than 120 days before the expiration date of this policy. If this policy does not have a fixed expiration date it shall be deemed to ex pire annually on the anniversary of its incep tion. 2. This notice will be sent to the first Named In sured at the last mailing address known to us by a. Certified mail or b. First class mail if we have obtained from the post office a date stamped proof of mailing showing the first Named Insured s name and address. 3. We need not mail or deliver this notice if you have a. Replaced coverage elsewhere or b. Specifically requested termination. ISO Properties Inc. 2006 Page 3 of 3 a IL 02 08 09 07 | 2 |
byt Chubb Commercial Excess And Umbrella Insurance Declarations Chubb Group of Insurance Companies Chubb Group of Insurance Companies 15 Mountain View Road Warren NJ 07059 Policy Number 7976 79 90 Named Insured and Mailing Address KEY INDUSTRIES INC. 400 MARBLE ROAD FORT SCOTT KS 66701 Issued by the stock insurance company indicated below herein called the company. FEDERAL INSURANCE COMPANY Incorporated under the laws of Indiana Producer No. 0037732 99999 Incorporated under the laws of Indiana Producer HAYS GROUP OF KANSAS CITY L.L.C. 920 MAIN ST. STE 2100 KANSAS CITY MO 64105 2008 0 Policy Period From JULY 012013 To JULYO0L 2014 1201 A M. standard time at the Named Insured s mailing address shown above. P Premium S S s R 12795.00 B Limits Of Insurance Excess Coverage Other Aggregate Limit as applicable 10000 000. Umbrella Coverages Aggregate Limit 10000000. Products Completed Operations Aggregate Limit 10000 000. R Advertising Injury and Personal Injury Aggregate Limit 10000000. Each Occurrence Limit 10000 000. 05 S0 S Authorization In Witness Whereof the company issuing this policy has caused this policy to be signed by its authorized officers but this policy shall not be valid unless also signed by a duly authorized representative of the company. FEDERAL INSURANCE COMPANY. b T 2 t 4 g7 Secretary President ble iW Authorized Representative V.I.L g July 18 2013 Chubb Commercial Excess And Umbrella Insurance last page Form 07 02 2267 Ed. 2 09 Declarations Page 1 | 2 |
Chubb Commercial Excess And Umbrella Insurance cHUBEB Schedule Of Forms Policy Period JULY 012013 to JULY 012014 Effective Date July 12013 Policy Number 7976 79 90 WUC Insured KEY INDUSTRIES INC. Name of Company FEDERAL INSURANCE COMPANY Date Issued July 18 2013 I B B s. B.e B Form Number As of the effective date printed above this is the Schedule Of Forms applicable to this policy PREMIUM BILL 07 10 0542 1006 IMPORTANT NOTICE TO POLICYHOLDERS TRIPRA 99 10 0732 1207 IMPORTANT NOTICE OFAC 99 10 0792 0904 AOD IMPORTANT POLICYHOLDER NOTICE 99 10 0872 0607 DEFENSE WITHIN LIMITS NOTICE 07 10 0384 0701 COMMERCIAL EXCESS AND UMBRELLA DECLARATIONS 07 02 2267 0209 CHUBB COMMERCIAIL EXCESS UMBRELLA INSURANCE 07 02 0815 0701 KANSAS CANCELLATION AND WHEN WE DO NOT RENEW 07 02 1006 0502 COMPLIANCE WITH APPLICABLE TRADE SANCTIONS 07 02 1988 0204 POLICY EXCL INFORMATION DISTRIBUTION LAWS 07 02 2172 1104 COVERAGE CRISIS ASSISTANCE EXCESS AND UMB 07 02 2440 1210 COND CIVIL UNIONS OR DOMESTIC PARTNERSHIPS 07 02 2483 0312 EXCLUSION OF CERTIFIED ACTS OF TERRORISM 07 02 1958 12007 COV B EXCL INTELLECTUAL PROP LAWS OR RIGHTS 07 02 2420 0510 POLICY EXCL LOSS OF USE OF ELECTRONIC DATA 07 02 2500 0512 NAMED INSURED 07 02 1477 0701 ADVERTISING INJURY EXCL. COV. B 07 02 0824 0701 BIOLOGICAL AGENTS COV. B EXCL. 07 02 1691 0701 CLAIMS MADE COV. A EXCESS FOLLOW FORM 07 02 0859 0701 CARE CONTROL OR CUSTODY POLICY EXCLUSION 07 02 0837 0701 FOREIGN LIABILITY EXCL. BI PD AI PICOV. B 07 02 0861 0701 PROFESSIONAL SERVICES EXCL 07 02 0864 0701 PERSONAL INJURY EXCLUSION COV. B 07 02 0884 0701 POLLUTION EXCL. EXCESS FOLLOW FORM COV. A 07 02 0885 0701 SUPPLEMENTARY PAYMENTS 07 02 0845 0701 SCHEDULE OF UNDERLYING INSURANCE 07 02 0922 0701 o JULY 012014 Chubb Commercial Excess And Umbrella Insurance last page Form 07 02 0822 Rev. 7 01 Schedule Of Forms Page 1 | 2 |
cHuos Chubb Commercial Excess And Umbrella Insurance Schedule Of Underlying Insurance Effective date JULY 1 2013 Policy Number 7976 79 90 Insured KEY INDUSTRIES INC. Description Limits R S S ss mployers Liability Insurer ACCIDENT FUND INSURANCE COMPANY OF AMERICA Policy No. WCV6075370 Coverage B Employer s Liability Policy Period 07012013 Bodily Injury By Accident to 07012014 500000. Each Accident Bodily Injury By Disease 500000. Policy Limit 500000. Each Employee Commercial General Liability Insurer GREAT NORTHERK INSURANGE COMPANY Policy No. 3575 19 96 Policy Period 07012013 to 07012014 Occurrence 1000000. Each Occurrence 2000000. General Aggregate 2000000. Products Completed Operations Aggregate 1000000. Personal and Advertising Injury aggregate when 1000000. 2000000. 2000000. 1000000. Each Occurrence General Aggregate Products Completed Operations Aggregate Personal and Advertising Injury aggregate when applicable S Automobile Liabilii Insurer FEDERAL INSURANCE COMPANY Policy No. 7498 55 08 1000000. FEach Accident Policy Period 07012013 or o to 07012014 Bodily Injury Liability Each Person 1000000. Each Accident or Bodily Injury Liability Each Person Each Accident Property Damage Liability Each Accident Includes owned non owned and hired autos Chubb Commercial Excess And Umbrella Insurance continued Form 07 02 0922 Rev. 7 01 Schedule Of Underlying Insurance Page 1 | 2 |
Effective date Policy Number Insured Description Chubb Commercial Excess And Umbrella Insurance Schedule Of Underlying Insurance JULY 1 2013 7976 79 90 KEY INDUSTRIES INC. Employee Benefits Liability Insurer Policy No. Policy Period to Limits GREAT NORTHERN INSURANCE COMPANY 3575 19 96 1000000 07012013 07012014 1000 000. Each Claim Aggregate 1000000. Each Claim 1000000. Aggregate Claims Made Retroactive Date 07012002 Defense expenses included in the Limits of Insurance Foreign Automobile Liability Insurer VIGILANT INSURANCE COMPANY Policy No. 7850 06 51 1000000. Each Accident Policy Period 07012013 to 07012014 1000000. Each Accident Occurrence Foreign Employers Liability Insurer VIGILANT INSURANCE COMPANY Policy No. 7350 06 51 Policy Period 07012013 to 07012014 1000000. d BAN NAR Each Accident Dnlines it 1000000. Each Accident 1000000. Policy Limit 1000000. Each Employee Occurrence Chubb Commercial Excess And Umbrella Insurance continued Form 07 02 0922 Rev. 7 01 Schedule Of Underlying Insurance Page 2 | 2 |
. cHUBEB Chubb Commercial Excess And Umbrella Insurance Effective date Policy Number Insured Description Schedule Of Underlying Insurance JULY 1 2013 7976 79 90 KEY INDUSTRIES INC. Foreign General Liability Insurer Policy No. Policy Period to Limits VIGILANT INSURANCE COMPANY 7350 06 51 1000000. 07012013 07012014 2000000. 3 AAR AAA Each Occurrence Aggregate P T o o o 1000000. 2000000 1000000 1000000. Each Occurrence Aggregate Products Completed Operations Aggregate Personal and Advertising Injury aggregate when applicable Occurrence Stop Gap Coverage Insurer GREAT NORTHERN INSURANCE COMPANY Policy No. 3575 19 96 Policy Period 07012013 to 07012014 1000000. Each Accident 1000000. Policy Limit 1000000. Each Employee Occurrence e Authorization Authorized Representative July 18 2013 Chubb Commercial Excess And Umbrella Insurance last page Form 07 02 0922 Rev. 7 01 Schedule Of Underlying Insurance Page 3 | 2 |
Chubb Commercial Excess And Umbrella Insurance cHUBB Table Of Contents Cartinn Doarer Aa ravic Ui CUNcrito Section Page No. Coverage Excess Follow Form Coverage e M s Covergs Umbrella Coverage B e e e Investi t on Defense And Settlements e Sl e Wememary Payments D Coverage Terri s S Who Is An Insured Excess Follow Form Coverage A S S XuW S e Who Is An Insured Umbrella Coverag T O B0 Limits Of Insurance i A O lies Drop Down 10 Wvmg SR Exclusions Excess Follow Form Caver g e T R When Excess Follow Form Cavsrgge A R R S Exclus ons Umbrella Cavegg S A Pol c Exclusions 17 S S R Conditions B Definitions Umbrella Coverage B e A e o Pollcg Definitions O Form 07 02 0815 Rev. 7 01 Contract Page 1 of 32 | 2 |
cHUBB Chubb Commercial Excess And Umbrella Insurance S Coverage Excess Follow Form Coverage A e Coverages Umbrella Coverage B Bodily Injury And Property Damage Liability Coverage Contract Please read the entire policy carefully. The terms and conditions of this insurance include the various sections of this contract Coverages Investigation Defense And Settlements Supplementary Payments Coverage Territory Who Is An Insured Limits Of Insurance When Excess Follow Form Coverage A Applies Drop Down Exclusions Conditions and Definitions as well as the Declarations and any Endorsements and Schedules made a part of this insurance. Throughout this contract the words you and your refer to the Named Insured shown in the Declarations and other persons or organizations qualifying as a Named Insured under this contract. The words we us and our refer to the Company providing this insurance. In addition to the Named Insured other persons or organizations may qualify as insureds. Those persons or organizations and the conditions under which they qualify are identified in the Who Is An Insured scction of this contract. Words and phrases that appear in bold print have special meanings and are defined in the Definitions section of this contract. S Subject to all of the terms and conditions applicable to Excess Follow Form Coverage A we will pay on behalf of the insured that part of less to which this coverage applies which exceeds the applicable underlying limits. i This coverage applies only if the triggering event that must happen during the policy period of the applicable underlying insurance happens during the policy period of this insurance. This coverage will follow the terms and conditions of underlying insurance described in the Schedule Of Underlying Insurance unless a term or condition contained in this coverage. differs from any term or condition contained in the applicable underlying insurance or. is not contained in the applicable underlying insurance. With respect to such exceptions described above the terms and conditions contained in this coverage will apply to the extent that such terms and conditions provide less coverage than the terms and conditions of the applicable underlying insurance. This coverage does not apply to any part of loss within underlying limits or any related costs or expens We have no obligation under this insurance with respect to any claim or suit settled without our consent. Other than as provided under the Investigation Defense And Settlements and Supplementary Payments sections of this contract we have no other obligation or liability to pay sums or perform acts or services under this coverage. S Subject to all of the terms and conditions applicable to Umbrella Coverage B we will pay on behalf of the insured loss by reason of liability. imposed by law or. assumed in an insured contract Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 3 of 32 | 0 |
Coverages Umbrella Coverage B Bodily Injury And for bodily injury or property damage caused by an occurrence to which this coverage applies. Property Damage This coverage applies only to such bedily injury or property damage that occurs during the Liability Coverage N N policy period. continued Damages for bodily injury include damages claimed by a person or organization for care or loss of services resulting at any time from the bodily injury. This coverage does not apply to any part of A. loss to which underlying insurance would apply regardless of whether or not 1. underlying insurance is available and 2. the applicable underlying limits have been exhausted B. loss to which underlying limits apply or C. any costs or expenses related to loss as described in paragraphs A. or B. above. We have no obligation under this insurance with respect to any claim or suit settled without our consent. Other than as provided under the Investigation Defense And Settlements and Supplementary Payments sections of this contract we have no other obligation or liability to pay sums or perform acts or services under this coverage. Advertising Injury And Subject to all of the terms and conditions applicable to Umbrella Coverage B we will pay on Personal Injury behalf of the insured loss because of liability Liability Coverage. imposed by law or. assumed in an insured contract for advertising injury or personal injury to which this coverage applies. This coverage applies only to such advertising injury or personal injury caused by an offense that is first committed during the policy period. This coverage does not apply to any part of A. loss to which underlying insurance would apply regardless of whether or not 1. underlying insurance is available and 2. the applicable underlying limits have been exhausted B. loss to which underlying limits apply or C. any costs or expenses related to loss as described in paragraphs A. or B. above. We have no obligation under this insurance with respect to any claim or suit settled without our consent. Other than as provided under the Investigation Defense And Settlements and Supplementary Payments sections of this contract we have no other obligation or liability to pay sums or perform acts or services under this coverage. S Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 4 0f 32 | 1 |
cHUBEB Chubb Commercial Excess And Umbrella Insurance Investigation Defense And Settlements D Supplementary Payments Subject to all of the terms and conditions of this insurance we will have the right and duty to defend the insured. under Excess Follow Form Coverage A against a suit in connection with loss to which such coverage applies if the applicable underlying limits have been exhausted by payment of judgments settlements or related costs or expenses if such costs or expenses reduce such limits or. under Umbrella Coverage B against a suit to which such coverage applies even if such suit is false fraudulent or groundless. We have no duty to defend any person or organization against any claim or suit. to which this insurance does not apply or. if any other insurer has a duty to defend. When we have the duty to defend we may at our discretion investigate any occurrence or offense and settle any claim or suit. In all other cases we may at our discretion participate in the investigation defense and settlement of any occurrence offense claim or suit. Our duty to defend any person or organization ends when we have used up the applicable Limit Of Insurance. R R Subject to all of the terms and conditions of this insurance under Excess Follow Form Coverage A or Umbrella Coverage B A we will pay with respect to a claim we investigate or settle or a suit against an insured we defend 1. the expenses we incur. 2. thecostof a. bail bonds or b. bonds required to 1 appeal judgments or 2 release attachments but only for bond amounts within the available Limit Of Insurance. We do not have to furnish these bonds. 3. reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of such claim or suit including actual loss of earnings up to 1000 a day because of time off from work. 4. costs taxed against the insured in the suit except any a. attorney fees or litigation expenses or b. other loss cost or expense in connection with any injunction or other equitable relief. 5. prejudgment interest awarded against the insured on that part of a judgment we pay. If we make an offer to pay the applicable Limit Of Insurance we will not pay any prejudgment interest based on that period of time after the offer. Chubb Commercial Excass And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 5 of 32 | 1 |
Supplementar 6. interest on the full amount of a judgment that accrues after entry of the judgment and Jl y Judgl Payments before we have paid offered to pay or deposited in court the part of the judgment that is continued within the applicable Limit Of Insurance. B. Supplementary Payments does not include any fine or other penalty. C. Supplementary Payments will not reduce the Limits Of Insurance. Our obligation to make these payments ends when we have used up the applicable Limit Of Insurance. E Y e e e e Coverage Territory Excess Follow Form With respect to Excess Follow Form Coverage A this insurance applies anywhere that the Coverage A applicable underlying insurance applics. Umbrella Coverage B With respect to Umbrella Coverage B this insurance applies anywhere. A RS Who Is An Insured With respect to Excess Follow Form Coverage A the following persons and organizations qualify Excess FollowForm asinsureds Coverag e A. the Named Insured shown in the Declarations and other persons or organizations qualifying as an insured in underlying insurance but not beyond the extent of any limitation imposed under any contract or agreement. P Who Is An Insured With respect to Umbrella Coverage B the following persons and organizations qualify as insureds. Umbrella Coverage B Sole Proprietorships If you are an individual you and your spouse are insureds but you and your spouse are insureds only with respect to the conduct of a business of which you are the sole owner. If you die. persons or organizations having proper temporary custody of your property are insureds but they are insureds only with respect to the maintenance or use of such property and only for acts until your legal representative has been appointed and. your legal representatives are insureds but they are insureds only with respect to their duties as your legal representatives. Such legal representatives will assume your rights and duties under this insurance. Partnerships Or Joint If you are a partnership including a limited liability partnership or a joint venture you are an Ventures insured. Your members your partners and their spouses are insureds but they are insureds only with respect to the conduct of your business. Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 6 of 32 | 1 |
cHUBB Chubb Commercial Excess And Umbrella Insurance Who Is An Insured Umbrella Coverage B continued Limited Liability Companies Other Organizations Employees Volunteers Real Estate Managers Lessors Of Equipment Lessors Of Premises If you are a limited liability company you are an insured. Your members and their spouses are insureds but they are insureds only with respect to the conduct of your business. Your managers are insureds but they are insureds only with respect to their duties as your managers. If you are an organization including a professional corporation other than a partnership joint venture or limited liability company you are an insured. Your directors and officers are insureds but they are msureds only with respect to their dulies as your directors or officers. Your stockholders and their spouses are insureds but they are insureds only with respect to their liability as your stockholders. Your employees are insureds but they are insureds only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. Persons who are volunteer workers for you are insureds but they are insureds only for acts within the scope of their activities for you and at your direction. Persons other than your employees or organizations while acting as your real estate managers are insureds but they are insureds only with respect to their duties as your real estate managers. Persons or organizations from whom you lease equipment are insureds but they are insureds only with respect to the maintenance or use by you of such equipment and only if you are contractually obligated to provide them such insurance as is afforded by this contract. However no such person or organization is an insured with respect to any. damages arising out of their sole negligence or. occurrence that occurs or offense that is committed after the equipment lease ends. Persons or organizations from whom you lease premises are reds but they are insureds only with respect to the ownership maintenance or use of that particular part of such premises leased to you and only if you are contractually obligated to provide them with such insurance as is afforded by this contract. However no such person or organization is an insured with respect to any damages arising out of their sole negligence. occurrence that occurs or offense that is committed after you cease to be a tenant in the premises or. structural alteration new construction or demolition operations performed by or on behalf of them. R Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 7 of 32 | 1 |
Who Is An Insured Umbrella Coverage B continued Subsidiary Or Newly Acquired Or Formed Organizations If there is no other insurance available the following organizations will qualify as named insureds a subsidiary organization of the first named insured shown in the Declarations of which at the beginning of the policy period and at the time of loss such first namer et sured controls Subsidiary Or Newly If there is no other insurance available the following organizations will qualify as named insureds Acquired Or Formed Organizations. a subsidiary organization of the first named insured shown in the Declarations of which at the beginning of the policy period and at the time of loss such first named insured controls either directly or indirectly more than fifty 50 percent of the interests entitled to vote gencrally in the election of the governing body of such organization or. a subsidiary organization of the first named insured shown in the Declarations that such first named insured acquires or forms during the policy period if at the time of loss such first named insured controls either directly or indirectly more than fifty 50 percent of the interests entitled to vote generally in the election of the governing body of such organization. Limitations On Who Is An With respect to Umbrella Coverage B the following limitations apply to Who Is An Insured. Insured A Except to the extent provided under the Subsidiary Or Newly Acquired Or Formed Organizations provision no person or organization is an insured with respect to the conduct of any person or organization that is not shown as a named insured in the Declarations. B. No person or organization is an insured with respect to the 1. ownership maintenance or use of any assets or 2. conduct of any person or organization whose assets business or organization you acquire either directly or indirectly for any. bodily injury or property damage that occurred or advertising injury or personal injury arising out of an offens first committed in whole or in part before you directly or indirectly acquired such assets business or organization. C. No person or organization is an insured with respect to the conduct of any partnership including any limited liability partnership joint venture or limited liability company that is not shown as a named insured in the Declarations. D Limits Of Insurance With respect to all coverages under this contract the Limits Of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of. insureds. claims made or suits brought persons or organizations making claims or bringing suits vehicles involved or. coverages provided in this contract. Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 8 of 32 | 1 |
Chubb Commercial Excess And Umbrella Insurance cHUBB Limits Of Insurance The aggregate limits apply separately to each consecutive annual period and to any remaining continued period of less than twelve 12 months starting with the beginning of the policy period shown in Excess Coverage Other Aggregate Limit Umbrella Coverages Aggregate Limit Products Completed Operations Aggregate Limit Advertising Injury And Personal Injury Aggregate Limit Each Occurrence Limit s s S the Declarations provided the applicable aggregate limits in underlying insurance apply in such maunner. If the aggregate limits in underlying insurance do not so apply the applicable aggregate limits of this insurance will apply to the entire policy period and not separately to any portion whether annual or otherwise thereof. If the policy period is extended after issuance the additional period will be deemed part of the last preceding period for purposes of determining the Limits Of Insurance. Subject to the Each Occurrence Limit the Excess Coverage Other Aggregate Limit is the most we will pay for the sum of loss under Excess Follow Form Coverage A except loss weiichuded fir thie products complowed peradions iazards. arising out of advertising injury or personal injury or otherwise covered by underlying insurance but to which no aggregate limit in such underlying insurance applics. The Excess Coverages Other Aggregate Limit will apply separately to loss in the same manner as cach aggregate limit so applies in each coverage or policy described in the Schedule Of Underlying Insurance. Subject to the Each Occurrence Limit the Umbrella Coverages Aggregate Limit is the most we will pay for the sum of loss under Umbrella Coverages except loss. included in the products completed operations hazard or arising out of advertising injury or personal injury. Subject to the Each Occurrence Limit the Products Completed Operations Aggregate Limit is the most we will pay for the sum of loss included in the products completed operations hazard even if such loss is or otherwise would be covered in whole or in part under more than one coverage. The Advertising Injury And Personal Injury Aggregate Limit is the most we will pay for the sum of loss for advertising injury and personal injury even if such loss s or otherwise would be covered in whole or in part under more than one coverage. The Each Occurrence Limit is the most we will pay for the sum of loss arising out of any one oceurrence even if such loss is or otherwise would be covered in whole or in part under more than one coverage. Any amount paid for loss will reduce the amount of the applicable aggregate limit available for any other payment. If the applicable aggregate limit has been reduced to an amount that is less than the Each Occurrence Limit the remaining amount of such aggregate limit is the most that will be available for any other payment. Excess Coverage Other Aggregate Limit Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 9 of 32 | 1 |
When Excess Subject o all of the terms and conditions of this insurance with respect to Excess Follow Form Follow Form Coverage A if the applicable underlying limits are CDre 79 Ap es reduced by payment of judgments settlements or related costs or expenses if such costs or op Dow expenses reduce such limits Excess Follow Form Coverage A will drop down to apply in excess of the remaining amount of the applicable underlying limits or. exhausted by payment of judgments settlements or related costs or expenses if such costs or expenses reduce such limits Excess Follow Form Coverage A will apply in the same manner as the applicable underlying insurance would have applied but for such exhaustion o Exclusions With respect to Excess Follow Form Coverage A the following exclusions apply. Excess Follow Form Coverage A Pollution A. This insurance does not apply to any kability or loss cost or expense arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants other than as described in paragraph C. below. This insurance does not apply to any kability or loss cost or expense arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants other than as described in paragraph C. below. Paragraph A. above does not apply to 1. bodily injury or property damage included in the products completed operations hazard 2. bodily injury or property damage a. caused by the escape of operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts b. if sustained within a building and caused by the release of gaseous irritants or contaminants from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor or c. resulting from your other ongoing contracting operations 3. bodily injury if sustained within a building and caused by the escape of gaseous irritants or contaminants from equipment used o heat that building 4. bodily injury or property damage caused by heat smoke or fumes from a hostile fire or 5. bodily injury or property damage resulting from the ownership maintenance or use of an auto. This insurance does not apply to any liability or loss cost or expense arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants 1. which are or were at any time transported handled stored disposed of processed or treated as waste by or for any a. insured or b. person or organization for whom any insured may be legally responsible. 2. at or from any premises site or location a. which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste or Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 10 of 32 | 1 |
K. cHuUBB Chubb Commercial Excess And Umbrella Insurance Exclusions Excess Follow Form Coverage A Pollution continued b. on which any insured or any contractor or subcontractor working directly or indirectly on any insured s behalf is performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize Pollution b. on which any insured or any contractor or subcontractor working directly or continued indirectly on any insured s behalf is performing operations if the operations are o test for monitor clean up remove contain treat detoxify or neutralize or in any way respond Lo or assess the effects of pollutants. D. This insurance does not apply to any loss cost or expense arising out of any L. request demand order or regulatory or statutory requirement that any insured or others est tor monitor clan up remove contain treat detoxity or neutralize or in any way respond 1o or assess the effects of pollutants or 2. claimor proceeding by or on behalf of any governmental authority or others for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the cffects of pollutants. Paragraph D. above does not apply to the liability for damages for property damage that the insured would have in the absence of such request demand order or regulatory or statutory requirement or such claim or proceeding by or on behalf of a governmental authority. This exclusion applies regardless of whether or not the pollution was a intended preventable or sudden. cidental expected gradual Obligations Of Underlying This insurance does not apply to any liability or loss cost or expense for which the liability or Insurance obligation under underlying insurance is by law unlimited. Underlying Insurance Notwithstanding anything to the contrary set forth in any other provision of this contract this Exclusions insurance does not apply to any liability or loss cost or expense to which the terms and conditions of underlying insurance do not apply. e Exclusions With respect to Umbrella Coverage B Bodily Injury And Property Damage Liability Coverage the Umbrella Coverage B following exclusions apply. Bodily Injury Property Damage Aircraft Owned Or Rented This insurance does not apply to bodily injury or property damage arising out of the ownership Without Crew maintenance use use includes operation and loading or unleading or entrustment to others of any aircraft owned or operated by or loaned or rented to any insured. This exclusion does not apply o an aircraft that is. loaned or rented to you with a paid trained crew and. not owned in whole or in part by any insured. Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 11 of 32 | 1 |
Exclusions Umbrella Coverage B Bodily Injury Property Damage continued Autos U.S.A. Canada Or Puerto Rico Damage To Impaired Property Or Property Not Physically Injured Damage To Insureds Property Damage To Your Product Damage To Your Work Or Related Property This insurance does not apply to bedily injury or property damage arising out of the ownership maintenance use use includes operation and loading or unloading or entrustment to others of any auto owned or operated by or loaned or rented to any insured. This exclusion does not apply to bedily injury or property damage caused by an occurrence that takes place outside of the United States of America including its possessions or territories Canada and Puerto Rico. This insurance does not apply to property damage to. impaired property or. property that has not been physically injured arising out of any defect deficiency inadequacy or dangerous condition in your product or your work or. delay or failure by you or anyone acting on your behalf to perfom a contract or agreement in accordance with its terms and conditions. This exclusion does not apply to the loss of use of other tangible property resulting from sudden and accidental physical injury to your product or your work after it has been put to its intended use. This insurance does not apply to property damage to any property. owned by you or. of any insured that is in the care control or custody of any other insured. This insurance does not apply to property damage to your product arising out of it or any part of it. This insurance does not apply to property damage to. your work arising out of it or any part of it. that particular part of real property on which you or any contractor or subcontractor working directly or indirectly on your behaif is performing operations if the property damage arises out of those operations or. that particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Y Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 12 of 32 | 1 |
K. Chubb Commercial Excess And Umbrella Insurance cHUBEB Exclusions Umbrella Coverage B Bodily Injury Property Damage continued Expected Or Intended This insurance does not apply to bedily injury or property damage arising out of an act that Injury. is intended by the insured or Expected Or Intended Injury Loss In Progress Watercraft Owned S This insurance does not apply to bodily injury or property damage arising out of an act that. is intended by the insured or. would be expected from the standpoint of a reasonable person in the circumstances of the insured to cause bodily injury or property damage even if the actual bodily injury or property damage is of a different degree or type than intended or expected. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or tangible property. This insurance does not apply o bodily injury or property damage that is a change continuation or resumption of any bodily injury or property damage known by you prior to the beginning of the policy period to have occurred. Bodily injury or property damage will be deemed to be known by you A. if such injury or damage is known by or should have been known from the standpoint of a reasonable person in the circumstances of 1. you 2. any of your directors managers members officers or their designees or partners whether or not an employee and B. when any person described in paragraph A. above 1. reports all or any part of any such injury or damage Lo us or any other insurer 2. receives a claim or a demand for damages because of any such injury or damage or 3. becomes aware that any such injury or damage has occurred or has begun to occur. This insurance does not apply to bodily injury or property damage arising out of the ownership maintenance use use includes operation and loading or unloading or entrustment to others of any watercraft owned or operated by or loaned or rented to any insured. This exclusion does not apply to a watercraft. while ashore on premises owned by or rented to you or. that is not owned in whole or in part by any insured. i Watercraft Owned Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 13 of 32 | 1 |
Exclusions Umbrella Coverage B Advertising Injury Personal Injury Breach Of Contract With respect to Umbrella Coverage B Advertising Injury And Personal Injury Liability Coverage the following exclusions apply. This insurance does not apply to advertising injury or personal injury arising out of breach of contract. Breach Of Contract Continuing Offenses Crime Or Fraud Expected Or Intended Injury Failure To Conform To Representations Or Warranties Internet Activities Prior Offenses This insurance does not apply to advertising injury or personal injury arising out of breach of contract. This insurance does not apply to advertising injury or personal injury that arises out of that part of an offense that continues or resumes after the later of the end of the policy period of A. this insurance or B. asubsequent continuous renewal or replacement of this insurance that 1. isissued to you by us or by an affiliate of ours 2. remains in force while the offense continues and 3. would otherwise apply to advertising injury and personal injury. This insurance does not apply 0 advertising injury or personal injury arising out of any criminal or fraudulent conduct committed by or with the consent or knowledge of the insured. This insurance does not apply to advertising injury or personal injury arising out of an offense committed by or behalf of the insured that. is intended by such insured or would be expected from the standpoint of a reasonable person in the circumstances of such insured o cause injury. This insurance does not apply to advertising injury or personal injury arising out of the failure of goods products or services to conform with any electronic oral written or other representation or warranty of durability fitness performance quality or use. This insurance does not apply to advertising injury or personal injury arising out of. controlling creating designing or developing of another s Internet site. controlling creating designing developing determining or providing the content or material of another s Internet site. controlling facilitating or providing or failing to control facilitate or provide access o the Internet or another s Internet site or. publication of content or material on or from the Internet other than material developed by you or at your direction. This insurance does not apply to advertising injury or personal injury arising out of any offense first committed before the beginning of the policy period. ons Or Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 14 of 32 | 1 |
Chubb Commercial Excess And Umbrella Insurance cHUBB Exclusions Umbrella Coverage B Advertising Injury Personal Injury continued Publications With This insurance does not apply to advertising injury or personal injury arising out of any Knowledge Of Falsity electronic oral written or other publication of material by or with the consent of the insured N TR TS P Py Publications With This insurance does not apply to advertising injury or personal injury arising out of any Knowledge Of Falsity electronic oral written or other publication of material by or with the consent of the insured. with knowledge of its Falsity or. if a reasonable person in the circumstances of such insured would have known such material 10 be false... Wrong Description Of This insurance does not apply to advertising injury or personal injury arising out of the wrong Prices description of the price of goods products or services. o e s S e s Exclusions With respect to Umbrella Coverage B Bodily Injury And Property Damage Liability Coverage and Umbrella Coverage B Advertising Injury And Personal Injury Liability Coverage the following exclusions apply. Bodily Injury Property Damage Advertising Injury Personal Injury Employee Or Worker Injury A. This insurance does not apply to bedily injury property damage advertising injury or personal injury sustained by an employee or temporary worker of the insured arising out of and in the course of. employment by the insured or 2. performing duties related to the conduct of the insured s business. B. This insurance does not apply o bodily injury property damage personal injury or advertising injury sustained by the brother child parent sister or spouse of such injured person as a consequence of any injury or damage described in paragraph A. above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and toany obligation to sharc damages with or repay someone else who must pay damages because of any injury or damage described in paragraphs A or B. above. Enhancement This insurance does not apply to any loss cost or expense incurred by you or others for any Maintenance Or Prevention A. enhancement or maintenance of any property or Expenses B. prevention of any injury or damage to any L. person or organization or 2. property you own rent or occupy. Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 15 of 32 | 1 |
Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury continued Intellectual Property Laws Or Rights Pollution Recall Of Proiucts Work Or Impaired Property This insurance does not apply o any actual or alleged bodily injury property damage advertising injury or personal injury arising out of giving rise to or in any way related to any actual or alleged. assertion or. infringement or violation by any person or organization including any insured of any intellectual property law or right regardless of whether this insurance would otherwise apply o all or part of any such actual or alleged injury or damage in the absence of any such actual or alleged assertion infringement or violation. This exclusion applies unless such injury iscaused by an offense described in the definition of advertising injury and. does not arise out of give rise to or in any way relate to any actual or alleged assertion infringement or violation of any intellectual property law or right other than one described in the definition of advertising injury. A. This insurance does not apply to bodily injury property damage advertising injury or personal injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants. B. This insurance does not apply to any loss cost or expense arising out of any 1. request demand order or regulatory or statutory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond o or assess the effects of pollutants or 2. claim or proceeding by or on behalf of a governmental authority or others for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. This exclusion applies regardless of whether or not the pollution was accidental expected gradual intended preventable or sudden. 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. your product. your work or impaired property Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 16 of 32 | 1 |
K. CHUBB Chubb Commercial Excess And Umbrella Insurance Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury Recall Of Products Work Or Impaired Property continued A Policy Exclusions Asbestos Coverages Laws Various Employee Retirement Income Security Laws Employment Related Practices 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. S i WW R S With respect to all coverages under this contract the following exclusions apply. A. This insurance does not apply to any liability or loss cost or expense arising out of the actual alleged or threatened contaminative pathogenic toxic or other hazardous properties of asbestos. B. This insurance does not apply to any loss cost or cxpense arising out of any 1 request demand order or regulatory or statutory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond Lo or assess the effects of asbestos or 2. claim or proceeding by or on behalf of a governmental authority or others for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of asbestos. This insurance does not apply to any liability or loss cost or expense or obligation of any insured under any. medical expenses or payments coverage. no fault law. personal injury protection coverage. underinsured or uninsured financial responsibility law. workers compensation disability benefits or unemployment compensation law or similar coverage or law. This insurance does not apply to any liability or loss cost or expense or obligation of any insured under the United States of America Employees Retirement Income Security Act ER.LS.A. of 1974 or any similar law as now constituted or hereafter amended. A. This insurance does not apply to any liability or loss cost or expense in connection with any damages sustained at any time by any person whether or not sustained in the course of employment by any insured arising out of any employment related act omission policy practice or representation directed at such person occurring in whole or in part at any time including any 1. arrest detention or imprisonment Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 17 of 32 | 1 |
Policy Exclusions Employment Related 2. breach of any express or implied covenant Practwes 3. coercion criticism humiliation prosecution or retaliation continued 4 defamation or disparagement Employment Related 2. breach of any express or implied covenant Practices 3. coercion criticism humiliation prosecution or retaliation continued 4. defamation or disparagement 5. demotion discipline evaluation or reassignment 6. discrimination harassment or segregation 7. a eviction or b. invasion or other violation of any right of occupancy 8. failure or refusal to advance compensate employ or promote 9. invasion or other violation of any right of privacy or publicity 10 termination of employment or 11 other employment related act omission policy practice representation or relationship in connection with any insured at any time. B. This insurance does not apply to any liability or loss cost or expense in connection with any damages sustained at any time by the brother child parent sister or spouse of such person at whom any employment related act omission policy practice or representation is directed as described in paragraph A. above as a consequence thereof. This exclusion applies. whether the insured may be liable as an employer or in any other capacity and. o any obligation o share damages with or repay someone else who must pay damages because of any of the foregoing. Nuclear Energy A. This insurance does not apply to any liability or loss cost or expense 1 with respect to which any insured under this policy also has status as 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 have had status as an insured under any such policy but for its termination upon exhaustion of its limit of insurance or 2. arising out of the nuclear hazardous properties of nuclear material and with respect to which a. any person or organization is required to maintain financial protection pursuant to the United States of America Atomic Energy Act of 1954 or any law amendatory thereof or b. the insured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization. B. This insurance does not apply to any liability or loss cost or expense arising out of the nuclear hazardous properties of nuclear material L if the nuclear material a is at any nuclear facility owned by or operated by or on behalf of any insured Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 18 of 32 | 1 |
K. Chubb Commercial Excess And Umbrella Insurance cHUBEB Policy Exclusions Nuclear Energy b. has been discharged or dispersed therefrom or is contained in nuclear spent continued fuel or nuclear waste at any time transported handled stored disposed of processed treated possessed or used by or on behalf of any insured or Nuclear Energy continued Conditions Appeals Audit Of Books And Records Bankruptcy Cancellation Changes Compliance By Insureds b. has been discharged or dispersed therefrom or is contained in nuclear spent fuel or nuclear waste at any time transported handled stored disposed of processed treated possessed or used by or on behalf of any insured or 2. in any way related to the furnishing by any insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility. But if such facility is located within the United States of America including its possessions or territories or Canada this subparagraph 2. applies only to nuclear property damage to such nuclear facility and any property thereat.. S With respect to all coverages under this contract the following conditions apply. We may at our discretion initiate or participate in an appeal of a judgment if such judgment may result in a payment under this insurance. If we initiate or participate in an appeal we will pay our costs of the appeal. But in no case will the amount we pay for loss exceed the Limits Of Insurance. We may audit your books and records as they relate to this insurance at any time during the term of this policy and up to three years afterwards. Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this insurance. The first named insured may cancel this policy or any of its individual coverages at any time by sending us a written request or by returning the policy and stating when thereafter cancellation is to take effect. We may cancel this policy or any of its individual coverages at any time by sending to the first named insured a notice sixty 60 days twenty 20 days in the event of non payment of premium in advance of the cancellation date. Our notice of cancellation will be mailed to the first named insured s last known address and will indicate the date on which coverage is terminated. If notice of cancellation is mailed proof of mailing will be sufficient proof of notice. The earned premium will be computed on a pro rata basis. Any unearned premium will be returned as soon as practicable. This policy can only be changed by a written endorsement that becomes part of this policy. The endorsement must be signed by one of our authorized representatives. We have no duty to provide coverage under this policy unless you and any other involved insured have fully complied with all of the terms and conditions of the policy. Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 19 of 32 | 1 |
Conditions continued Conformance Any terms of this insurance which are in conflict with the applicable statutes of the State in which this policy is issued are amended to conform to such statutes. Conformance Any terms of this insurance which are in conflict with the applicable statutes of the State in which this policy is issued are amended to conform to such statutes. Disclosures And We have issued this insurance Representations. Based upon representations you made o us and. in reliance upon your representatives. Unintentional failure of an employee of the insured to disclose a hazard or other material information will not violate this condition unless an officer whether or not an employee of any insured or an officer s designee knows about such hazard or other material information. Duties In The Event Of A. You must see to it that we and any insurers of underlying insurance are notified as soon as Occurrence Offense practicable of any occurrence or offense that may result in a claim if the claim may involve Claim Or Suit us or other insurers. To the extent possible notice should include 1. how when and where the occurrence or offense happened 2. the names and addresses of any injured persons and witnesses and 3. the nature and location of any injury or damage arising out of the occurrence or offense. Notice of an occurrence or offense is not notice of a claim. B. If a claim is made or suit is brought against any insured you mu L immediately record the specifics of the claim or suit and the date received 2. notify us and any other insurers as soon as practicable and 3. seeto it that we receive written notice of the claim or suit as soon as practicable. C. You and any other involved insured must 1 immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2. authorize us o obtain records and other information 3. cooperate with us and any other insurers in the a. investigation or settlement of the claim or b. defense against the suit and 4. assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of loss to which this insurance may also apply. D. No insureds will except at that insured s own cost make any payment assume any obligation or incur any expense without our consent. E. Notice given by or on behalf of I the insured Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 20 of 32 | 1 |
K. cHUBEB Chubb Commercial Excess And Umbrella Insurance Conditions Duties In The Event Of Occurrence Offense Claim Or Suit continued 2. the injured person or 3. any other claimant to a licensed agent of ours with particulars sufficient to identify the insured shall be deemed notice o us. Duties In The Event Of Occurrence Offense Claim Or Suit continued First Named Insured Inspections And Surveys Joint Duties In Non Admitted Jurisdictions 2. the injured person or 3. any other claimant to a licensed agent of ours with particulars sufficient to identify the insured shall be deemed notice o us. F. Knowledge of an occurrence or offense by an agent or employee of the insured will not constitute knowledge by the insured unless an officer whether or not an employee of any insured or an officer s designee knows about such occurrence or offense. G rdilire Of an agent or employee of he nsured other than an ofticer whether or not an employee of any insured or an officer s designee to notify us of an occurrence or offense which such person knows about will not affect the insurance afforded to you. H. Ifaclaim or loss does not reasonably appear to involve either this insurance or any underlying insurance but it later develops into a claim or loss to which this insurance applies the failure to report it to us will not violate this condition provided the insured gives us immediate notice as soon as the insured is aware that this insurance may apply to such claim or loss. The person or organization first named in the Declarations is primarily responsible for payment of all premiums. The first named insured will act on behalf of all other named insureds for the giving and receiving of notice of cancellation or nonrenewal and the receiving of any return premiums that become payable under this policy. We may. make inspections and surveys at any time. give you reports on the conditions we find and. recommend changes. Any inspections surveys reports or recommendations relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions. are safe or healthful or. comply with laws regulations codes or standards. This condition applies not only to us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys reports or recommendations for us. With respect to an occurrence offense claim or suit to which this insurance applies that arises in a non admitted jurisdiction A. we have no duty to defend any person or organization against any claim or suit but we may at our discretion assume control of or participate in any investigation defense settlement or recovery proceedings. B. youand any other insured must Joint Duties In Non Admitted Jurisdictions Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 21 of 32 | 1 |
Conditions Joint Duties In Non 1. make such investigation defense or settlement as we deem reasonable Admitted Jurisdictions 2. obtain our approval for any payment and continued P v Py 3. effect approved payments to others in accordance with the terms and conditions of Joint Duties In Non Admitted Jurisdictions continued Legal Action Against Us Maintenance Of Underlying 4 Insurance And Underlying Limits 1. make such investigation defense or settlement as we deem reasonable 2. obtain our approval for any payment and 3. effect approved payments to others in accordance with the terms and conditions of this insurance. C. we will reimburse funds to the insured for payments approved by us for 1. loss and 2. expenses and other payments to which this insurance applics. D. we will make those reimbursements 1. in a jurisdiction that is mutually acceptable and 2. until we have used up the applicable Limits Of Insurance. No person or organization has a right under this insurance to. join us as a party or otherwise bring us into a suit seeking damages from an insured or. sue us on this insurance unless all of the terms and conditions of this insurance have been fully complied with A person or organization may sue us o recover on an agreed settlement or on a final judgment against an insured obtained after an actual. trial in a civil proceeding or. arbitration or other alternative dispute resolution proceeding but we will not be liable for damages that are not payable under the terms and conditions of this insurance or that are in excess of the applicable Limits Of Insurance. We have issued this insurance in reliance upon representations made by you about underlying insurance and underlying limits. You must se to it that. underlying insurance is and remains valid and in full force and effect.. underlying insurance will not be cancelled non renewed or rescinded without replacement by coverage to which we agree.. the terms and conditions of underlying insurance will not materially change unless we agree otherwise.. the terms and conditions of renewals or replacements of underlying insurance shown in the Schedule Of Underlying Insurance will be materially the same as the prior coverage unless we agree otherwise.. the underlying limits are and remain available regardless of any bankruptcy insolvency or other financial impairment of any insurer or any other person or organization.. the underlying limits shown in the Schedule Of Underlying Insurance will not be reduced or exhausted except for the reduction or exhaustion by payment of judgments settlements or related costs or expenses if such costs or expenses reduce such limits. Chubb Commercial Excess And Umbrella Insurance Contract Page 22 of 32 | 1 |
K. cHUBEB Chubb Commercial Excess And Umbrella Insurance Conditions Maintenance Of Underlying Insurance And Underlying Limits continued Other Insurance Separation Of Insureds Titles Of Paragraphs Transfer Of Rights And Duties Transfer Or Waiver Of Rights Of Recovery Against Others Failure to comply with this condition will not invalidate this insurance. But in the case of any such failure our obligation or liability will not exceed that which would have applied absent any failure to comply with this condition. You must notify us as soon as practicable if any underlying insurance is no longer valid or in full force or effect. If other valid and collectable insurance is available to the insured for loss we would otherwise cover under this insurance. our obligations are limited as follows. This insurance is excess over any other insurance whether primary excess contingent or on any other basis. We will have no duty to defend the insured against any suit if any provider of any other insurance has a duty to defend such insured against such suit. We will pay only our share of the amount of loss if any that exceeds the sum of the total. amount that all other insurance would pay for loss in the absence of this insurance and. of all deductible and self insured amounts under all other insurance This insurance is not subject to the terms or conditions of any other insurance. Except with respect to the Limits Of Insurance and any rights or duties specifically assigned in this insurance o the first named insured this insurance applies. as if each named insured were the only named insured and. separately to each insured against whom claim is made or suit is brought. The titles of the various paragraphs of this policy and endorsements if any attached to this policy are inserted solely for convenience or reference and are not to be deemed in any way to limit or affect the provisions to which they relate. Your rights and duties under this insurance may not be transferred without our written consent. However if you die then your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative or to anyone having temporary custody of your property until your legal representative has been appointed. We will waive the right of recovery we would otherwise have had against another person or organization for loss to which this insurance applies provided the insured has waived their rights of recovery against such person or organization in a contract or agreement that is executed before loss. To the extent that the insured s rights to recover all or part of any payment made under this insurance have not been waived those rights are transferred to us. The insured must do nothing after loss o impair them. At our request the insured will bring suit or transfer those rights o us and help us enforce them. Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 23 of 32 | 1 |
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