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ENDORSEMENT 16 This endorsement effective 1201 a.m. June 01 2014 forms a part of Policy No. US00058002L114A issued to CDM Investment Group Inc. by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. VIOLATION OF COMMUNICATION OR INFORMATION LAWS EXCLUSION APPLICABLE TO INSURING AGREEMENTS A AND B This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY Section V. Exclusions A 9 Violation of Communication or Information Laws is deleted in its entirety and replaced by the following Any act that violates any statute ordinance or regulation of any federal state or local government including any amendment thereto that prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. All other terms and conditions remain the same. Page 10f 1 XCU 763 1213 2013 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
ENDORSEMENT 17 This endorsement effective 1201 a.m. June 01 2014 forms a part of Policy No. US00058002L114A issued to CDM Investment Group Inc. by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM WITH RETAINED LIMIT Applicable to Insuring Agreements A and B This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY The following is added to Section V. Exclusions A This insurance does not apply If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insurance Act exceed 100 billion in a Program 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. With respect to this endorsement Declarations Item 4 Self Insured Retention is amended to include the following Terrorism Retained Limit 2000000 Each certified act of terrorism Solely with respect to any liability arising out of any certified act of terrorism Section Ill. Defense and Settlement is deleted in its entirety and replaced by the following The Company has no duty to assume control of the investigation defense or settlement of any claim made suit brought or proceeding instituted against the insured. The Company will however have the right and shall be given the opportunity to participate in the defense and trial of any claims suits or proceeding relative to any occurrence which in our opinion may create liability on our part under the terms of this policy. If we exercise such right we will do so at our own expense. Section VI. Definitions is amended as follows a Item Il Retained limit is deleted in its entirety and replaced by the following Iy Retained limit means whichever of the following is greater 1 For Insuring Agreement A the total of the applicable limits of scheduled underlying insurance providing coverage to the insured or the actual limits of such scheduled underlying insurance whichever is greater 2 For Insuring Agreement B the self insured retention stated in Declarations Item 4 applicable to each occurrence that results in a loss other than a certified act of terrorism not covered by scheduled underlying insurance or Page 1 of 2 XCU 901 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
3 The Terrorism Retained Limit shown in Paragraph II. above which applies to each certified act of terrorism whether or not there is applicable scheduled underlying insurance or any other collectible insurance. Applicable scheduled underlying insurance may be applied to reduce or exhaust the Terrorism Retained Limit. Defense expenses shall not erode the Terrorism Retained Limit. For the purposes of this endorsement the following definitions are added to Section VI. Definitions Defense expenses means any payment allocated to the investigation settlement or defense of a specific claim or suit including the following 1 Attorney s fees and all other investigation loss adjustment and litigation expenses 2 Premiums on bonds to release attachments 3 Premiums on appeal bonds required by law to appeal any claim or suit 4 Costs taxed against the insured by law to appeal any claim or suit 5 Pre judgment interest awarded against the insured and 6 Interest that accrues after entry of judgment. 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 and any amendment thereto. 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. All other terms and conditions remain the same. Page 2 of 2 XCU 901 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
ENDORSEMENT 18 This endorsement effective 1201 a.m. June 01 2014 forms a part of Policy No. US00058002L114A issued to CDM Investment Group Inc. by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONDITIONAL EXCLUSION OF TERRORISM RELATING TO DISPOSITION OF FEDERAL TERRORISM RISK INSURANCE ACT APPLICABLE TO INSURING AGREEMENTS A AND B This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY A. Applicability Of The Provisions Of This Endorsement 1. 2. The provisions of this endorsement become applicable commencing on the date when any one or more of the following first occurs. But if your policy meaning the policy period in which this endorsement applies begins after such date then the provisions of this endorsement become applicable on the date your policy begins. a. The federal Terrorism Risk Insurance Program Program established by the Terrorism Risk Insurance Act has terminated with respect to the type of insurance provided under this policy or A renewal extension or replacement of the Program has become effective without a requirement to make terrorism coverage available to you and with revisions that 1 Increase our statutory percentage deductible under the Program for terrorism losses. That deductible determines the amount of all certified terrorism losses we must pay in a calendar year before the federal government shares in subsequent payment of certified terrorism losses. or 2 Decrease the federal government s statutory percentage share in potential terrorism losses above such deductible or 3 Redefine terrorism or make insurance coverage for terrorism subject to provisions or requirements that differ from those that apply to other types of events or occurrences under this policy. If the provisions of this endorsement become applicable such provisions a. Supersede any terrorism endorsement already endorsed to this policy that addresses certified acts of terrorism andor other acts of terrorism but only with respect to an incidents of terrorism however defined which results in injury or damage that occurs on or after the date when the provisions of this endorsement become applicable for claims made policies such an endorsement is superseded only with respect to an incident of terrorism however defined that results in a claim for injury or damage first being made on or after the date when the provisions of this endorsement become applicable and Remain applicable unless we notify you of changes in these provisions in response to federal law. XCU 906 0114 2014 X.L. America Inc. All Rights Reserved. Page 10f 3 May not be copied without permission. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
3. If the provisions of this endorsement do NOT become applicable any terrorism endorsement already endorsed to this policy that addresses certified acts of terrorism andor other acts of terrorism will continue in effect unless we notify you of changes to that endorsement in response to federal law. The following definitions are added and apply under this endorsement wherever the term terrorism or the phrase any injury or damage are in bold font 1. Terrorism means activities against persons organizations or property of any nature a. That involve the following or preparation for the following 1 Use or threat of force or violence or 2 Commission or threat of a dangerous act or 3 Commission or threat of an act that interferes with or disrupts an electronic communication information or mechanical system and b. When one or both of the following applies 1 The effect is to intimidate or coerce a government or the civilian population or any segment thereof or to disrupt any segment of the economy or 2 It appears that the intent is to intimidate or coerce a government or to further political ideological religious social or economic objectives or to express or express opposition to a philosophy or ideology. 2. Any injury or damage means any injury or damage covered under any policy or scheduled underlying insurance to which this endorsement is applicable and includes but is not limited to bodily injury property damage personal and advertising injury injury or environmental damage as may be defined in any applicable policy or underlying insurance. The following is added to Section V. Exclusions A Exclusions Applicable to Insuring Agreements A and B EXCLUSION OF TERRORISM We will not pay for any injury or damage caused directly or indirectly by terrorism including action in hindering or defending against an actual or expected incident of terrorism. Any injury or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to such injury or damage. But this exclusion applies only when one or more of the following are attributed to an incident of terrorism 1. The terrorism is carried out by means of the dispersal or application of radioactive material or through the use of a nuclear weapon or device that involves or produces a nuclear reaction nuclear radiation or radioactive contamination or 2. Radioactive material is released and it appears that one purpose of the terrorism was to release such material or 3. The terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials or 4. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials or XCU 906 0114 2014 X.L. America Inc. All Rights Reserved. Page 2 0of 3 May not be copied without permission. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
5. The total of insured damage to all types of property exceeds 25000000. In determining whether the 25000000 threshold is exceeded we will include all insured damage sustained by property of all persons and entities affected by the terrorism and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions or 6. Fifty 50 or more persons sustain death or serious physical injury. For the purposes of this provision serious physical injury means a. Physical injury that involves a substantial risk of death or b. Protracted and obvious physical disfigurement or c. Protracted loss of or impairment of the function of a bodily member or organ. Multiple incidents of terrorism which occur within a seventy two 72 hour period and appear to be carried out in concert or to have a related purpose or common leadership will be deemed to be one incident for the purpose of determining whether the thresholds in Paragraphs C.5. or C.6. are exceeded. With respect to this Exclusion Paragraphs C.5. and C.6. describe the threshold used to measure the magnitude of an incident of terrorism and the circumstances in which the threshold will apply for the purpose of determining whether this Exclusion will apply to that incident. When the Exclusion applies to an incident of terrorism there is no coverage under this policy. In the event of any incident of terrorism that is not subject to this Exclusion coverage does not apply to any injury or damage that is otherwise excluded under this policy. However any insurance provided by this policy will not be broader than the insurance coverage provided by the scheduled underlyi It is further agreed that in no event shall this policy recognize or be impacted by the erosion or exhaustion of any underlying aggregate limits of insurance in any underlying policy by payment of loss arising out of or in connection with any injury or damage excluded by this endorsement. All other terms and conditions remain the same. XCU 906 0114 2014 X.L. America Inc. All Rights Reserved. Page 30f 3 May not be copied without permission. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
GERLING HDI GERLING AMERICA INSURANCE COMPANY AN ILLINOIS CORPORATION 161 NORTH CLARK STREET 48 Floor CHICAGO IL 60601 312 580 1900 COMMERCIAL LINES POLICY FOR LANXESS CORPORATION CUD10626 08 12312015 to 12312016 Underwriting Team Sibylle Beck Underwriter Matt Paviacka Underwriting Assistant Jim Clark Chief Underwriting Officer Loss Nof n To report a claim 24 hours a day 7 days a week please contact us as soon as practicable for further assistance Telephone 1 866 484 2053 Fax 1 866 477 8502 Email newclaimshdigaic.com POLICY JACKET DECLARATIONS PAGE FORMS AND ENDORSEMENTS COMPLETE THIS POLICY IL SU 4003 12 12 Page 1 of 2 | 2 |
In Witness Whereof we have caused this policy to be executed and attested and if required by state law this policy shall not be valid unless countersigned by our authorized representative. o President CEO Dr. Lothar Becker DIe N A Corporate Secretary David Neumeister IL SU 4003 12 12 Page 2 of 2 | 2 |
HDI GERLING AMERICA INSURANCE COMPANY COMMERCIAL UMBRELLA LIABILITY DECLARATIONS PAGE POLICY NUMBER CUD10626 08 PRIOR POLICY NUMBER CUD10626 07 This policy is CLAIMS MADE it this box is checked X NAMED INSURED AND MAILING ADDRESS Lanxess Corporation 111 RIDC Park West Drive Pittsburgh PA 15275 1112 PRODUCER AND MAILING ADDRESS Lockton Companies LLC 444 W. 47 Street Suite 900 Kansas City MO 64112 THE NAMED INSURED IS Individual Partnership Joint Venture Limited Liability Company X Organization including a corporation But not including a Partnership Joint Venture or Limited Liability Company COMPANY NAME AND ADDRESS HDI Gerling America Insurance Company 161 North Clark Street 48 Floor Chicago IL 60601 POLICY PERIOD FROM 12312015 TO 12312016 1201 A.M. Standard Time at your mailing address. RETROACTIVE DATE Applicable to Claims Made Coverage Only 07 01 2004 LIMITS OF INSURANCE EACH OCCURRENCE LIMIT 8000000 PERSONAL ADVERTISING INJURY LIMIT 8000000 Any one person or organization AGGREGATE LIMIT 8000000 RETAINED LIMIT SELF INSURED RETENTION 1000000 MINIMUM RETENTION 1000000 FORMS AND ENDORSEMENTS APPLICABLE TO THIS COVERAGE PART See Extension Schedule Attached ny LIMIT ISING INJURY LIMIT PREMIUM Advance Premium Terrorism Risk Insurance Act State Taxes or Surcharges Total Advance Premium 172618 Minimum Premium 173992 1374 Flat or Adjustable Flat 173992 02022016 By CyprrenCard COUNTERSIGNED Date Authorized Rep. Page 1 of 1 CU SU 2001 07 14 | 2 |
HDI GERLING AMERICA INSURANCE COMPANY COMMERCIAL UMBRELLA LIABILITY SCHEDULE OF UNDERLYING INSURANCE POLICY NUMBER CUD10626 08 NAMED INSURED LanXess Corporation POLICY PERIOD From 12312015 To 12312016 Underlying Insurer Policy Number Underlying Policy Period Insurance Limits of Insurance Carrier HDI Gerling America General Each Occurrence Limit 2000000 Insurance Company Liability Personal and Advertising Injury 2000000 Policy No. GLD10625 08 General Aggregate Limit 2000000 Products Completed From 12312015 To 12312016 Operations Aggregate Limit 2000000 Carrier Zurich American Insurance Automobile Combined Bodily Injury Property Damage Company Liability Each Accident Limit 2000000 Policy No. BAP 5852385 02 Or Bodily Injury Each Person Limit From 12312015 To 12312016 Each Accident Limit Property Damage Each Person Limit Carrier Zurich American Insurance Employers Bodily Injury By Accident Company Liability Each Accident Limit 3000000 Policy No. WC 5852383 02 WI Retro Bodily Injury by Disease Policy Each Employee Limit 3000000 From 12312015 To 12312016 Policy Limit 3000000 Carrier Zurich American Insurance Employers Bodily Injury By Accident Company Liability Each Accident Limit 3000000 Policy No. WC 5852384 02 All Other Bodily Injury by Disease States Each Employee Limit 3000000 From 12312015 To 12312016 Policy Limit 3000000 Insurance Company olicy No. GLD10625 08 Company olicy No. BAP 5852385 02 rom 12312015 To 12312016 Company olicy No. WC 5852383 02 Company olicy No. WC 5852384 02 Each E CU SU 2002 12 07 | 2 |
CU SU 2003 12 07 HDI GERLING AMERICA INSURANCE COMPANY COMMERCIAL UMBRELLA LIABILITY DECLARATIONS Policy Number CUD10626 08 EXTENSION SCHEDULE FOR LANXESS CORPORATION IL SU 4003 CU SU 2001 CU SU 2002 CU SU 2003 CU 0001 CU AM 2001 1212 0714 1207 1207 0413 1207 HDI GERLING AMERICA INSURANCE COMPANY POLICY JACKET COMMERCIAL UMBRELLA LIABILITY DECLARATIONS PAGE COMMERCIAL UMBRELLA LIABILITY SCHEDULE OF UNDERLYING INSURANCE EXTENSION SCHEDULE COMMERCIAL UMBRELLA LIABILITY COVERAGE FORM COMMERCIAL UMBRELLA LIABILITY COVERAGE FORM AMENDATORY ENDORSEMENT INCLUDES AIRCRAFT PRODUCTS AND AIRCRAFT GROUNDING HAZARDS ASBESTOS NEW ENTITIES AND UNINSURED UNDERINSURED MOTORIST EXCLUSIONS ALSO INCLUDES KNOWLEDGE AND NOTICE OF OCCURRENCE AND UNINTENTIONAL FAILURE TO DISCLOSE. INCIDENTAL MEDICAL MALPRACTICE NAMED INSURED ENDORSEMENT LEAD EXCLUSION PENNSYLVANIA CHANGES COVERAGE FOR INJURY TO LEASED WORKERS EXCLUSION INTERCOMPANY PRODUCTS SUIT NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT FUNGI OR BACTERIA EXCLUSION EXCLUSION OF OTHER ACTS OF TERRORISM COMMITTED OUTSIDE THE UNITED STATES CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM EXCLUSION ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY WITH LIMITED BODILY INJURY EXCEPTION WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US AMENDMENT OF INSURED CONTRACT DEFINITION UNDERLYING CLAIMS MADE COVERAGE COMMON POLICY CONDITIONS PENNSYLVANIA CHANGES DEFENSE COSTS PENNSYLVANIA CHANGES CANCELLATION ANDNONRENEWAL PENNSYLVANIA NOTICE BATCH CLAUSE SILICA DUST AND PARTICULATE MATTER EXCLUSION EXCLUSION SPECIFIC SUBSTANCES EXCLUSION TOBACCO AND TOBACCO PRODUCTS CU AM 2007 IL Al 4001 CU EX 2016 CU 0131 CU 0400 CU 2108 CuU 2123 CuU 2127 CU 2131 1207 0611 1207 09 00 09 00 0413 0202 1204 0115 CUu2186 0514 CU 2403 0900 CU2430 0413 CU2700 0413 IL 0017 1198 IL 0120 1013 IL 0246 0907 IL 0910 0702 MANUSCRIPT ENDT 1 MANUSCRIPT ENDT 2 MANUSCRIPT ENDT 3 MANUSCRIPT ENDT 4 Page 1 of 2 CU SU 2003 12 07 | 2 |
CU SU 2003 12 07 MANUSCRIPT ENDT 5 MANUSCRIPT ENDT 6 MANUSCRIPT ENDT 7 113004 MS 08 11 113005 MS 08 13 IL AM 4001 10 11 IL P 0010104 IL 09 8501 15 FELLOW EMPLOYEE COVERAGE SUPPLEMENTARY PAYMENTS ENDORSEMENT ACQUIRED IMMUNE DEFICIENCY SYNDRONE A.I.D.S. EXCLUSION ANTI FRAUD WARNING COVER LETTER STATE FRAUD STATEMENTS ECONOMIC OR TRADE SANCTIONS U.S. TREASURY DEPARTMENT S OFFICE OF FOREIGN ASSETS CONTROL OFAC ADVISORY NOTICE TO POLICHOLDERS DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT Page 2 of 2 CU SU 2003 12 07 | 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 I 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 The bodily injury or property damage occurs during the policy period and 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. 2 3. 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 Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. CU 00010413 Insurance Services Office Inc. 2012 Page 10f 18 | 0 |
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 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 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. b Page 2 of 18 Insurance Services Office Inc. 2012 CuU00010413 | 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. h. 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. i. 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 30f 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 4 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 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 Activities 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 3 Property loaned to you 4 Personal property in the care custody or control of the insured That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or 3 5 Page 4 of 18 Insurance Services Office Inc. 2012 CuU00010413 | 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.. Personal And Advertising Injury Bodily injury arising out of personal and advertising injury.. 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. 3 4 5 6 8 9 CU 00010413 Insurance Services Office Inc. 2012 Page 50f 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 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or 4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. 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 CuU00010413 | 1 |
2. Exclusions This insurance does not apply to a. Personal and advertising injury 1 Knowing Violation Of Rights Of Another 2 3 4 5 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 Arising 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. 6 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. 9 Infringement Of Copyright Patent Trademark Or Trade Secret Arising 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. CU 00010413 Insurance Services Office Inc. 2012 Page 7 of 18 | 1 |
14 Employment related Practices To a A person arising out of any i Refusal to employ that person ii Termination 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 iii 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. 15 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 d 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 j 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 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. c Page 8 of 18 Insurance Services Office Inc. 2012 CuU00010413 | 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 d 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. 3 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 ii 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 ii above. b Property damage to property i Owned occupied or used by ii 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 CuU00010413 | 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. 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 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 5 6 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. CU 00010413 Insurance Services Office Inc. 2012 Page 11 0of 18 | 1 |
SECTION Il LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made 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 CuU00010413 | 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 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 entitled 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 4 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 |
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. 11.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. 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. 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. b. 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. Al 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. c. 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. d. 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. Page 14 of 18 Insurance Services Office Inc. 2012 CuU00010413 | 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 2 CU 00010413 Insurance Services Office Inc. 2012 Page 15 of 18 | 1 |
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. 10.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. 11.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. 12.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 CuU00010413 | 1 |
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. 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 c 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. 21.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 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 organizaton 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 CuU00010413 | 1 |
CU AM 2001 12 07 HDI GLOBAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL UMBRELLA LIABILITY COVERAGE FORM AMENDATORY ENDORSEMENT THIS ENDORSEMENT AMENDS THE CONDITIONS DEFINITIONS EXCLUSIONS INSURING AGREEMENT LIMITS OF LIABILITY AND WHO IS AN INSURED SECTIONS. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial Umbrella Liability Coverage Form. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY The following wording is added to paragraph 2. Exclusions The following exclusions are added Aircraft Products and Grounding This insurance does not apply to bodily injury or property damage arising out of aircraft products or the grounding of any aircraft. Asbestos 1 Any bodily injury or property damage arising out of or caused by the actual alleged or threatened exposure at any time to an asbestos hazard or 2 Any loss cost or expense arising out of a Any claim or suit b Any request demand or order to test for monitor clean up remove dispose of encapsulate contain treat detoxify or neutralize or in any way respond to or assess the effects of an asbestos hazard or c Any claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing disposing of encapsulating containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of an asbestos hazard. Discrimination Any bodily injury arising out of any alleged or actual discrimination. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY The following exclusions are added Liquor Liability Personal and advertising injury 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 only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. This exclusion does not apply to the extent that 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. Coverage provided will follow the provisions exclusions and limitations of the underlying insurance unless otherwise directed by this insurance. Auto Coverages 1 Personal and advertising injury arising out of the ownership maintenance or use of any auto which is not a covered auto or THIS ENDORSEMENT MUST BE ATTACHED TO A CHANGE ENDORSEMENT WHEN ISSUED AFTER THE POLICY IS WRITTEN. Page 1 0of 4 CU AM 2001 12 07 | 2 |
CU AM 2001 12 07 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. Aircraft or Watercraft personal and advertising injury 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. Coverage provided will follow the provisions exclusions and limitations of the underlying insurance unless otherwise directed by this insurance or 5 Aircraft that is a Chartered by loaned to or hired by you with a paid crew and b Not owned by any insured. 4 Racing Activities personal and advertising injury 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 by an insured. Discrimination Any personal and advertising injury arising out of any alleged or actual discrimination. Employers Liability Any personal and advertising injury arising out of 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 a Whether the insured may be liable as an employer or in any other capacity and b To any obligation to share damages with or repay someone else who must pay damages because of the injury. SUPPLEMENTARY PAYMENTS COVERAGES A AND B Paragraph 1.f. is replaced by 1.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. However prejudgment interest is not included in defense costs and expenses. SECTION Il WHO IS AN INSURED Paragraph A.1.c. is replaced by c. Any reference to the Named Insured does not include any organization you newly acquire or form after the inception date of this policy. SECTION lll LIMITS OF INSURANCE Paragraph 2. is replaced by 2. The Aggregate Limit is the most we will pay for the sum of all ultimate net loss under a. Coverage A and b. Coverage B. Prejudgment interest awarded against the insured on the part of the judgment we pay. If we make an offer to pay THIS ENDORSEMENT MUST BE ATTACHED TO A CHANGE ENDORSEMENT WHEN ISSUED AFTER THE POLICY IS WRITTEN. Page 2 of 4 CU AM 2001 12 07 | 2 |
CU AM 2001 12 07 At the close of each audit period we will compute the earned premium for that period. Audit premiums are due and payable on notice to the first Named Insured shown in the Declarations. If the sum of the advance and audit premiums paid for the policy term is greater than the earned premium we will return the excess subject to the Minimum Premium to the first Named Insured shown in the Declarations. If the Limits of Insurance of this policy is used up prior to the end of the Policy Period the premium is fully earned. b. If the premium is shown in the Declarations as flat the premium for this policy is not subject to adjustment. c. If the premium is shown in the Declarations as adjustable the premium shown in the Declarations as the Advance Premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period. Audit premiums are due and payable on notice to the first Named Insured shown in the Declarations. If the sum of the advance and audit premiums paid for the policy term is greater than the earned premium we will return the excess subject to the Minimum Premium to the first Named Insured shown in the Declarations. If the Limits of Insurance of this policy is used up prior to the end of the Policy Period the premium is fully earned. d. The first Named Insured shown in the Declarations must keep records of the information we need for premium computation and send us copies at such times as we may request. The following wording is added to Transfer Of Rights Of Recovery Against Others To Us Any recoveries made shall be applied as follows 1 First to reimburse anyone who has paid damages defense costs and expenses and prejudgment interest in excess of our payments 2 Second reimburse us up to the amount we have paid for damages defense costs and expenses and prejudgment interest and 3 Last to reimburse anyone who has paid damages defense costs and expenses and prejudgment interest to which this policy was excess. Our share of the reasonable expenses incurred in securing any recovery shall not exceed the proportion of damages we paid to the total damages paid. the remaining available Limit of Insurance we will not pay any prejudgment interest based on that period of time after the offer. Each payment we make for such damages reduces the Aggregate Limit by the amount of the payment. SECTION IV CONDITIONS The following condition is added Annual Rating If this policy is issued for a period in excess of one year the premium may be revised on each annual anniversary in accordance with our rates and rules in effect at that time. Conformity With Statute Any terms of this policy that are in conflict with the statutes of the state wherein this policy is issued are hereby amended to conform to such statutes if those statutes were in effect prior to the effective date of this policy. The following conditions are replaced in whole or in part Paragraph 3.a. of Section IV Commercial Umbrella Liability Conditions Duties In The Event Of Occurrence Offense Claim Or Suit is deleted and replaced by the following You must see to it that we or our authorized representative are notified as soon as practicable of an occurrence or an offense which may result in a claim. You will not be charged with knowledge of an occurrence offense claim or suit unless the person responsible for insurance in your business has been notified of the occurrence offense claim or suit in writing. To the extent possible the 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. Paragraph 6. Premium Audit is replaced by Premium Audit We will compute all premiums for this policy in accordance with our rules and rates. If the premium is shown in the Declarations as flat the premium for this policy is not subject to adjustment. a. If the premium is shown in the Declarations as adjustable the premium shown in the Declarations as the Advance Premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period. Audit premiums are due and payable on notice to the first Named Insured shown in the Declarations. If the sum of the advance and audit premiums paid for the policy term is greater than the earned premium we will return the excess subject to the Minimum Premium to the first Named Insured shown in the Declarations. If the Limits of Insurance of this policy is used up prior to the end of the Policy Period the premium is fully earned. b. If the premium is shown in the Declarations as flat the premium for this policy is not subject to adjustment. c. If the premium is shown in the Declarations as adjustable the premium shown in the Declarations as the Advance Premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period. Audit premiums are due and payable on notice to the first Named Insured shown in the Declarations. If the sum of the advance and audit premiums paid for the policy term is greater than the earned premium we will return the excess subject to the Minimum Premium to the first Named Insured shown in the Declarations. If the Limits of Insurance of this policy is used up prior to the end of the Policy Period the premium is fully earned. d. The first Named Insured shown in the Declarations must keep records of the information we need for premium computation and send us copies at such times as we may request. The following wording is added to Transfer Of Rights Of Recovery Against Others To Us Any recoveries made shall be applied as follows 1 First to reimburse anyone who has paid damages defense costs and expenses and prejudgment interest in excess of our payments 2 Second reimburse us up to the amount we have paid for damages defense costs and expenses and prejudgment interest and 3 Last to reimburse anyone who has paid damages defense costs and expenses and prejudgment interest to which this policy was excess. Our share of the reasonable expenses incurred in securing any recovery shall not exceed the proportion of damages we paid to the total damages paid. THIS ENDORSEMENT MUST BE ATTACHED TO A CHANGE ENDORSEMENT WHEN ISSUED AFTER THE POLICY IS WRITTEN. Page 3 of 4 CU AM 2001 12 07 | 2 |
CU AM 2001 12 07 The following definitions of Section V Defi replaced by Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace provided the injury or damage does not occur in the course of travel or transportation to or from any place not included in a. above or c. Allparts of the world if 1 The injury or damage arises out of a Goods or products made or sold by the Named Insured in the territory described in a. above or b The activities of a person whose home is in the territory described in a. above but is away for a short time on the Named Insured s business and 2 The insured s responsibility to pay damages is determined in a suit on the merits in the territory described in a. above or in a settlement we agree to. Coverage territory does not include any country or jurisdiction which is subject to trade or other economic sanction or embargo by the United States of America. Retained limit means the available limits of underlying insurance listed in the Schedule of Underlying Insurance Form the self insured retention or minimum retention whichever applies. Underlying insurance means any policies of insurance listed in the Schedule of Underlying Insurance Form All other terms and conditions remain unchanged. Any different method of apportioning recoveries and expenses may be used by agreement of all those who paid damage. The following paragraph is added to paragraph 7. of Section IV Commercial Umbrella Liability Conditions Representations or Fraud Failure of the insured to disclose all hazards existing as of the inception date of the policy shall not reduce or negate the insurance afforded by this policy provided such failure or omission was not intentional. SECTION V DEFINITIONS The following definitions are added Aircraft Products means aircraft including missiles or spacecraft and any ground support or control equipment used therewith and any article furnished by the insured and installed in aircraft or used in connection with aircraft or for spare parts for aircraft or tooling used for the manufacture thereof including ground handling tools and equipment and also means training aids instructions manuals blueprints engineering or other data engineering or other advice and services and labor relating to such aircraft or articles. Asbestos means the mineral in any form including the mere presence of asbestos in clothing materials goods products or structures. Grounding means the withdrawal of one or more aircraft from operations or the imposition of speed passenger or load restrictions on such aircraft by reason of the existence of or alleged or suspected existence of any defect fault or condition in such aircraft or any part thereof sold handled or distributed by the insured or manufactured assembled or processed by any other person or organization according to specifications plans suggestions orders or drawings of the insured or with tools machinery or other equipment furnished to such persons or organizations by the insured whether such aircraft so withdrawn are owned or operated by the same or different persons or organizations. Minimum retention means the dollar amount shown in the Declarations that applies when the aggregate limit of insurance applicable to underlying insurance has been exhausted by payment of claims or suits. In the event of exhaustion of the aggregate limits of insurance applicable to underlying insurance by payment of claims or suits this insurance will continue in force as underlying insurance subject to the terms and conditions of this insurance and excess of the minimum retention. THIS ENDORSEMENT MUST BE ATTACHED TO A CHANGE ENDORSEMENT WHEN ISSUED AFTER THE POLICY IS WRITTEN. Page 4 of 4 CU AM 2001 12 07 | 2 |
CU AM 2007 12 07 HDI GERLING AMERICA INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INCIDENTAL MEDICAL MALPRACTICE This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM 1. The following is added to Section V Definitions Incidental Medical Malpractice Injury means bodily injury arising out of the rendering of or failure to render during the policy period the following services a. Medical surgical dental x ray or nursing service or treatment advice or instruction or the furnishing of food or beverages in connection therewith b. The furnishing or dispensing of drugs or medical dental or surgical supplies or appliances or This insurance does not apply to Any persons or organizations engaged in the business or occupation of providing any of the services described under paragraphs a. and b. above or Injury caused by any persons or organizations if such persons or organizations are engaged in the business or occupation of providing any of the services described under paragraphs a. and b. above. The following exclusion is added to paragraph 2. Exclusions of Section Coverages Coverage A Bodily Injury and Property Damage and Coverage B Personal and Advertising Injury Liability lllegal Pharmaceutical Sales Liability arising out of the willful or intentional violation of a criminal statute or ordinance relating to the sale of pharmaceuticals by or with the knowledge or consent of the insured.. Paragraph 1.b. 2 of Section Il Who Is An Insured does not apply to any nurse practitioner registered nurse licensed practical nurse or athletic trainer employed by you but only while performing the services described in paragraphs 1.a. and 1.b. of this endorsement and while acting within the scope of their employment by you. For the purposes of this insurance only employees covered under this endorsement shall be considered to be acting within the scope of their employment while engaged in activities generally referred to as Good Samaritan. The following is added to Section Il Limits of Insurance For the purposes of determining the applicable limits of insurance any acts or omissions together with all related acts or omissions in the furnishing of or failure to furnish services as described in paragraphs 1.a. and 2.b. of this endorsement to any one person will be considered one occurrence. All other terms and conditions of this policy remain unchanged. it advice or instruction or the f food or beverages in connection g or dispensing of drugs or medical gical supplies or appliances or e does not apply to s or organizations engaged in the occupation of providing any of the d by any persons or organizations ons or organizations are engaged ess or occupation of providing any of described under paragraphs a. and exclusion js added to 7paragraph72. THIS ENDORSEMENT MUST BE ATTACHED TO A CHANGE ENDORSEMENT WHEN ISSUED AFTER THE POLICY IS WRITTEN. Page 1 of 1 CU AM 2007 12 07 | 2 |
IL Al 4001 06 11 HDI GERLING AMERICA INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NAMED INSURED ENDORSEMENT The Named Insured is amended to read as follows Lanxess Corporation Sybron Chemicals Inc. Sybron Chemicals Holding Inc. Rhein Chemie Corporation All other terms and conditions remain the same. THIS ENDORSEMENT MUST BE ATTACHED TO A CHANGE ENDORSEMENT WHEN ISSUED AFTER THE POLICY IS WRITTEN. Page 1 of 1 IL Al 4001 06 11 | 2 |
CU EX 2016 12 07 HDI GERLING AMERICA INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LEAD EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM lead paint or other products containing lead whether or not the lead is or was at any time airborne as a particle contained in a product ingested inhaled transmitted in any fashion or found in any form whatsoever. In addition this exclusion applies to 1 The costs of clean up or removal of lead or products and materials containing lead The cost of such actions as may be necessary to monitor assess and evaluate the release or threat of release of lead or products and material containing lead The cost of disposal of lead substances or the taking of such other action that may be necessary to temporarily or permanently prevent minimize or mitigate damage to the public health or welfare or to the environment which may otherwise result 4 The cost of compliance with any law or regulation regarding lead. Cl The company does not have any obligation to defend adjust investigate or pay any cost for investigation defense adjustment or attorney fees which are excluded under the terms of this endorsement. All other terms and conditions remain unchanged. The following exclusion is added to paragraph 2. Exclusions of Section Coverages Coverage A Bodily Injury and Property Damage Liability and paragraph 2. Exclusions of Coverage B Personal and Advertising Injury Liability This insurance does not apply to bodily injury property damage or personal and advertising injury for past present or future claims arising in whole or in part either directly or indirectly out of the suspected actual or alleged Manufacture of Distribution of Transportation of Sale of Resale of Re branding of Installation of Repair of Removal of Encapsulation of Abatement of Replacement of. Carried on clothing Handling of Storage of Ingestion of Absorption of Physical exposure to or Testing for sreposgTFT R Q0DS Page 1 of 1 CU EX 2016 12 07 | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 01 3109 00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PENNSYLVANIA CHANGES This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART With respect to coverage provided by this endorse ment the provisions of the Coverage Form apply unless modified by the endorsement. Paragraph 9. Transfer Of Rights Of Recovery Against Others To Us of Section IV Conditions is replaced by the following 9. If we make any payment due to an occur rence and the insured recovers from another party in a separate claim or suit the insured shall hold the proceeds in trust for us and pay us back the amount we have paid less rea sonable attorneys fees costs and expenses incurred by the insured to the extent such payment duplicates any amount we have paid under this coverage. CU 01 3109 00 Copyright Insurance Services Office Inc. 2000 Page 1 of 1 o | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 04 00 09 00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COVERAGE FOR INJURY TO LEASED WORKERS This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART With respect to the Employer s Liability exclusion Section 1 only the definition of employee in the Definitions Section is replaced by the following Employee does not include a leased worker or a temporary worker. CU 04 00 09 00 Copyright Insurance Services Office Inc. 2000 Page 1 of 1 m | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 21080413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION INTERCOMPANY PRODUCTS SUITS This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART This insurance does not apply to any claim for damages by any Named Insured under this policy against another Named Insured under this policy because of bodily injury or property damage arising out of your products and included within the products completed operations hazard. CU 21080413 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 21271204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA 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 FUNGI OR BACTERIA a. Bodily injury or property damage which would not have occurred in whole or in part but for the actual alleged or threatened in halation of ingestion of contact with expo sure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed concurrently or in any sequence to such injury or damage. b. Any loss cost or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. This exclusion does not apply to any fungi or bacteria that are are on or are contained in a good or product intended for bodily consump tion. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Per sonal And Advertising Injury Liability 2. Exclusions This insurance does not apply to FUNGI OR BACTERIA a. Personal and advertising injury which would not have taken place in whole or in part but for the actual alleged or threat ened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed con currently or in any sequence to such injury. b. Any loss cost or expense arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. C. The following definition is added to the Definitions Section Fungi means any type or form of fungus includ ing mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. CU 21271204 ISO Properties Inc. 2003 Page 1 of 1 a | 2 |
COMMERCIAL LIABILITY UMBRELLA Cu21310115 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 indirectly out of an other act of terrorism that is committed outside of the United States including its territories and possessions and Puerto Rico but within the coverage territory. However this exclusion applies only when one or more of the following are attributed to such act 1. The total of insured damage to all types of property exceeds 25000000 valued in US dollars. In determining whether the 25000000 threshold is exceeded we will include all insured damage sustained by property of all persons and entities affected by the terrorism and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions or 2. Fifty or more persons sustain death or serious physical injury. For the purposes of this provision serious physical injury means a. Physical injury that involves a substantial risk of death or b. Protracted and obvious physical disfigurement or c. Protracted loss of or impairment of the function of a bodily member or organ or 3. The terrorism involves the use release or escape of nuclear materials or directly or indirectly results in nuclear reaction or radiation or radioactive contamination or dispersal or application of pathogenic or poisonous biological or chemical materials or 5. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials. With respect to this exclusion Paragraphs 1. and 2. describe the thresholds used to measure the magnitude of an incident of an other act of terrorism and the circumstances in which the threshold will apply for the purpose of determining whether this exclusion will apply to that incident. 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 underlying insurance to which this endorsement is applicable and includes but is not limited to bodily injury property damage personal and advertising injury injury or 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 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 a. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act Cu21310115 Insurance Services Office Inc. 2015 Page 1 of 2 | 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 individual or individuals and that appears to be part of an effort to coerce a civilian population or to influence the policy or affect the conduct of any government by coercion and the act is not a certified act of terrorism. Multiple incidents of an other act of terrorism which occur within a seventy two hour period and appear to be carried out in concert or to have a related purpose or common leadership shall be considered to be one incident. C. 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. D. If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insurance Act exceed 100 billion in a calendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. b. The act resulted in damage 1 Within the United States including its territories and possessions and Puerto Rico or 2 Outside of the United States in the case of a An air carrier as defined in Section 40102 of title 49 United States Code or United States flag vessel or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States regardless of where the loss occurs or b The premises of any United States mission and c. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. Page 2 of 2 Insurance Services Office Inc. 2015 Cu21310115 | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 2186 05 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY WITH LIMITED BODILY INJURY EXCEPTION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. Exclusion 2.t. of Section Coverage A Bodily As used in this exclusion electronic data 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. However unless Paragraph 1 above applies this exclusion does not apply to damages because of bodily injury. 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. B. The following is added to Paragraph 2. 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 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. B. The following is added to Paragraph 2. 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 218605 14 Insurance Services Office Inc. 2013 Page 1 of 1 | 2 |
POLICY NUMBER CUD10626 08 POLICY NUMBER CUD10626 08 COMMERCIAL LIABILITY UMBRELLA CU 2403 09 00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART SCHEDULE Name Of Person Or Organization As required by a written contract If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. The Transfer Of Rights Of Recovery Against Others To Us Condition under Section IV Conditions is amended by the addition of the following We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and included in the products completed operations hazard. This waiver applies only to the person or organization shown in the Schedule above. required by a written contract CU 240309 00 Copyright Insurance Services Office Inc. 2000 Page 1 of 1 m | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 24300413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF INSURED CONTRACT DEFINITION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART Paragraph 9. of the Definitions section is replaced by the following 9. Insured contract means 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 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 which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization provided the bodily injury or property damage is caused in whole or in part by you or by those acting on your behalf. However such part of a contract or agreement shall only be considered an insured contract the extent your assumption of the tort liability is permitted by law. 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 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. 2 3 CU24300413 Insurance Services Office Inc. 2012 Page 1 0of 1 | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 27000413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UNDERLYING CLAIMS MADE COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART If any underlying insurance is written on a claims f. All claims for damages because of made basis the following applies to the insurance property damage causing loss to the provided by this policy which is excess over that same person or organization will be underlying insurance deemed to have been made at the time the A. Paragraphs 1.c.2 1.c.3 1.d. 1.e. and 1.f. of first of those claims is made against any Section Coverage A Bodily Injury And insured. Property Damage Liability are replaced by the B. Paragraph 1.c. of Section Coverage B following Personal And Advertising Injury Liability is replaced by the following 1. Insuring Agreement c. This insurance applies to personal and 1. Insuring Agreement c. This insurance applies to bodily injury and property damage only if 2 The bodily injury or property damage did not occur before the Retroactive Date if any shown in the Declarations of the underlying insurance or after the end of the policy period and A claim for damages because of the bodily injury or property damage is first made against any insured in accordance with Paragraph d. below during the policy period or any Extended Reporting Period we provide under Extended Reporting Periods. d. A claim by a person or organization seeking damages will be deemed to have been made at the earlier of the following times 1 When notice of such claim is received 3 advertising injury caused by an offense arising out of your business but only if 1 The offense was committed in the coverage territory 2 The offense was not committed before the Retroactive Date if any shown in the Declarations of the underlying insurance or after the end of the policy period and A claim for damages because of the personal and advertising injury is first made against any insured in accordance with Paragraph d. below during the policy period or any Extended Reporting Period we provide under Extended Reporting Periods. 3 and recorded by any insured or by the C. The following is added to Paragraph 1. of Section underlying insurer or us if the limits of I Coverage B Personal And Advertising the underlying insurance have been Injury Liability used up whichever comes first or 1. Insuring Agreement 2 When we make settlement in d. A claim made by a person or organization accordance with Paragraph 1.a. above or settlement is made by the underlying insurer with our agreement.. All claims for damages because of bodily injury to the same person including damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury will be deemed to have been made at the time the first of those claims is made against any insured. seeking damages will be deemed to have been made at the earlier of the following times 1 When notice of such claim is received and recorded by any insured or by the underlying insurer or us if the limits of the underlying insurance have been used up whichever comes first or CU 27000413 Insurance Services Office Inc. 2012 Page 10f 3 | 2 |
2 When we make settlement in accordance with Paragraph 1.a. above or settlement is made by the underlying insurer with our agreement. All claims for damages because of personal and advertising injury to the same person or organization as a result of an offense will be deemed to have been made at the time the first of those claims is made against any insured. D. Exclusion 2.a.3 Material Published Prior To Policy Period of Section Coverage B Personal And Advertising Injury Liability is replaced by the following This insurance does not apply to a. Personal and advertising injury 3 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 Retroactive Date if any shown in the Declarations. E. The following section is added Extended Reporting Periods 1. With respect to any underlying insurance written on a claims made basis we will provide one or more Extended Reporting Periods as described below if a. This Coverage Part is canceled or not renewed or b. Underlying insurance written on a claims made basis is renewed or replaced with insurance that 1 Has a Retroactive Date later than the date shown in the Declarations of the underlying insurance or 2 Does not apply to bodily injury property damage or personal and advertising injury on a claims made basis. 2. Extended Reporting Periods do not extend the policy period or change the scope of coverage provided. They apply only to claims for a. Bodily injury or property damage that occurs before the end of the policy period but not before the Retroactive Date if any shown in the Declarations of the underlying insurance or b. Personal and advertising injury caused by an offense committed before the end of the policy period but not before the Retroactive Date if any shown in the Declarations of the underlying insurance. Once in effect Extended Reporting Periods may not be canceled.. A Basic Extended Reporting Period is automatically provided without additional charge. This period starts with the end of the policy period and lasts for a. Five years with respect to claims because of bodily injury and property damage arising out of an occurrence reported to us not later than 60 days after the end of the policy period in accordance with the Duties In The Event Of Occurrence Offense Claim Or Suit Condition b. Five years with respect to claims because of personal and advertising injury arising out of an offense reported to us not later than 60 days after the end of the policy period in accordance with the Duties In The Event Of Occurrence Offense Claim Or Suit Condition and c. Sixty days with respect to claims arising from occurrences or offenses not previously reported to us. The Basic Extended Reporting Period does not apply to claims that are covered under any subsequent insurance you purchase or that would be covered but for exhaustion of the amount of insurance applicable to such claims.. The Basic Extended Reporting Period does not reinstate or increase the Limits of Insurance.. A Supplemental Extended Reporting Period of unlimited duration is available but only by an endorsement and for an extra charge. This supplemental period starts when the Basic Extended Reporting Period set forth in Paragraph 3. above ends. You must give us a written request for the endorsement within 60 days after the end of the policy period. The Supplemental Extended Reporting Period will not go into effect unless you pay the additional premium promptly when due. Page 2 0f 3 Insurance Services Office Inc. 2012 CU 27000413 | 2 |
We will determine the additional premium in accordance with our rules and rates. In doing so we may take into account the following a. The exposures insured on a claims made basis b. Previous types and amounts of insurance c. Limits of Insurance available under this Coverage Part for future payment of damages and d. Other related factors. This endorsement shall set forth the terms not inconsistent with this section applicable to the Supplemental Extended Reporting Period. 6. If the Supplemental Extended Reporting Period is in effect we will provide a supplemental aggregate limit of insurance equal to the dollar amount of the Aggregate Limit shown in the Declarations in effect at the end of the policy period but only for claims first received and recorded during the Supplemental Extended Reporting Period. Limits of Insurance will be amended accordingly. The Personal And Advertising Injury Limit and the Each Occurrence Limit shown in the Declarations will then continue to apply. CU 27000413 Insurance Services Office Inc. 2012 Page 30f 3 | 2 |
IL00 17 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.. 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. IL00 17 11 98 Copyright Insurance Services Office Inc. 1998 Page 1 of 1 m | 2 |
IL01201013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PENNSYLVANIA CHANGES DEFENSE COSTS This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART LEGAL LIABILITY COVERAGE FORM COMMERCIAL PROPERTY COVERAGE PART MORTGAGEHOLDER S ERRORS AND OMISSIONS COVERAGE FORM 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 RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK COVERAGE PART A. The provisions of Paragraph B. are added to all Insuring Agreements that set forth a duty to defend under 1. Section I of the Commercial General Liability Commercial Liability Umbrella Electronic Data Liability Employment related Practices Liability Farm Liquor Liability Medical Professional Liability Owners And Contractors Protective Liability Pollution Liability Product Withdrawal Products Completed Operations Liability Railroad Protective Liability and Underground Storage Tank Coverage Parts Auto Dealers Coverage Form and the Farm Umbrella Liability Policy 2. Section Il under the Auto Dealers Business Auto and Motor Carrier Coverage Forms 3. Section Il under the Auto Dealers and Motor Carrier Coverage Forms 4. Section A. Coverage under the Legal Liability Coverage Form and 5. Coverage C Mortgageholder s Liability under the Mortgageholder s Errors And Omissions Coverage Form. Paragraph B. also applies to any other provision in the policy that sets forth a duty to defend.. If we initially defend an insured insured or pay for an insured s insured s defense but later determine that none of the claims claims for which we provided a defense or defense costs are covered under this insurance we have the right to reimbursement for the defense costs we have incurred. The right to reimbursement under this provision will only apply to the costs we have incurred after we notify you in writing that there may not be coverage and that we are reserving our rights to terminate the defense or the payment of defense costs and to seek reimbursement for defense costs. Insurance Services Office Inc. 2013 Page 1 of 1 IL01201013 | 2 |
IL 02 46 09 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PENNSYLVANIA CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM QUTPUT 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 A. The Cancellation Common Policy Condition is replaced by the following CANCELLATION 1. The first Named Insured shown in the Declara tions may cancel this policy by writing or giving notice of cancellation. 2. Cancellation Of Policies In Effect For Less Than 60 Days We may cancel this policy by mailing or deliv ering to the first Named Insured written notice of cancellation at least 30 days before the ef fective date of cancellation. 3. Cancellation Of Policies In Effect For 60 Days Or More If this policy has been in effect for 60 days or more or if this policy is a renewal of a policy we issued we may cancel this policy only for one or more of the following reasons a. You have made a material misrepresenta tion which affects the insurability of the risk. Notice of cancellation will be mailed or de livered at least 15 days before the effective date of cancellation. b. You have failed to pay a premium when due whether the premium is payable di rectly to us or our agents or indirectly under a premium finance plan or extension of credit. Notice of cancellation will be mailed at least 15 days before the effective date of cancellation. c. A condition factor or loss experience mate rial to insurability has changed substantially or a substantial condition factor or loss ex perience material to insurability has be come known during the policy period. No tice of cancellation will be mailed or delivered at least 60 days before the effec tive date of cancellation. d. Loss of reinsurance or a substantial de crease in reinsurance has occurred which loss or decrease at the time of cancella tion shall be certified to the Insurance Commissioner as directly affecting in force policies. Notice of cancellation will be mailed or delivered at least 60 days before the effective date of cancellation. IL 02 46 09 07 ISO Properties Inc. 2006 Page 1 of 2 a | 2 |
e. Material failure to comply with policy terms conditions or contractual duties. Notice of cancellation will be mailed or delivered at least 60 days before the effective date of cancellation. f. Other reasons that the Insurance Commis sioner may approve. Notice of cancellation will be mailed or delivered at least 60 days before the effective date of cancellation. This policy may also be cancelled from inception upon discovery that the policy was obtained through fraudulent statements omissions or con cealment of facts material to the acceptance of the risk or to the hazard assumed by us. 4. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. Notice of cancellation will state the specific reasons for cancellation. 5. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 6. 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 and will be returned within 10 business days after the ef fective date of cancellation. If the first Named Insured cancels the refund may be less than pro rata and will be returned within 30 days af ter the effective date of cancellation. The can cellation will be effective even if we have not made or offered a refund. 7. If notice is mailed it will be by registered or first class mail. Proof of mailing will be sufficient proof of notice. B. The following are added and supersede any provi sions to the contrary 1. Nonrenewal If we decide not to renew this policy we will mail or deliver written notice of nonrenewal stating the specific reasons for nonrenewal to the first Named Insured at least 60 days before the expiration date of the policy. 2. Increase Of Premium If we increase your renewal premium we will mail or deliver to the first Named Insured writ ten notice of our intent to increase the premium at least 30 days before the effective date of the premium increase. Any notice of nonrenewal or renewal premium in crease will be mailed or delivered to the first Named Insured s last known address. If notice is mailed it will be by registered or first class mail. Proof of mailing will be sufficient proof of notice. Page 2 of 2 ISO Properties Inc. 2006 IL 02 46 09 07 o | 2 |
IL 09 10 07 02 PENNSYLVANIA NOTICE An Insurance Company its agents employees or service contractors acting on its behalf may provide services to reduce the likelihood of injury death or loss. These services may include any of the following or related services incident to the application for issuance renewal or continuation of a policy of insur ance 1. Surveys 2. Consultation or advice or 3. Inspections. The Insurance Consultation Services Exemption Act of Pennsylvania provides that the Insurance Com pany its agents employees or service contractors acting on its behalf is not liable for damages from injury death or loss occurring as a result of any act or omission by any person in the furnishing of or the failure to furnish these services. The Act does not apply 1. If the injury death or loss occurred during the actual performance of the services and was caused by the negligence of the Insurance Com pany its agents employees or service contractors. To consultation services required to be performed under a written service contract not related to a policy of insurance or. If any acts or omissions of the Insurance Com pany its agents employees or service contractors are judicially determined to constitute a crime ac tual malice or gross negligence. Instruction to Policy Writers Attach the Pennsylvania Notice to all new and renewal certificates insuring risks located in Pennsylvania. ISO Properties Inc. 2001 Page 1 of 1 o IL 09 10 07 02 | 2 |
HDI GERLING AMERICA INSURANCE COMPANY MANUSCRIPT ENDORSEMENT No. 1 Policy Number CUD10626 08 Named Insured Lanxess Corporation Policy Period Inception M D Y Expiration M D Y Effective Date and Time of Endorsement 12312015 12312016 12312015 1201 a.m. Standard Time at Address of the Insured This Endorsement Changes The Policy. Please Read It Carefully. BATCH CLAUSE Any two or more occurrences taking place during the insurance period of this policy or any replacement thereof insured by this company and which are attributable directly indirectly or allegedly to the same actual or alleged event condition cause defect hazard andor failure to warn shall be combined and treated as one occurrence batch which is deemed irrespective of the actual occurrence dates to have occurred at the earliest date any one occurrence of the batch has occurred. This insurance only applies to those batches that are detected as a batch problem during this or any subsequent policy period. In that case all subsequent occurrences resulting from one of those batches are included within the limit of liability of this policy. If the coverage under this policy is subject to a deductible or self insured retention SIR which is applicable to each occurrence then all occurrences combined into one batch are deemed to be one occurrence subject to one deductible or SIR. The applicable policy deductible for any one batch applies. All other terms and conditions remain unchanged. | 2 |
HDI GERLING AMERICA INSURANCE COMPANY MANUSCRIPT ENDORSEMENT No. 2 Policy Number CUD10626 08 Named Insured Lanxess Corporation Policy Period Inception M D Y Expiration M D Y Effective Date and Time of Endorsement 12 31 2015 12 31 2016 12 31 2015 1201 a.m. Standard Time at Address of the Insured. This Endorsement Changes The Policy. Please Read It Carefully. SILICA DUST AND PARTICULATE MATTER EXCLUSION This insurance modifies insurance provided under the following Commercial Umbrella Liability 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 suspected 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 existence 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 containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of silica or silica related dust by any insured or by any other person or entity. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions 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 ingestion of contact with exposure to existence of or presence of silica or silica related dust. b. Any loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of silica or silica related dust by any insured or by any other person or entity. C. The following definitions are added to the Definitions Section 1. Silica means silicon dioxide occurring in crystalline amorphous and impure forms silica particles silica dust or silica compounds. 2. Silica related dust means a mixture or combination of silica and other dust or particles. Al other terms and conditions of this policy remain unchanged. | 2 |
HDI GERLING AMERICA INSURANCE COMPANY MANUSCRIPT ENDORSEMENT No. 3 Policy Number CUD10626 08 Named Insured Lanxess Corporation Policy Period Inception M D Y Expiration M D Y Effective Date and Time of Endorsement 12 31 2015 12 31 2016 12 31 2015 1201 a.m. Standard Time at Address of the Insured. This Endorsement Changes The Policy. Please Read It Carefully. EXCLUSION SPECIFIC SUBSTANCES This insurance modifies insurance provided under the following Commercial Umbrella Liability Coverage Part This insurance does not apply to bodily injury property damage or personal and advertising injury for past present or future claims arising in whole or in part either directly or indirectly out of the suspected actual or alleged manufacture of distribution of transportation of sale of resale of re branding of installation of repair of removal of encapsulation of abatement of replacement of carried on clothing handling of storage of ingestion of absorption of physical exposure to or testing for Persistant Organic Pollutants POP incl. Polychlorinated biphenyls dioxins urea formaldehyde chromated copper arsenates CCA tributyl tin compounds polybromated diphenyl ethers atrazine methyl tertiary butyl ether MTBE Agent Orange Benomyl Talcosis chlorofluorocarbon CFC perfluoro octane sulfonates PFOS glycerine triacetate natural rubber latex genetic modified organisms GMO silicon implantates blood and biological products In addition this exclusion applies to 1 The costs of clean up or removal related to the substances excluded under this endorsement 2 The cost of such actions as may be necessary to monitor assess and evaluate the release or threat of release 3 The cost of disposal of above mentioned substances or the taking of such other action that may be necessary to temporarily or permanently prevent minimize or mitigate damage to the public health or welfare or to the environment which may otherwise result 4 The cost of compliance with any law or regulation. | 2 |
The company does not have any obligation to defend adjust investigate or pay any cost for investigation defense adjustment or attorney fees which are excluded under the terms of this endorsement. Al other terms and conditions of this policy remain unchanged. | 2 |
HDI GERLING AMERICA INSURANCE COMPANY MANUSCRIPT ENDORSEMENT No. 4 Policy Number CUD10626 08 Named Insured Lanxess Corporation Policy Period Inception M D Y Expiration M D Y Effective Date and Time of Endorsement 12 31 2015 12 31 2016 12 31 2015 1201 a.m. Standard Time at Address of the Insured. This Endorsement Changes The Policy. Please Read It Carefully. EXCLUSION TOBACCO AND TOBACCO PRODUCTS This insurance modifies insurance provided under the following Commercial Umbrella Liability Coverage Part This insurance does not apply to 1. Any liability in which or in part arising out of or in any way related to the existence presence manufacture processing handling sale distribution ingestion inhalation exhalation absorption consumption use of or exposure to Tobacco or Tobacco Products including but not limited to a. Any material or substance which is contained in or which forms a part of any Tobacco Product b. Any by products of Tobacco or Tobacco Products c. Any supervision instructions recommendations notices warnings or advice given or which should have been given in connection with Tobacco or Tobacco products or d. Any act error omission or other conduct committed in the course of advertising or promoting Tobacco or Tobacco products. 2. Any injury to any person caused or aggravated by anything described in Paragraph 1. above or to which anything described in Paragraph 1. above has contributed. For the purpose of this exclusion 1. Tobacco includes but is not limited to a. Tobacco in any form whether or not contained in or incorporated into products or goods or b. Tobacco smoke or fumes including second hand smoke. 2. Tobacco products means any products or goods that contain Tobacco. Al other terms and conditions of this policy remain unchanged. | 2 |
HDI GERLING AMERICA INSURANCE COMPANY MANUSCRIPT ENDORSEMENT No. 5 Policy Number CUD10626 08 Named Insured Lanxess Corporation Policy Period Inception M D Y Expiration M D Y Effective Date and Time of Endorsement 12 31 2015 12 31 2016 12 31 2015 1201 a.m. Standard Time at Address of the Insured. This Endorsement Changes The Policy. Please Read It Carefully. FELLOW EMPLOYEE COVERAGE This insurance modifies insurance provided under the following Commercial Umbrella Liability Coverage Part Section II Who Is An Insured paragraph 1.b. 1 a i i and III are deleted Coverage under this endorsement is excess over any other insurance whether primary excess contingent or on any other basis written specifically to apply of this policy. All other terms and conditions of this policy remain unchanged. | 2 |
HDI GERLING AMERICA INSURANCE COMPANY MANUSCRIPT ENDORSEMENT No. 6 Policy Number CUD10626 08 Named Insured Lanxess Corporation Policy Period Inception M D Y Expiration M D Y Effective Date and Time of Endorsement 12 31 2015 12 31 2016 12 31 2015 1201 a.m. Standard Time at Address of the Insured. This Endorsement Changes The Policy. Please Read It Carefully. SUPPLEMENTARY PAYMENTS ENDORSEMENT This insurance modifies insurance provided under the following Commercial Umbrella Liability Coverage Part SUPPLEMENTARY PAYMENTS COVERAGES A AND B Paragraph 1. of Supplementary Payments Coverages A and B of Section Coverages is deleted and replaced by 1. We will pay with respect to any claim we investigate or settle any suit against an insured we defend when the duty to defend exists a. b. All expenses we incur. Up to 300 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 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. 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 300 a day because of time off from work. All costs taxed against the insured in the suit. Pre judgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any pre judgment interest based on that period of time after the offer. These payments will reduce the limits of insurance. All other terms and conditions remain unchanged. | 2 |
HDI GERLING AMERICA INSURANCE COMPANY MANUSCRIPT ENDORSEMENT No. 7 Policy Number CUD10626 08 Named Insured Lanxess Corporation Policy Period Inception M D Y Expiration M D Y Effective Date and Time of Endorsement 12 31 2015 12 31 2016 12 31 2015 1201 a.m. Standard Time at Address of the Insured. This Endorsement Changes The Policy. Please Read It Carefully. ACQUIRED IMMUNE DEFICIENCY SYNDROME A.L.D.S. EXCLUSION This insurance modifies insurance provided under the following Commercial Umbrella Liability Coverage Part The following exclusion is added to paragraph 2. Exclusions of Section I Coverages Coverage A Bodily Injury and Property Damage and paragraph 2. Exclusions of Section I Coverages Coverage B Personal and Advertising Injury This insurance does not apply to Any liability arising directly or indirectly in whole or in part out of contributed to resulting from or transmission of Acquired Immune Deficiency Syndrome A.LD.S. A.LD.S. Related Complex or any communicable disease or condition linked to Human Immunodeficiency Virus HIV also known as Human T Cell Lymphotrophic Virus 1l HTVL 111. All other terms and conditions remain the same. | 2 |
HDI GERLING AMERICA INSURANCE COMPANY Date 02022016 Lanxess Corporation Re Anti Fraud Warning Statement Requirements Policy Number CUD10626 08 Pursuant to statutory requirements we are required to inform you of the specific Anti Fraud Warning Statement that is required on all applications for insurance. Some jurisdictions require your signature. Carefully review the attached form which includes the appropriate anti fraud statement. Please sign the attachment where necessary if you are domiciled in a state that requires your signature and return it to us as soon as possible. Thank you for your cooperation. ak James Clark Chief Underwriting Officer Sincerely 161 North Clark Street 48 Floor Chicago 11 60601 113004 MS 08 11 | 2 |
113005 MS 08 13 HDI GERLING AMERICA INSURANCE COMPANY STATE FRAUD STATEMENTS APPLICABLE IN ARKANSAS ARKANSAS FRAUD STATEMENT Any person who knowingly presents a false or fraudulent claim for payment of loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. APPLICABLE IN COLORADO COLORADO FRAUD STATEMENT It is unlawful to knowingly provide false incomplete or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment fines denial of insurance and civil damages. Any insurance company or agent of insurance company who knowingly provide false incomplete or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado division of Insurance within the department of regulatory agencies. APPLICABLE IN DISTRICT OF COLUMBIA DISTRICT OF COLUMBIA FRAUD STATEMENT WARNING It is a crime to provide false or misleading information to an insurer for the purpose of defrauding the insurer or any other person. Penalties include imprisonment fines and denial of insurance benefits. APPLICABLE IN FLORIDA FLORIDA FRAUD STATEMENT Any person who knowingly and with intent to injure defraud or deceive any insurer files a statement of claim or an application containing any false incomplete or misleading information is guilty of a felony of the third degree. APPLICABLE IN HAWAII HAWAII FRAUD STATEMENT For your protection Hawaii law requires you to be informed that presenting a fraudulent claim for payment of a loss or benefit is a crime punishable by fines or imprisonment or both. 10of4 113005 MS 08 13 | 2 |
113005 MS 08 13 APPLICABLE IN KANSAS KANSAS FRAUD STATEMENT 40 2118. Fraudulent insurance act defined penalty notification of commissioner when antifraud plan. a For purposes of this act a fraudulent insurance act means an act committed by any person who knowingly and with intent to defraud presents causes to be presented or prepares with knowledge or belief that it will be presented to or by an insurer purported insurer broker or any agent thereof any written statement as part of or in support of an application for the issuance of or the rating of an insurance policy for personal or commercial insurance or a claim for payment or other benefit pursuant to an insurance policy for commercial or personal insurance which such person knows to contain materially false information concerning any fact material thereto or conceals for the purpose of misleading information concerning any fact material thereto. b An insurer that has knowledge or a good faith belief that a fraudulent insurance act is being or has been committed shall provide to the commissioner on a form prescribed by the commissioner any and all information and such additional information relating to such fraudulent insurance act as the commissioner may require. c Any other person that has knowledge or a good faith belief that a fraudulent insurance act is being or has been committed may provide to the commissioner on a form prescribed by the commissioner any and all information and such additional information relating to such fraudulent insurance act as the commissioner may request. d 1 Each insurer shall have antifraud initiatives reasonably calculated to detect fraudulent insurance acts. Antifraud initiatives may include fraud investigators who may be insurer employees or independent contractors or an antifraud plan submitted to the commissioner no later than July 1 2007. Each insurer that submits an antifraud plan shall notify the commissioner of any material change in the information contained in the antifraud plan within 30 days after such change occurs. Such insurer shall submit to the commissioner in writing the amended antifraud plan. The requirement for submitting any antifraud plan or any amendment thereof to the commissioner shall expire on the date specified in paragraph 2 of this subsection unless the legislature reviews and reenacts the provisions of paragraph 2 pursuant to K.S.A. 45 229 and amendments thereto. 2 Any antifraud plan or any amendment thereof submitted to the commissioner for informational purposes only shall be confidential and not be a public record and shall not be subject to discovery or subpoena in a civil action unless following an in camera review the court determines that the antifraud plan is relevant and otherwise admissible under the rules of evidence set forth in article 4 of chapter 60 of the Kansas Statutes Annotated and amendments thereto. The provisions of this paragraph shall expire on July 1 2016 unless the legislature reviews and reenacts this provision pursuant to K.S.A. 45 229 and amendments thereto prior to July 1 2016. e Except as otherwise specifically provided in subsection a of K.S.A. 2012 Supp. 21 5812 and amendments thereto and K.S.A. 44 5125 and amendments thereto a fraudulent insurance act shall constitute a severity level 6 nonperson felony if the amount involved is 25000 or more a severity level 7 nonperson felony if the amount is at least 5000 but less than 25000 a severity level 8 nonperson felony if the amount is at least 1000 but less than 5000 and a class C nonperson misdemeanor if the amount is less than 1000. Any combination of fraudulent acts as defined in subsection a which occur in a period of six consecutive months which involves 25000 or more shall have a presumptive sentence of imprisonment regardless of its location on the sentencing grid block. f In addition to any other penalty a person who violates this statute shall be ordered to make restitution to the insurer or any other person or entity for any financial loss sustained as a result of such violation. An insurer shall not be required to provide coverage or pay any claim involving a fraudulent insurance act. 9 This act shall apply to all insurance applications ratings claims and other benefits made pursuant to any insurance policy. APPLICABLE IN KENTUCKY KENTUCKY FRAUD STATEMENT Any person who knowingly presents a fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. 20f4 113005 MS 08 13 | 2 |
113005 MS 08 13 APPLICABLE IN LOUISIANA LOUISIANA FRAUD STATEMENT Any person who knowingly presents a fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. APPLICABLE IN MAINE MAINE FRAUD STATEMENT It is a crime to knowingly provide false incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties may include imprisonment fines and denial of insurance benefits. APPLICABLE IN NEW JERSEY NEW JERSEY FRAUD STATEMENT Any person who includes any false or misleading information on an application for an insurance policy is subject to criminal and civil penalties. Applicant s Signature Date APPLICABLE IN NEW MEXICO NEW MEXICO FRAUD STATEMENT Any person who knowingly presents a false or fraudulent claim for payment of loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to civil fines and criminal penalties. APPLICABLE IN NEW YORK NEW YORK FRAUD STATEMENT Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading information concerning any fact material thereto commits a fraudulent act which is a crime and shall also be subject to a civil penalty not to exceed five thousand dollars and the stated value of the claim for each such violation. Applicant s Signature Date APPLICABLE IN OKLAHOMA OKLAHOMA FRAUD STATEMENT Any person who knowingly and with intent to injure defraud or deceive any insurer makes any claim for the proceeds of an insurance policy containing any false incomplete or misleading information is guilty of a felony. 3of4 113005 MS 08 13 | 2 |
113005 MS 08 13 APPLICABLE IN PENNSYLVANIA PENNSYLVANIA FRAUD STATEMENT Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading information concerning any fact material thereto commits a fraudulent insurance act which is crime and subjects such person to criminal and civil penalties. APPLICABLE IN VIRGNIA VIRGNIA FRAUD STATEMENT It is a crime to knowingly provide false incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment fines and denial of insurance. 40f4 113005 MS 08 13 | 2 |
IL AM 4001 10 11 HDI GERLING AMERICA INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ECONOMIC OR TRADE SANCTIONS In accordance with the laws regulations or resolutions of the United Nations the European Union any of its member states or the United States concerning economic and trade embargoes this policy is void from its inception with respect to any term or condition of this policy that violates any such laws regulations or resolution. All other terms and conditions of this policy remain unchanged. Page 1 of 1 1L AM 4001 10 11 | 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 Treas ury s web site httpwww.treas.gov ofac. In accordance with OFAC regulations if it is determined that you or any other insured or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person as identified by OFAC this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. IL P 001 01 04 ISO Properties Inc. 2004 Page 1 of 1 | 2 |
POLICY NUMBER CUD10626 08 POLICY NUMBER CUD10626 08 IL 09 8501 15 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 1374 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 84 Year 20 15 Refer to Paragraph B. in this endorsement. Federal share of terrorism losses 85 Year 20 16 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 15 Year 20 16 IL 09 8501 15 Insurance Services Office Inc. 2015 Page 1 of 2 | 2 |
B. Disclosure Of Federal Parti 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. pation In Payment 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 IL09 850115 | 2 |
505 Eagleview Boulevard Suite 100 PO Box 636 Exton PA 19341 0636 USA Phone 800327 1414 161 Fax 161 Sharon. Kahles Halmxlgroup.com Xlgroup.cominsural May 19 2014 Pierburg US LLC 5 Southchase Court Fountain Inn SC 29644 Thank you for placing your insurance coverage with the U.S. Incoming Casualty Unit of XL Insurance. Sincerely i o p Do fibte Hebir Sharon Kahles Halm CPCU Sr. Underwriter Assistant Vice President Global Incoming XL Group Sharon.KahlesHalmxlgroup.com 505 Eagleview Blvd. Suite 100 Exton PA 19341 0636 | 2 |
XLGroup Insurance x L CLAIM REPORTING INSTRUCTIONS New claims can be reported by phone fax mail or email 24 hours a day seven days a week 365 days a year. Please include if available the name address and phone number for all relevant parties the date and time of loss the location of the loss a description of the loss and any damage information. If reporting by phone please be sure to indicate if the claim involves a fatality serious bodily injury pollution spill or requires immediate response. Phone Fax Phone 1 800 823 7351 Toll Free Fax 1 866 262 9002 Toll Free 1 678 819 7388 Toll Email napropcasclaimnewnoticesxlgroup.com New Claims Notices Email napropcasclaimsxlgroup.com All Other Claims Correspondence USPS Mail XL Group PO Box 614002 Orlando FL 32861 4002 Overnight Mail XL Group 4209 Vineland Road Suite J2 Orlando FL 32811 INSTRUCTIONS FOR REQUESTING LOSS RUNS Due to privacy issues US Incoming Casualty can only honor requests for loss runs when submitted in writing by our broker of record or by the Insured on their company letterhead. To request a copy of loss runs for your policy please submit your request to USIncomingLossRunRequestsxIgroup.com USICR Incoming 102012 2012 X.L. America Inc. All rights reserved. | 2 |
NOTICE TO POLICYHOLDERS POTENTIAL EXPIRATION REPLACEMENT OR REVISION OF THE TERRORISM RISK INSURANCE PROGRAM REAUTHORIZATION ACT OF 2007 This Notice is intended to advise you of potential changes to your policy that may occur in the future depending on the outcome of legislation that is scheduled to expire as described below. This Notice applies to coverage under the following policy forms Commercial Umbrella Liability Policy Commercial Excess Follow Form and Umbrella Liability Policy Excess Liability Policy The annual premium for Certified Acts of Terrorism and Other Acts of Terrorism coverage provided under this policy is calculated based in part on the federal participation in payment of terrorism losses as set forth in the Terrorism Risk Insurance Program Reauthorization Act of 2007 hereinafter referred to as the Program which is scheduled to terminate on 123114 unless extended by the federal government. If the Program a is not renewed extended or replaced by any other similar law act or provision or b is renewed extended or replaced without the mandatory requirement to make terrorism coverage available to you andor with an increase in insurance carrier s statutory deductible percentages decrease in federal government s statutory percentage share in potential terrorism losses above such deductible andor includes provisions that redefine terrorism or revise terms and conditions that differ from current in force legislation then no Certified Acts of Terrorism or any other terrorism coverage will be provided under this policy after December 31 2014. If a or b occurs then a Terrorism Exclusion will be added to your policy effective January 1 2015 where legally allowable excluding coverage for Certified Acts of Terrorism or any other terrorism coverage provided under the Program or any other post Program Terrorism coverage. If you paid Terrorism premium for a policy term post December 31 2014 then the pro rated portion of the Terrorism premium paid will be returned to you. PN392 0114 TR Page 1 of 1 2014 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
FRAUD NOTICE Arkansas Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. Colorado It is unlawful to knowingly provide false incomplete or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment fines denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false incomplete or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. District of Columbia WARNING It is a crime to provide false or misleading information to an insurer for the purpose of defrauding the insurer or any other person. Penalties include imprisonment andor fines. In addition an insurer may deny insurance benefits if false information materially related to a claim was provided by the applicant. Florida Any person who knowingly and with intent to injure defraud or deceive any insurer files a statement of claim or an application containing any false incomplete or misleading information is guilty of a felony of the third degree. Kansas A fraudulent insurance act means an act committed by any person who knowingly and with intent to defraud presents causes to be presented or prepares with knowledge or belief that it will be presented to or by an insurer purported insurer broker or any agent thereof any written statement as part of or in support of an application for the issuance of or the rating of an insurance policy for personal or commercial insurance or a claim for payment or other benefit pursuant to an insurance policy for commercial or personal insurance which such person knows to contain materially false information concerning any fact material thereto or conceals for the purpose of misleading information concerning any fact material thereto. Kentucky Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance containing any materially false information or conceals for the purpose of misleading information concerning any fact material thereto commits a fraudulent insurance act which is a crime. Louisiana Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. Maine It is a crime to knowingly provide false incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties may include imprisonment fines or denial of insurance benefits. Maryland Any person who knowingly and willfully presents a false or fraudulent claim for payment of a loss or benefit or who knowingly or willfully presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. New Jersey Any person who includes any false or misleading information on an application for an insurance policy is subject to criminal and civil penalties. New Mexico ANY PERSON WHO KNOWINGLY PRESENTS A FALSE OR FRAUDULENT CLAIM FOR PAYMENT OF A LOSS OR BENEFIT OR KNOWINGLY PRESENTS FALSE INFORMATION IN AN APPLICATION FOR INSURANCE IS GUILTY OF A CRIME AND MAY BE SUBJECT TO CIVIL FINES AND CRIMINAL PENALTIES. olumbia PN CW 010613 Page 10f3 2013 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
NUVIIVE TV FUVLILVLTIAVLUECNO New York General All applications for commercial insurance other than automobile insurance Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading information concerning any fact material thereto commits a fraudulent insurance act which is a crime and shall also be subject to a civil penalty not to exceed five thousand dollars and the stated value of the claim for each such violation. All applications for automobile insurance and all claim forms Any person who knowingly makes or knowingly assists abets solicits or conspires with another to make a false report of the theft destruction damage or conversion of any motor vehicle to a law enforcement agency the department of motor vehicles or an insurance company commits a fraudulent insurance act which is a crime and shall also be subject to a civil penalty not to exceed five thousand dollars and the value of the subject motor vehicle or stated claim for each violation. Fire Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance containing any false information or conceals for the purpose of misleading information concerning any fact material thereto commits a fraudulent insurance act which is a crime. The proposed insured affirms that the foregoing information is true and agrees that these applications shall constitute a part of any policy issued whether attached or not and that any willful concealment or misrepresentation of a material fact or circumstances shall be grounds to rescind the insurance policy. Ohio Any person who with intent to defraud or knowing that he is facilitating a fraud against an insurer submits an application or files a claim containing a false or deceptive statement is guilty of insurance fraud. Oklahoma WARNING Any person who knowingly and with intent to injure defraud or deceive any insurer makes any claim for the proceeds of an insurance policy containing any false incomplete or misleading information is guilty of a felony. Pennsylvania All Commercial Insurance Except As Provided for Automobile Insurance Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading information concerning any fact material thereto commits a fraudulent insurance act which is a crime and subjects such person to criminal and civil penalties. Automobile Insurance Any person who knowingly and with intent to injure or defraud any insurer files an application or claim containing any false incomplete or misleading information shall upon conviction be subject to imprisonment for up to seven years and the payment of a fine of up to 15000. Puerto Rico Any person who knowingly and with the intention of defrauding presents false information in an insurance application or presents helps or causes the presentation of a fraudulent claim for the payment of a loss or any other benefit or presents more than one claim for the same damage or loss shall incur a felony and upon conviction shall be sanctioned for each violation by a fine of not less than five thousand dollars 5000 and not more than ten thousand dollars 10000 or a fixed term of imprisonment for three 3 years or both penalties. Should aggravating circumstances be present the penalty thus established may be increased to a maximum of five 5 years if extenuating circumstances are present it may be reduced to a minimum of two 2 years. PN CW 01 0613 Page 2 of 3 2013 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
NUITIVE TV FULILVLTINVLULCNO Rhode Island Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. Tennessee All Commercial Insurance Except As Provided for Workers Compensation It is a crime to knowingly provide false incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment fines and denial of insurance benefits. Workers Compensation It is a crime to knowingly provide false incomplete or misleading information to any party to a workers compensation transaction for the purpose of committing fraud. Penalties include imprisonment fines and denial of insurance benefits. Utah Workers Compensation Any person who knowingly presents false or fraudulent underwriting information files or causes to be filed a false or fraudulent claim for disability compensation or medical benefits or submits a false or fraudulent report or billing for health care fees or other professional services is guilty of a crime and may be subject to fines and confinement in state prison. Virginia It is a crime to knowingly provide false incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment fines and denial of insurance benefits. Washington It is a crime to knowingly provide false incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment fines and denial of insurance benefits. West Virginia Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. All Other States Any person who knowingly and willfully presents false information in an application for insurance may be guilty of insurance fraud and subject to fines and confinement in prison. In Oregon the aforementioned actions may constitute a fraudulent insurance act which may be a crime and may subject the person to penalties. PN CW 010613 Page 3 0of 3 2013 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
NUITIVE TV FULILVLTINVLULCNO PRIVACY POLICY The XL America Inc. insurance group the Companies believes personal information that we collect about our customers potential customers and proposed insureds referred to collectively in this Privacy Policy as customers must be treated with the highest degree of confidentiality. For this reason and in compliance with the Title V of the Gramm Leach Bliley Act GLBA we have developed a Privacy Policy that applies to all of our companies. For purposes of our Privacy Policy the term personal information includes all information we obtain about a customer and maintain in a personally identifiable way. In order to assure the confidentiality of the personal information we collect and in order to comply with applicable laws all individuals with access to personal information about our customers are required to follow this policy. Our Privacy Promise Your privacy and the confidentiality of your business records are important to us. Information and the analysis of information is essential to the business of insurance and critical to our ability to provide to you excellent cost effective service and products. We understand that gaining and keeping your trust depends upon the security and integrity of our records concerning you. Accordingly we promise that 1. We will follow strict standards of security and confidentiality to protect any information you share with us or information that we receive about you 2. We will verify and exchange information regarding your credit and financial status only for the purposes of underwriting policy administration or risk management and only with reputable references and clearinghouse services 3. We will not collect and use information about you and your business other than the minimum amount of information necessary to advise you about and deliver to you excellent service and products and to administer our business 4. We will train our employees to handle information about you or your business in a secure and confidential manner and only permit employees authorized to use such information to have access to such information 5. We will not disclose information about you or your business to any organization outside the XL insurance group of Companies or to third party service providers unless we disclose to you our intent to do so or we are required to do so by law 6. We will not disclose medical information about you your employees or any claimants under any policy of insurance unless you provide us with written authorization to do so or unless the disclosure is for any specific business exception provided in the law 7. We will attempt with your help to keep our records regarding you and your business complete and accurate and will advise you how and where to access your account information unless prohibited by law and will advise you how to correct errors or make changes to that information and 8. We will audit and assess our operations personnel and third party service providers to assure that your privacy is respected. Collection and Sources of Information We collect from a customer or potential customer only the personal information that is necessary for a determining eligibility for the product or service sought by the customer b administering the product or service obtained and c advising the customer about our products and services. The information we collect generally comes from the following sources e Submission During the submission process you provide us with information about you and your business such as your name address phone number e mail address and other types of personal identification information Quotes We collect information to enable us to determine your eligibility for the particular insurance product and to determine the cost of such insurance to you. The information we collect will vary with the type of insurance you seek Transactions We will maintain records of all transactions with us our affiliates and our third party service providers including your insurance coverage selections premiums billing and payment information claims history and other information related to your account PN CW 02 0505 Page 1 0f 3 | 2 |
NUVIIVE TV FUVLILVLTIAVLUECNO e Claims If you obtain insurance from us we will maintain records related to any claims that may be made under your policies. The investigation of a claim necessarily involves collection of a broad range of information about many issues some of which does not directly involve you. We will share with you any facts that we collect about your claim unless we are prohibited by law from doing so. The process of claim investigation evaluation and settlement also involves however the collection of advice opinions and comments from many people including attorneys and experts to aid the claim specialist in determining how best to handle your claim. In order to protect the legal and transactional confidentiality and privileges associated with such opinions comments and advice we will not disclose this information to you and Credit and Financial Reports We may receive information about you and your business regarding your credit. We use this information to verify information you provide during the submission and quote processes and to help underwrite and provide to you the most accurate and cost effective insurance quote we can provide. Retention and Correction of Personal Information We retain personal information only as long as required by our business practices and applicable law. If we become aware that an item of personal information may be materially inaccurate we will make reasonable effort to re verify its accuracy and correct any error as appropriate. Storage of Personal Information We have in place safeguards to protect data and paper files containing personal information. Sharing Disclosing of Personal Information We maintain procedures to assure that we do not share personal information with an unaffiliated third party for marketing purposes unless such sharing is permitted by law. Personal information may be disclosed to an unaffiliated third party for necessary servicing of the product or service or for other normal business transactions as permitted by law. We do not disclose personal information to an unaffiliated third party for servicing purposes or joint marketing purposes unless a contract containing a confidentiality non disclosure provision has been signed by us and the third party. Unless a consumer consents we do not disclose consumer credit report type information obtained from an application or a credit report regarding a customer who applies for a financial product to any unaffiliated third party for the purpose of serving as a factor in establishing a consumer s eligibility for credit insurance or employment. Consumer credit report type information means such things as net worth credit worthiness lifestyle information piloting skydiving etc. solvency etc. We also do not disclose to any unaffiliated third party a policy or account number for use in marketing. We may share with our affiliated companies information that relates to our experience and transactions with the customer. Policy for Personal Information Relating to Nonpublic Personal Health Information We do not disclose nonpublic personal health information about a customer unless an authorization is obtained from the customer whose nonpublic personal information is sought to be disclosed. However an authorization shall not be prohibited restricted or required for the disclosure of certain insurance functions including but not limited to claims administration claims adjustment and management detection investigation or reporting of actual or potential fraud misrepresentation or criminal activity underwriting policy placement or issuance loss control andor auditing. Access to Your Information Our employees employees of our affiliated companies and third party service providers will have access to information we collect about you and your business as is necessary to effect transactions with you. We may also disclose information about you to the following categories of person or entities Your independent insurance agent or broker PN CW 02 0505 Page 2 of 3 | 2 |
NUITIVE TV FULILVLTINVLULCNO An independent claim adjuster or investigator or an attorney or expert involved in the claim Persons or organizations that conduct scientific studies including actuaries and accountants An insurance support organization Another insurer if to prevent fraud or to properly underwrite a risk A state insurance department or other governmental agency if required by federal state or local laws or Any persons entitled to receive information as ordered by a summons court order search warrant or subpoena. Violation of the Privacy Policy Any person violating the Privacy Policy will be subject to discipline up to and including termination. For more information or to address questions regarding this privacy statement please contact your broker. PN CW 02 0505 Page 3 of 3 | 2 |
NUITIVE TV FULILVLTINVLULENO U.S. TREASURY DEPARTMENT S OFFICE OF FOREIGN ASSETS CONTROL OFAC 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 Policyholder Notice provides information concerning possible impact on your insurance coverage due to directives issued by OFAC and possibly the U.S. Department of State. Please read this Policyholder Notice carefully. 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 Narcotics traffickers as Specially Designated Nationals and Blocked Persons. This list can be found on the U.S. Department of the Treasury s web site httpwww.treas.gov ofac. The Secretary of the Treasury also has identified a number of entities in the insurance petroleum and petrochemicals industries determined to be owned or controlled by the Iranian government. Business transactions with any of these entities are expressly prohibited. These entities have been added to OFAC s list of Financial Institutions Determined To Be Owned or Controlled by the Government of Iran. This list can be found on the U.S. Department of the Treasury s web site httpwww.treas.govofficesenforcementlists In accordance with OFAC regulations or any applicable regulation promulgated by the U.S. Department of State 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 will be immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract neither payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. PN CW 05 1010 Includes copyrighted material of Insurance Services Office Inc. with its permission. 2010 X.L. America Inc. Al rights reserved. May not be copied without permission. | 2 |
mlINSURANCE COMPANY PROVIDING COVERAGE Regulatory Office. 505 Eagleview Bivd. XL Insurance America Inc. Ste. 100 Dept Regulatory Exton PA 19341 0636 800 688 1840 COMMERCIAL UMBRELLA LIABILITY POLICY DECLARATIONS Policy Number US00006880LI13A Renewal of US00006880LI12A ITEM 1. NAMED INSURED PIERBURG US LLC MAILING ADDRESS 5 SOUTH CHASE COURT FOUNTAIN INN SC 29644 ITEM 2. POLICY PERIOD FROM December 31 2013 TO December 31 2014 at 1201 A.M. at the address of the Named Insured stated above ITEM 3. LIMITS OF INSURANCE The limits of insurance subject to the terms of this policy are 4000000 Each Occurrence General Aggregate In accordance with Section IIl. Limits of Insurance Products Completed Operations Aggregate in accordance with Section IIl. Limits of Insurance 4000000 Combined Aggregate In accordance with Section IlI. Limits of Insurance ITEM 4. SELF INSURED RETENTION 10000 Each Occurrence ITEM 5. UNDERLYING INSURANCE see Schedule Underlying Insurance attached. ITEM 6. POLICY PREMIUM Estimated Total Annual Exposure Rate per Advance Premium Minimum Premium s 101664746 72916 74130 Terrorism Premium Excluded Total Premium 74130 Policy is not Subject to Audit ITEM 7. THIS POLICY INCLUDES THESE ENDORSEMENTS AT INCEPTION See attached schedule PRODUCER NAME Lockton Companies LLC ADDRESS 444 W. 47th Street Suite 900 Kansas City MO 64112 1906 CUU 001 0805 XL America Inc. 2004 VAN L COMPANY PROVIDING COVERAGE XL Insurance America Inc. DECLARATIONS olicy Number US00006880LI13A Renewal of US00006880LI12A EM 1. NAMED INSURED PIERBURG US LLC MAILING ADDRESS 5 SOUTH CHASE COURT FOUNTAIN INN SC 29644 EM 2. POLICY PERIOD FROM December 31 2013 TO December 31 2014 at 1201 A.M. at the address of the Named Insured stated above EM 3. LIMITS OF INSURANCE The limits of insurance subject to the terms of this policy are 4000000 Each Occurrence E General Aggregate In accordance with Section Ill. Limits of Insurance g Products Completed Operations Aggregate in accordance with Section Il Limits of Insurance 4000000 Combined Aggregate In accordance with Section IlI. Limits of Insurance EM 4. SELF INSURED RETENTION 10000 Each Occurrence EM 5. UNDERLYING INSURANCE see Schedule Underlying Insurance attached. EM 6. POLICY PREMIUM stimated Total Annual Exposure Rate per Advance Premium Minimum Premium s 101664746 72916 74130 Terrorism Premium Excluded Total Premium 74130 olicy is not Subject to Audit EM 7. THIS POLICY INCLUDES THESE ENDORSEMENTS AT INCEPTION See attached schedule RODUCER NAME Lockton Companies LLC DDRESS 444 W. 47th Street Suite 900 Kansas City MO 64112 1906 The limits of insurance su 4000000 Each Occ General A Products C Limits of Ir 4000000 Combinec | 2 |
Issue Date 051914 VB Camille m. Matta Authorized Representative or Countersignature in states where applicable 051914 Date CUU 001 0805 XL America Inc. 2004 | 2 |
Endorsement No. 01 Form Rev. Page Effective Date December 31 2013 Issue Date Attached to and forming part of Policy No. US00006880LI13A Issued To Pierburg US LLC By XL Insurance America Inc. Endorsement Schedule Item 7. This Policy includes the following endorsements at inception Endorsement Number Endorsement Title CUU 001 0805 COMMERCIAL UMBRELLA LIABILITY POLICY DECLARATIONS CUU 0020805 01 Endorsement Schedule CUU 003 0805 Schedule of Underlying Insurance IL MP 9104 0211 XLIA IN WITNESS XL INSURANCE AMERICA INC. CUU 050 0805 COMMERCIAL UMBRELLA LIABILITY POLICY CUU 404 0805 02 Contractual Liability Limitation CUU 406 0706 03 Employee Benefits Liability Limitation Claims Made CUU 413 0805 04 Batch Clause CUU 414 0805 05 Lead Exclusion CUU 4190805 06 Employers Liability Limitation CUU 423 0805 07 Products Completed Operation Hazard Limitation CUU 4341006 08 Non Pyramiding of Limits Endorsement CUU 435 1006 09 Standard Policy Modification Endorsement CUU 6010805 10 Aircraft Products and Ground Exclusion CUU 606 0805 11 Automobile Liability Limitation CUU 6370805 12 Personal and Advertising Injury Limitation CUU 647 0706 13 Professional Liability Exclusion CUU 6650108 14 Exclusion of Certified Acts of Terrorism CUU 1330805 15 SOUTH CAROLINA CHANGES CANCELLATION AND NONRENEWAL CUU 628 0805 16 Fungi or Bacteria Liability Exclusion Information Notices PN392 1213 PN CW 01 0613 PN CW 02 0505 PN CW 05 1010 Rev. Page CUU 002 0805 XL America Inc. 2004 | 2 |
Schedule of Underlying Insurance Policy Number US00006880LI13A Type of Policy Applicable Limits Insurer Policy Period A Automobile Liability Bodily Injury Policy Type and Symbol Bus. Auto 1 Garage Truckers 1000000 Each Person Property Damage Each Accident Bodily Injury and Property Damage Combined Single Limit Each Accident Zurich American Insurance Company. BAP 2836325 11 1114 t0 1115 B Commercial General Liability 1000000 2000000 2000000 1000000 Each Occurrence Limit Products Completed Operations Aggregate Limit General Aggregate Limit Policy Aggregate Limit Personal Advertising Injury Limit XL Insurance America Inc. US0006878LI13A 123113 to 123114 C Employers Liability Coverage B Employers Liability Bodily Injury by Accident 1000000 Each Accident Bodily Injury by Disease 1000000 Policy Limit Bodily Injury by Disease 1000000 Each Employee Zurich American Insurance Company. WC 2836326 11 111410 1115 D Employee Benefits 1000000 per claim 1000000 per aggregate XL Insurance America Inc. US0006878LI13A 123113 to 123114 E Other list other coverage CUU 003 0805 XL America Inc. 2004 | 2 |
IN WITNESS XL INSURANCE AMERICA INC. REGULATORY OFFICE 505 EAGLEVIEW BOULEVARD SUITE 100 DEPARTMENT REGULATORY EXTON PA 19341 0636 PHONE 800 688 1840 It is hereby agreed and understood that the following In Witness Clause supercedes any and all other In Witness clauses in this policy. All other provisions remain unchanged. IN WITNESS WHEREOF the Company has caused this policy to be executed and attested and if required by state law this policy shall not be valid unless countersigned by a duly authorized representative of the Company. Sfeaas Seraina Maag President Towt Onn. Fortsms Toni Ann Perkins Secretary IL MP 9104 0211 XLIA 2011 X.L. America Inc. Al rights reserved. May not be copied without permission. | 2 |
COMMERCIAL UMBRELLA LIABILITY POLICY Various provisions in this Policy restrict coverage. Read the entire Policy carefully to determine rights duties and what is and is not covered. Throughout this Policy the words you and your refer to the Named Insured shown in Item 1 of the Declarations. The words we us and our refer to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section VI. Definitions. In consideration of the payment of premium and in reliance upon the statements in the Declarations and subject to the Limits of Insurance Exclusions Conditions Definitions and other terms of this Policy the Company named in the Declarations a capital stock company herein called the Company agrees with the Named Insured to provide coverage as follows SECTION I. INSURING AGREEMENTS Coverage A. We will pay on behalf of the Insured those sums in excess of the Retained Limit that the Insured becomes legally obligated to pay as damages because of Bodily Injury Property Damage or Personal and Advertising Injury to which this insurance applies. The amount we will pay for damages is limited as described in Section IlI. Limits of Insurance. If we are prevented by law or statute from paying damages covered by this Policy on behalf of the Insured then we will indemnify the Insured for those sums in excess of the Retained Limit. B. This Policy applies 1. To Bodily Injury or Property Damage only if the Bodily Injury or Property Damage is caused by an Occurrence that takes place anywhere and the Bodily Injury or Property Damage occurs during the Policy Period 2. To Personal and Advertising Injury only if the Personal and Advertising Injury is caused by an Occurrence that takes place anywhere arising out of your business but only if the Occurrence was committed during the Policy Period and 3. To Bodily Injury Property Damage or Personal and Advertising Injury only if prior to the Policy Period no Insured designated in Section VI. Definitions F. Insured Paragraphs 1. and 2. no manager in your risk management insurance or legal department and no employee who was authorized by you to give or receive notice of an Occurrence claim or Suit knew that the Bodily Injury or Property Damage had occurred in whole or in part or that an Occurrence had been committed that caused Personal and Advertising Injury. If such an Insured manager or authorized employee knew prior to the Policy Period that the Bodily Injury or Property Damage had occurred or that an Occurrence had been committed that caused Personal and Advertising Injury then any continuation change or resumption of such Bodily Injury Property Damage or Personal and Advertising Injury during or after the Policy Period will be deemed to have been known prior to the Policy Period. CUU 050 0805 XL America Inc. 2004 Page 1 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 0 |
C. Bodily Injury or Property Damage which occurs during the Policy Period or an Occurrence which was committed and caused Personal and Advertising Injury and was not prior to the Policy Period known to have occurred by any Insured designated in Section VI. Definitions F. Insured Paragraphs 1. and 2. any manager in your risk management insurance or legal department or any employee authorized by you to give or receive notice of an Occurrence claim or Suit includes any continuation change or resumption of that Bodily Injury Property Damage or Personal and Advertising Injury after the end of the Policy Period. D. Bodily Injury Property Damage or Personal and Advertising Injury will be deemed to have been known to have occurred at the earliest time when any Insured designated in Section VI. Definitions F. Paragraphs 1 and 2 any manager in your risk management insurance or legal department or any employee who was authorized by you to give or receive notice of an Occurrence claim or Suit 1. Reports all or any part of the Bodily Injury Property Damage or Personal and Advertising Injury to us or any other insurer 2. Receives a written or verbal demand or claim for damages because of the Bodily Injury Property Damage or Personal and Advertising Injury or 3. Becomes aware by any other means that Bodily Injury or Property Damage has occurred or has begun to occur or an Occurrence has been committed that has caused or may cause Personal and Advertising Injury. E. This Policy does not apply to any Suit which is commenced prior to the effective date of this Policy where any Insured has been summoned or served with legal process in said Suit. 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. SECTION II. DEFENSE PROVISIONS A. We will have the right and duty to defend any Suit against the Insured that seeks damages for Bodily Injury Property Damage or Personal and Advertising Injury covered by this Policy even if the Suit is groundless false or fraudulent when 1. The total limits of Scheduled Underlying Insurance have been exhausted by the payment of Loss to which this Policy applies or 2. The damages sought are covered by this Policy but are not covered by Scheduled Underlying Insurance even if the total applicable limits of the Scheduled Underlying Insurance have not been exhausted by the payment of Loss. If any law or statute prevents us from complying with this agreement we will reimburse the Insured for the expenses incurred to meet those obligations if we have given our written consent. B. We have no duty to defend the Insured against any Suit seeking damages to which this insurance does not apply. CUU 050 0805 XL America Inc. 2004 Page 2 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
C. When we assume the defense of any Suit against the Insured that seeks damages covered by this Policy we will 1. Investigate negotiate and settle the Suit as we deem expedient and 2. Pay the following supplementary payments to the extent that such payments are not covered by Scheduled Underlying Insurance or any applicable Other Insurance a. f. Premiums on bonds to release attachments for amounts not exceeding the Policy Limits of Insurance but we are not obligated to apply for or furnish those bonds Premiums for all 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 All court costs taxed against the Insured in the Suit that relate to claims to which this insurance applies Pre judgment interest awarded against the Insured on that part of the judgment within the applicable Limits of Insurance of this Policy we pay. If we make an offer to pay the applicable Limits of Insurance we will not pay any pre judgment interest accruing after we make such offer 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 Limits of Insurance of this Policy and The Insured s expenses incurred at our request or with our consent. D. Except as provided in A. above we will have no duty to defend any Suit against the Insured. We will however have the right but not the duty to participate in the defense of any Suit and the investigation of any claim to which this Policy may apply. If we exercise this right we will do so at our own expense. E. Our right and duty to defend ends when we have used up the applicable Limits of Insurance in the payment of Loss. SECTION lIl. LIMITS OF INSURANCE A. The Limits of Insurance shown in Item 3 of the Declarations and rules below state the most we will pay for all damages under this Policy regardless of the number of 1 2 3. 4. Insureds. Claims made or Suits brought. Persons or organizations making claims or bringing Suits or. Coverages provided under this Policy. B. Subject to the Limits of Insurance of this Policy we will pay only that amount of Loss that is in excess of the Retained Limit. CUU 050 0805 XL America Inc. 2004 Page 3 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
. If there is an amount shown on the Declarations for the General Aggregate Limit that amount is the most we will pay for all damages except for damages because of 1. The ownership maintenance operation use or entrustment of an Auto covered by this Policy or 2. Bodily Injury or Property Damage included in the Products Completed Operations Hazard. If there is an amount shown on the Declarations for the Products Completed Operations Aggregate Limit that amount is the most we will pay for all damages included in the Products Completed Operations Hazard. If there is an amount shown on the Declarations for Combined Aggregate Limit that amount is the most we will pay for all damages except damages because of the ownership maintenance operation use or entrustment of an Auto. Subject to C. D. or E. above whichever applies the Each Occurrence Limit is the most we will pay for all damages for Bodily Injury Property Damage Personal and Advertising Injury that arises out of any one Occurrence.. The Limits of Insurance of this Policy apply only in excess of the Retained Limit. If however the total Policy limits for any Policy shown in the Schedule of Underlying Insurance forming part of this Policy has a total Limit of Insurance 1. Greater than the amount shown in such schedule this Policy will apply in excess of the greater amount or 2. Less than the amount shown in such schedule this Policy will apply in excess of the amount shown in the Schedule of Underlying Insurance forming a part of this Policy and Other Insurance that is applicable and collectible. Expenses incurred to defend any Suit or to investigate any claim as provided in Section Il will be in addition to the applicable Limits of Insurance of this Policy. Provided however that if such expenses reduce the applicable limits of Scheduled Underlying Insurance then such expenses will reduce the applicable Limits of Insurance of this Policy. If the total applicable limits of Scheduled Underlying Insurance are reduced or exhausted by the payment of Loss to which this Policy applies we will 1. In the event of such reduction subject to the terms and conditions of this Policy pay excess of the sum of any remaining total applicable limits of Scheduled Underlying Insurance and any applicable and collectible Other Insurance and 2. In the event of exhaustion of the total applicable limits of Scheduled Underlying Insurance and any applicable and collectible Other Insurance continue in force subject to the terms and conditions of this Policy. However if the limits of the Scheduled Underlying Insurance are not collectible for any reason other than reduction or exhaustion by the payment of Loss our obligations will not be increased and we will pay only those amounts in excess of the limits of Scheduled Underlying Insurance shown in the Schedule of Underlying Insurance. CUU 050 0805 XL America Inc. 2004 Page 4 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
J. We will not make any payment under this Policy unless and until 1. The total applicable limits of Scheduled Underlying Insurance have been exhausted by the payment of Loss to which this Policy applies and any applicable limits of Other Insurance have been exhausted or 2. The total applicable Self Insured Retention has been satisfied by the payment of Loss to which this Policy applies. When the amount of Loss has finally been determined by an agreed settlement or a final judgment we will promptly pay on behalf of the Insured the amount of such Loss within the applicable Limits of Insurance of this Policy. The Limits of Insurance of this Policy apply separately to each consecutive annual period and to any remaining period of less than twelve 12 months beginning with the inception date of the Policy Period shown in the Declarations unless the Policy Period is extended after issuance for an additional period of less than twelve 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance of this Policy. If an Occurrence to which this Policy applies results in Bodily Injury Property Damage or Personal and Advertising Injury that is continuous or progressively deteriorating over consecutive annual periods the maximum Limit of Insurance we will pay under this Policy and any other Policy we issue to any Insured including but not limited to any Policy which term is prior to or subsequent to this Policy will be the amount set forth in the Declarations of this Policy. SECTION IV. EXCLUSIONS A Aircraft or Watercraft This insurance does not apply to Bodily Injury or Property Damage arising out of the ownership maintenance use or entrustment to others of any aircraft or watercraft owned or operated by or rented or loaned to any Insured. Use includes operation and loading and unloading. This exclusion applies even if the claims against any Insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that Insured if the Occurrence which caused the Bodily Injury or Property Damage involved the ownership maintenance use or entrustment to others of any aircraft or watercraft that is owned or operated by or rented or loaned to any Insured. Asbestos This insurance does not apply to any liability arising out of 1. The manufacture of mining of use of sale of installation of removal of distribution of or exposure to asbestos asbestos products asbestos fibers or asbestos dust 2. Any obligation of the Insured to indemnify a party because of damages arising out of the manufacture of mining of use of sale of installation of removal of distribution of or exposure to asbestos asbestos products asbestos fibers or asbestos dust or CUU 050 0805 XL America Inc. 2004 Page 5 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
3. Any obligation to defend any Suit or claim against the Insured that seeks damages if such Suit or claim arises as the result of the manufacture of mining of use of sale of installation of removal of distribution of or exposure to asbestos asbestos products asbestos fibers or asbestos dust. C. Contractual Liability This insurance does not apply to Bodily Injury Property Damage or Personal and Advertising Injury for which the Insured is obligated to pay by reason of assumption of liability in a contract or agreement. This exclusion does not apply to 1. Liability for Bodily Injury Property Damage or Personal and Advertising Injury that the Insured would have in the absence of a contract or agreement or 2. Liability for Bodily Injury or Property Damage assumed in an Insured Contract provided Bodily Injury or Property Damage occurs subsequent to the execution and prior to the termination of the Insured Contract. Solely for the purposes of liability assumed in an Insured Contract reasonable attorney fees and litigation expenses incurred by or for a party other than an Insured are not deemed to be supplementary payments under Section II.C. 2. Such fees costs and expenses will be considered damages because of Bodily Injury or Property Damage and included in the Limits of Insurance of this Policy provided a. Liability to such party for or for the cost of that party s defense has also been assumed in the same Insured Contract and b. Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this Policy applies are alleged. D. Damage to Impaired Property Not Physically Injured This insurance does not apply to Property Damage to Impaired Property or property that has not been physically injured arising out of 1. Adefect deficiency inadequacy or dangerous condition in Your Product or Your Work or 2. A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to Your Product or Your Work after it has been put to its intended use. E. Damage to Property This insurance does not apply to Property Damage for 1. Property you own rent or occupy including any costs or expenses incurred by you or another 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 CUU 050 0805 XL America Inc. 2004 Page 6 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
2. Premises you sell give away or abandon if the Property Damage arises out of any part of those premises 3. Property loaned to you 4. Personal property in the care custody or control of the Insured 5. That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the Property Damage arises out of those operations or 6. That particular part of any property that must be restored repaired or replaced because Your Work was incorrectly performed on it. Paragraph 2. of this exclusion does not apply if the premises are Your Work and were never occupied rented or held for rental by you. Paragraphs 3. 4. 5. and 6. of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6. of this exclusion does not apply to Property Damage included in the Products Completed Operations Hazard. F. Damage to Your Product This insurance does not apply to Property Damage to Your Product arising out of it or any part of it. G. Damage to Your Work This insurance does not apply to Property Damage to Your Work arising out of it or any part of it and included in the Products Completed Operations Hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. H. Electronic Data This insurance does not apply to damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. I. Employees and Volunteers This insurance does not apply to liability of any employee or volunteer qualifying as an Insured under this Policy arising out of Bodily Injury Property Damage or Personal and Advertising Injury CUU 050 0805 XL America Inc. 2004 Page 7 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
1. To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a co employee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business 2. To the spouse child parent brother sister of such injured co employee or volunteer worker as a consequence of Paragraph 1.1 above 3. To the spouse child parent brother or sister of that co employee or volunteer worker who must pay damages because of the injury described in Exclusion I. 1. and 2. above or 4. Arising out of his or her providing or failing to provide professional health care services. Paragraphs 1. 2. and 3. of this exclusion do not apply to the extent that applicable and collectible Scheduled Underlying Insurance for such Bodily Injury Property Damage or Personal and Advertising Injury exists or would have existed but for the reduction or exhaustion of Scheduled Underlying Insurance by the payment of Loss to which this Policy applies. Coverage provided by this Policy will follow the provisions exclusions and limitations of the Scheduled Underlying Insurance unless otherwise provided by the terms of this Policy. However the insurance provided by this Policy will not be broader than the insurance coverage provided by such Scheduled Underlying Insurance. J. Employment Practices This insurance does not apply to any liability arising out of 1. Failure to hire any prospective employee or any applicant for employment 2. Dismissal discharge or termination of any employee 3. Failure to promote or advance any employee or 4. Employment related practices policies acts omissions or misrepresentations directed at a present past future or prospective employee including but not limited to a. Coercion harassment humiliation or discrimination b. Demotion evaluation reassignment discipline or retaliation c. Libel slander humiliation defamation or invasion of privacy or d. Violation of civil rights. This exclusion applies 1. Whether the Insured may be liable as an employer or in any other capacity and 2. To any obligation to share damages with or repay someone else who must pay damages because of the injury. CUU 050 0805 XL America Inc. 2004 Page 8 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
K. ERISA This insurance does not apply to any obligation of the Insured under the Employment Retirement Income Security Act of 1974 including amendments relating to the Consolidated Omnibus Budget Reconciliation Act of 1985 or any amendment or revision thereto or any similar law. L. Expected or Intended Injury This insurance does not apply to Bodily Injury or Property Damage expected or intended from the standpoint of the Insured. However this exclusion does not apply to Bodily Injury or Property Damage resulting from the use of reasonable force by the Insured to protect persons or property. M. Liquor Liability This insurance does not apply to Bodily Injury or Property Damage for which any Insured may be held liable by reason of 1. Causing or contributing to the intoxication of any person 2. The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3. Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing distributing selling servicing or furnishing alcoholic beverages. This exclusion does not apply to the extent that applicable and collectible Scheduled Underlying Insurance for such Bodily Injury or Property Damage exists or would have existed but for the reduction or exhaustion of Scheduled Underlying Insurance by the payment of Loss to which this Policy applies. Coverage provided by this Policy will follow the provisions exclusions and limitations of the Scheduled Underlying Insurance unless otherwise provided by the terms of this Policy. However the insurance provided by this Policy will not be broader than the insurance coverage provided by such Scheduled Underlying Insurance. N. No Fault Uninsured Motorist or Underinsured Motorist Laws This insurance does not apply to any obligation of the Insured under any No Fault Uninsured or Underinsured Motorist law or any similar law. 0. Nuclear Liability This insurance does not apply to 1. Any liability a. With respect to which an Insured under this Policy is also an Insured under a nuclear energy liability Policy issued by the Nuclear Energy Liability Property Insurance Association Mutual Atomic Energy Liability Underwriters or the Nuclear Insurance Association of Canada or any of their successors or would be an Insured under any such Policy but for its termination upon exhaustion of its limit of liability CUU 050 0805 XL America Inc. 2004 Page 9 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
Resulting from the hazardous properties of nuclear material and with respect to which 1 any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or 2 the Insured is or had this Policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or an agency thereof with any person or organization or Resulting from the hazardous properties of nuclear material if i The nuclear material 1 is at any nuclear facility owned by the Insured or operated by or on behalf of the Insured or 2 has been discharged or dispensed therefrom i The nuclear material is contained in spent fuel or waste at any time possessed handled used processed stored transported or disposed of by or on behalf of the Insured or iiiy The injury or damage arises out of the furnishing by the Insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this Exclusion iii applies only to Property Damage to such nuclear facility and any property thereat. 2. As used in this exclusion a. b. Hazardous properties includes radioactive toxic or explosive properties Nuclear material means source material special nuclear material or by product material Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or any law amendatory thereof Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor Waste means any waste material 1 containing by product material and 2 resulting from the operation by any person or organization of a nuclear facility included within the definition of nuclear facility below Nuclear facility means i any nuclear reactor i any equipment or device designed or used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packaging wastes iii any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the Insured s custody at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 or CUU 050 0805 XL America Inc. 2004 Page 10 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
iv any structure basin excavation premises or place prepared or used for storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations g. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material and h. Property Damage includes all forms of radioactive contamination of property. P. Personal and Advertising Injury This insurance does not apply to Personal and Advertising Injury 1. Caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict Personal and Advertising Injury Arising out of oral or written publication of material if done by or at the direction of the Insured with the knowledge of its falsity Arising out of oral or written publication of material whose first publication took place before the beginning of the Policy Period Arising out of a criminal act committed by or at the direction of the Insured For which the Insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the Insured would have in the absence of the contract or agreement Arising out of a breach of contract except an implied contract to use another s advertising idea in your Advertisement Arising out of the failure of goods products or services to conform with any statement of quality or performance made in your Advertisement Arising out of the wrong description of the price of goods products or services stated in your Advertisement Arising out of the infringement of copyright trademark trade secret or other intellectual property rights. However this exclusion does not apply to infringement in your Advertisement of copyright trade dress or slogan.. Committed by an Insured whose business is a. Advertising broadcasting publishing or telecasting b. Designing or determining content of websites for others or CUU 050 0805 XL America Inc. 2004 Page 11 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
c. AnlInternet search access content or service provider. However this exclusion does not apply to Paragraphs M. 1 2 and 3. of Personal and Advertising Injury under Section VI Definitions. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. 11. Arising out of an electronic chatroom or bulletin board the Insured hosts owns or over which the Insured exercises control or 12. Arising out of the unauthorized use of another s name likeness trade dress slogan style of doing business or product in your e mail address domain name web page or internet domain or metatag or any other similar tactics to mislead another s potential customers. However this exclusion does not apply to infringement in your Advertisement of copyright trade dress or slogan. Q. Pollution This insurance does not apply to 1. Any Bodily Injury Property Damage or Personal and Advertising Injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of Pollutants a. At or from any premises site or location that is or was at any time owned or occupied by or rented or loaned to any Insured b. At or from any premises site or location that is or was at any time used by or for any Insured or others for the handling storage disposal processing or treatment of waste c. That are or were at any time transported handled stored treated disposed of or processed as waste by or for any Insured or any person or organization for whom you may be legally responsible d. At or from any premises site or location on which any Insured or any contractors or subcontractors working directly or indirectly on any Insured s behalf are performing operations if the Pollutants are brought on or to the premises site or location in connection with such operations by such Insured contractor or subcontractor e. At or from any premises site or location on which any Insured or any contractors or subcontractors working directly or indirectly on any Insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of Pollutants f. That are contained in any property that is i Being transported or towed by handled or handled for movement into onto or from an Auto covered by Scheduled Underlying Insurance CUU 050 0805 XL America Inc. 2004 Page 12 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
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