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i Otherwise in the course of transit by or on behalf of the Insured iii Being stored disposed of treated or processed in or upon an Auto covered by Scheduled Underlying Insurance g. i Before the Pollutants or any property in which the Pollutants are contained are moved from the place where they are accepted by the Insured for movement into or onto an Auto covered by Scheduled Underlying Insurance or i After the Pollutants or any property in which the Pollutants are contained are moved from the Auto covered by Scheduled Underlying Insurance to the place where they are finally delivered disposed of or abandoned by the Insured. 2. Any Loss cost or expense arising out of any a. Request demand order or statutory or regulatory requirement that any Insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of Pollutants or 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. However this exclusion will not apply to Bodily Injury or Property Damage as described in Subparagraphs 1 through 6 below but only if such coverage is provided by Scheduled Underlying Insurance 1 Products Completed Operations Hazard Paragraphs 1. a. through 1. e. do not apply with respect to Bodily Injury or Property Damage included within the Products Completed Operations Hazard provided that Your Product or Your Work has not at any time been a Discarded dumped abandoned thrown away or b Treated or handled as waste by anyone. 2 Hostile Fire Paragraphs 1. a. and 1. d. do not apply with respect to Bodily Injury or Property Damage arising out of heat smoke or fumes from a Hostile Fire. 3 Equipment to Heat the Building and Contractor Lessee Operations Paragraph 1. a. of this exclusion does not apply to a Bodily Injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests. CUU 050 0805 XL America Inc. 2004 Page 13 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
4 Bodily Injury or Property Damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your Policy as an additional Insured with respect to your ongoing operations performed for that additional Insured at such premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any Insured other than that additional Insured. Fuels Lubricants and Other Operating Fluids Mobile Equipment Paragraph 1. d. of this exclusion does not apply to a Bodily Injury or Property Damage arising out of the escape of fuels lubricants or other operating fluids that are needed to perform normal electrical hydraulic or mechanical functions necessary for the operation of Mobile Equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the Bodily Injury or Property Damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such Insured contractor or subcontractor or Bodily Injury or Property Damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor. Fuels Lubricants Fluids etc. Auto Paragraph 1. f. of this exclusion does not apply to fuels lubricants fluids exhaust gases or other similar Pollutants that are needed for or result from the normal electrical hydraulic or mechanical functioning of an Auto covered by Scheduled Underlying Insurance or its parts if a The Pollutants escape seep migrate or are discharged dispersed or released directly from an Auto part designed by its manufacturer to hold store receive or dispose of such Pollutants and The Bodily Injury or Property Damage does not arise out of the operation of any equipment listed in Paragraphs 6. b. and 6. c. of the definition of Mobile Equipment. Upset Overturn or Damage of an Auto Paragraph 1. g. does not apply to Occurrences that take place away from premises owned by or rented to an Insured with respect to Pollutants not in or upon an Auto covered by Scheduled Underlying Insurance if a The Pollutants or any property in which the Pollutants are contained are upset overturned or damaged as a result of the maintenance or use of an Auto covered by Scheduled Underlying Insurance and The discharge dispersal seepage migration release or escape of the Pollutants is caused directly by such upset overturn or damage. CUU 050 0805 XL America Inc. 2004 Page 14 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
R. Recall of Your Product Your Work or Impaired Property This insurance does not apply to damages claimed for any Loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1. Your Product 2. Your Work or 3. Impaired Property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. S. Securities This insurance does not apply to any liability arising out of 1. Any violation of any securities law or similar law or any regulation promulgated thereunder 2. The purchase sale offer of sale or solicitation of any security debt insurance policy bank deposit or financial interest or instrument 3. Any representations made at any time in relation to the price or value of any security debt insurance policy bank deposit or financial interest or instrument or 4. The depreciation or decline in price or value of any security debt insurance policy bank deposit or financial interest or instrument. T. War This insurance does not apply to Bodily Injury Property Damage or Personal and Advertising Injury however caused arising directly or indirectly out of 1. War including undeclared or civil war 2. Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3. Insurrection rebellion revolution usurped power or action taken by the governmental authority in hindering or defending against any of these. U. Workers Compensation This insurance does not apply to any obligation of the Insured under any workers compensation disability benefits or unemployment compensation law or any similar law. CUU 050 0805 XL America Inc. 2004 Page 15 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
SECTION V. CONDITIONS A Appeals If the Insured or the insurers providing Scheduled Underlying Insurance or Other Insurance do not appeal a judgment in excess of the total limits of Scheduled Underlying Insurance and Other Insurance we may elect to do so. If we appeal we shall be liable for in addition to the applicable Limits of Insurance of this Policy all costs taxes expenses incurred and interest on judgments incidental to such an appeal. Audit We may audit and examine your books and records as they relate to this Policy at any time during the period of this Policy and for up to three 3 years after the expiration or termination of this Policy. Bankruptcy or Insolvency Your bankruptcy insolvency or inability to pay or the bankruptcy insolvency or inability to pay of any insurers providing Scheduled Underlying Insurance or Other Insurance will not relieve us from the payment of Loss covered by this Policy. But under no circumstances will such bankruptcy insolvency or inability to pay require us to drop down replace or assume any obligation under Scheduled Underlying Insurance. D. Cancellation 1. The first Named Insured shown in the Declarations may cancel this Policy. You must mail or deliver advance written notice to us stating when the cancellation is to take effect. 2. We may cancel this Policy by mailing or delivering to the first Named Insured shown in the Declaration written notice of cancellation at least a. Ten 10 days before the effective date of cancellation for non payment of premium or b. Sixty 60 days before the effective date of cancellation if we cancel for any other reason. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. Notice of cancellation will state the effective date of cancellation. The Policy Period will end on the day and hour stated in the cancellation notice. If this Policy is cancelled we will send to the first Named Insured any premium refund due as follows a. If we cancel final premium will be calculated pro rata based on the time this Policy was in force. Final premium will not be less than the pro rata share of the Minimum Premium shown in Item 6 of the Declarations. CUU 050 0805 XL America Inc. 2004 Page 16 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
E. b. If you cancel final premium will be more than pro rata it will be based on the time this Policy was in force and increased by our short rate cancellation table and procedure. Final premium will not be less than the short rate share of the Minimum Premium shown in Item 6 of the Declarations. Premium adjustment may be made at the time of cancellation or as soon as practicable thereafter but the cancellation will be effective even if we have not made or offered any refund of unearned premium. Our check or our representative s check mailed or delivered shall be sufficient tender of any refund due you. 6. If notice is mailed proof of mailing will be sufficient proof of notice. 7. Any of these provisions that conflict with a law that controls the cancellation of this Policy is changed by this statement to comply with that law. Changes Notice to any agent or knowledge possessed by any agent or any other person will not effect a waiver or change in any part of this Policy. This Policy can be changed only by a written endorsement that we make a part of this Policy. Compliance with U.S. Treasury Department s Office of Foreign Assets Control OFAC In accordance with Office of Foreign Assets Control hereinafter referred to as 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 or premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. Duties in the Event of an Occurrence Claim or Suit 1. You must see to it that we are notified as soon as practicable of an Occurrence that may result in a claim or Suit under this Policy. To the extent possible notice should include a. How when and where the Occurrence took place b. The names and addresses of any injured persons and any witnesses and c. The nature and location of any injury or damage arising out of the Occurrence. 2. If a claim is made or Suit is brought against any Insured which is reasonably likely to involve this Policy you must notify us in writing as soon as practicable Written notice should be mailed or delivered to the Company at the following address XL Insurance Claims Department One World Financial Center 200 Liberty Street 22nd Floor New York NY 10281 Attn Excess Casualty Claims Manager CUU 050 0805 XL America Inc. 2004 Page 17 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
3. You and any other involved Insured must a. Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or Suit b. Authorize us to obtain records and other information c. Cooperate with us in the investigation settlement or defense of the claim or Suit and d. Assist us upon our request in the enforcement of any right against any person or organization that may be liable to the Insured because of injury or damage to which this insurance may also apply. 4. For any Occurrence where notice has been given to us no Insureds will except at their own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our expressed consent. Headings The descriptions in the headings of this Policy are solely for convenience and form no part of the terms and conditions of coverage. Inspection We have the right but are not obligated to inspect your premises and operations at any time. Our inspections are not safety inspections. They relate only to the insurability of your premises and operations and the premiums to be charged. We may give you reports on the conditions that we find. We may also recommend changes. We do not however undertake to perform the duty of any person or organization to provide for the health or safety of your employees or the public. We do not warrant the health and safety conditions of your premises or operations or represent that your premises or operations comply with laws regulations codes or standards. Legal Actions Against the Company There will be no right of action against us under this insurance unless 1. You have complied with all the terms of this Policy and 2. The amount you owe has been determined with our consent or by actual trial and final judgment. Maintenance of Scheduled Underlying Insurance During the Policy Period you agree 1. To keep Scheduled Underlying Insurance in full force and effect 2. That the terms definitions conditions and exclusions of Scheduled Underlying Insurance will not materially change 3. That the total applicable limits of Scheduled Underlying Insurance shall not decrease except for any reduction or exhaustion of aggregate limits by payment of Loss and CUU 050 0805 XL America Inc. 2004 Page 18 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
4. That any renewals or replacements of Scheduled Underlying Insurance will provide equivalent coverage to and afford limits of insurance equal to or greater than the policy being renewed or replaced. If you fail to comply with these requirements we will be liable only to the same extent that we would had you fully complied with these requirements. In the event of bankruptcy liquidation insolvency or unwillingness of the insurer providing Scheduled Underlying Insurance to pay Loss covered by Scheduled Underlying Insurance we will be liable only to the same extent that we would have had the Scheduled Underlying Insurance been applicable and collectible. Other Insurance 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 Policy. When this insurance is excess we will have no duty 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. When this insurance is excess over Other Insurance we will pay only our share of the Loss that exceeds the sum of 1. The total amount that all such Other Insurance would pay for the Loss in the absence of this insurance 2. The total of all deductible and self insured amounts under all that Other Insurance. Premium The first Named Insured designated in Item 1 of the Declarations shall be responsible for payment of all premiums when due. The premium for this Policy shall be computed on the basis set forth in ltem 6 of the Declarations. At the beginning of the Policy Period you must pay us the Advance Premium shown in Item 6 of the Declarations. When this Policy expires or if it is cancelled we will compute the earned premium for the time this Policy was in force. If this Policy is subject to audit adjustment the actual exposure base will be used to compute the earned premium. If the earned premium is greater than the Advance Premium you will promptly pay us the difference. If the earned premium is less than the Advance Premium we will return the difference to you. But in any event we shall retain the Minimum Premium as shown in Item 6 of the Declarations for each twelve 12 months of the Policy Period. CUU 050 0805 XL America Inc. 2004 Page 19 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
Separation of Insureds Except with respect to the Limits of Insurance of this Policy and rights or duties specifically assigned to the first Named Insured designated in Item 1 of the Declarations this insurance applies 1. As if each Named Insured were the only Named Insured and 2. Separately to each Insured against whom claim is made or Suit is brought. Transfer of Rights of Recovery 1. If any Insured has rights to recover all or part of any payment we have made under this Policy those rights are transferred to us. The Insured must do nothing after Loss to impair these rights and must help us enforce them. 2. Any recoveries shall be applied as follows a. any person or organization including the Insured that has paid an amount in excess of the applicable Limits of Insurance of this Policy will be reimbursed first b. we then will be reimbursed up to the amount we have paid and c. lastly any person or organization including the Insured that has paid an amount over which this Policy is excess is entitled to claim the remainder. Expenses incurred in the exercise of rights of recovery shall be apportioned among the persons or organizations including the Insured in the ratio of their respective recoveries as finally determined. 3. If prior to the time of an Occurrence you and the insurer of Scheduled Underlying Insurance waive any right of recovery against a specific person or organization for injury or damage as required under an Insured Contract we will also waive any rights we may have against such person or organization. Transfer of Your Rights and Duties Your rights and duties under this Policy may not be transferred without our written consent. If you die or are legally declared bankrupt your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. However notice of cancellation sent to the first Named Insured designated in Item 1 of the Declarations and mailed to the address shown in this Policy will be sufficient notice to effect cancellation of this Policy. When We Do Not Renew If we decide not to renew this Policy we will mail or deliver to the first Named Insured shown in the Declarations written notice of the non renewal not less than thirty 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. CUU 050 0805 XL America Inc. 2004 Page 20 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
SECTION VI. DEFINITIONS A F. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition 1. Notices that are published include material placed on the Internet or on similar electronic means of communication and 2. Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an Advertisement. Auto means 1. A land motor vehicle trailer or semi trailer designed for travel on public roads including any attached machinery or equipment or 2. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor insurance law in the state where it is licensed or principally garaged. However Auto does not include Mobile Equipment. Bodily injury means bodily injury sickness or disease sustained by any person including death mental anguish mental injury shock or humiliation resulting from any of these at any time. Hostile fire means a fire that becomes uncontrollable or breaks out from where it was intended to be. Impaired Property means tangible property other than Your Product or Your Work that can not be used or is less useful because 1. Itincorporates Your Product or Your Work that is known or thought to be defective deficient inadequate or dangerous or 2. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by 1. The repair replacement adjustment or removal of Your Product or Your Work or 2. Your fulfilling the terms of the contract or agreement. Insured means 1. The Named Insured and 2. If you are designated in the Declarations as a. Anindividual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. CUU 050 0805 XL America Inc. 2004 Page 21 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
G. b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. c. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. d. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. e. Atrust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. 3. 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. 4 Your volunteer workers but only while performing duties related to the conduct of your business. 5. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. 6. Your legal representative if you die but only with respect to duties as such. That representative will have your rights and duties under this Policy. 7. Any person or organization other than the Named Insured included as an additional insured under Scheduled Underlying Insurance but not for broader coverage than would be afforded by such Scheduled Underlying Insurance. Notwithstanding any of the above a. No person or organization is an Insured with respect to the conduct of any current past or newly formed partnership joint venture or limited liability company that is not designated as a Named Insured in Item 1 of the Declarations and b. No person or organization is an Insured under this Policy who is not an Insured under Scheduled Underlying Insurance. Insured Contract means 1. 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 2. Asidetrack agreement 3. Any easement or license agreement except in connection with construction or demolition operations on or within fifty 50 feet of a railroad CUU 050 0805 XL America Inc. 2004 Page 22 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
4. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality 5. An elevator maintenance agreement 6. 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. 7. 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 6. and 7. 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 fifty 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing That indemnifies an architect engineer or surveyor for injury or damages arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3 Under which the Insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the Insured s rendering or failure to render professional services including those listed in G.2 above and supervisory inspection architectural or engineering activities. 4 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 5 That holds a person or organization engaged in the business of transporting property by Auto for hire harmless for your use of an Auto covered by Scheduled Underlying Insurance over a route or territory that person or organization is authorized to serve by public authority. Loss means those sums actually paid as judgments or settlements. Loss shall also mean expenses incurred to investigate a claim or defend a Suit if so provided in Scheduled Underlying Insurance. Mobile Equipment means any of the following types of land vehicles including any attached machinery or equipment 1. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads CUU 050 0805 XL America Inc. 2004 Page 23 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
J. Vehicles maintained for use solely on or next to premises you own or rent Vehicles that travel on crawler treads Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted a. Power cranes shovels loaders diggers or drills or b. Road construction or resurfacing equipment such as graders scrapers or rollers Vehicles not described in 1 2 3 or 4 above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types a. Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or b. Cherry pickers and similar devices used to raise or lower workers Vehicles not described in 1 2 3 or 4 above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not Mobile Equipment but will be considered Autos a. Equipment designed primarily for i Snow removal ii Road maintenance but not construction or resurfacing or iii Street cleaning. b. Cherry pickers and similar devices mounted on Auto or truck chassis and used to raise or lower workers and c. Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However Mobile Equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered Autos. Named Insured means 1. Any person or organization designated in Item 1 of the Declarations CUU 050 0805 XL America Inc. 2004 Page 24 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
2. Any organization in which you maintain an interest of more than fifty 50 percent as of the effective date of this Policy and to which more specific insurance does not apply provided that this Policy does not apply to any Bodily Injury or Property Damage that occurred or any Personal and Advertising Injury that was caused by an Occurrence that was committed before you acquired or formed such organization or after you ceased to maintain an interest of more than fifty 50 percent in such organization and 3. Any organization except for a partnership joint venture or limited liability company that you acquire or form during the Policy Period in which you maintain an interest of more than fifty 50 percent and to which more specific insurance does not apply provided that a. This Policy does not apply to any Bodily Injury or Property Damage that occurred or any Personal and Advertising Injury that was caused by an Occurrence that was committed before you acquired or formed such organization and b. You give us prompt notice after you acquire or form such organization. A partnership joint venture or limited liability company that you acquire or form during the Policy Period may be added as an Insured only by a written endorsement that we make a part of this Policy. We may at our option make an additional premium charge for any organization that you acquire or form during the Policy Period. Notwithstanding any of the above no person or organization is a Named Insured under this Policy who is not a Named Insured under Scheduled Underlying Insurance. Occurrence means 1. As respects Bodily Injury or Property Damage an accident including continuous or repeated exposure to substantially the same general harmful conditions. All such exposure to substantially the same general harmful conditions will be deemed to arise out of one Occurrence. 2. As respects Personal and Advertising Injury an offense arising out of your business that causes Personal and Advertising Injury. All damages that arise from the same related or repeated injurious material or act will be deemed to arise out of one Occurrence regardless of the frequency or repetition thereof the number and kind of media used and the number of claimants. Other Insurance means a policy of insurance providing coverage for damages to which this insurance also applies. Other Insurance also means any retention in a policy other than this Policy whereby a party other than an insurer is responsible for all or part of any sums payable. Other Insurance does not include 1 Scheduled Underlying Insurance 2 the Self Insured Retention in this Policy or 3 any policy of insurance specifically purchased to be excess of this Policy affording coverage that this Policy also affords.. Personal and Advertising Injury means injury arising out of your business including consequential Bodily Injury arising out of one or more of the following offenses 1. False arrest detention or imprisonment CUU 050 0805 XL America Inc. 2004 Page 25 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
2. Malicious prosecution 3. The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor 4. Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services 5 Oral or written publication in any manner of material that violates a person s right of privacy 6. The use of another s advertising idea in your Advertisement or 7. Infringing upon another s copyright trade dress or slogan in your Advertisement. Policy Period means the period of time from the inception date shown in the Declarations to the earlier of the expiration date shown in the Declarations or the effective date of termination of this Policy.. Pollutants means any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. Products Completed Operations Hazard means all Bodily Injury and Property Damage occurring away from premises you own or rent and arising out of Your Product or Your Work except 1. Products that are still in your physical possession or 2. Work that has not yet been completed or abandoned. However Your Work will be deemed competed at the earliest of the following times a. When all of the work called for in your contract has been completed b. When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site c. When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. Products Completed Operations Hazard does not include Bodily Injury or Property Damage arising out of 1. The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any Insured or 2. The existence of tools uninstalled equipment or abandoned or unused materials. CUU 050 0805 XL America Inc. 2004 Page 26 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
. Property Damage means 1. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or 2. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the Occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing services or any other media which are used with electronically controlled equipment. Retained Limit means 1. The total applicable limits of Scheduled Underlying Insurance providing coverage to the Insured or 2. The Self Insured Retention shown in the Declarations applicable to each Occurrence that results in Loss not covered by Scheduled Underlying Insurance. Scheduled Underlying Insurance means 1. The policy or policies of insurance or the limits of insurance shown in the Schedule of Underlying Insurance forming a part of this Policy and 2. Automatically any renewal or replacement of any policy in Paragraph 1. provided that such renewal or replacement provides equivalent coverage to and affords limits of insurance equal to or greater than the policy being renewed or replaced. Scheduled Underlying Insurance does not include a policy of insurance specifically purchased to be excess of this Policy affording coverage that this Policy also affords. Self Insured Retention means the dollar amount set forth in Item 4 of the Declarations that will be paid by the Insured before this insurance becomes applicable but only with respect to Occurrences not covered by the Scheduled Underlying Insurance. The Self Insured Retention does not apply to Occurrences which would have been covered by Scheduled Underlying Insurance but for the exhaustion of applicable limits by the payment of Loss. The Insured s bankruptcy insolvency or inability to pay the Self Insured Retention shall not increase our obligation under this Policy. Suit means a civil proceeding in which damages because of Bodily Injury Property Damage or Personal and Advertising Injury to which this Policy applies are alleged. Suit includes 1. An arbitration proceeding in which such damages are claimed and to which the Insured must submit or does submit with our consent or CUU 050 0805 XL America Inc. 2004 Page 27 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
2. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the Insured submits with our expressed consent. Suit does not include any injunction or order from a governmental agency or body requesting action from any Insured. V. Your Product means 1. Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose business or assets you have acquired and 2. Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. Your Product includes 1. Warranties or representations made at any time with respect to the fitness quality durability performance or use of Your Product and 2. The providing of or failure to provide warnings or instructions. Your Product does not include vending machines or other property rented to or located for the use of others but not sold. W. Your Work means 1. Work or operations performed by you or on your behalf and 2. Materials parts or equipment furnished in connection with such work or operations. Your Work includes 1. Warranties or representations made at any time with respect to the fitness quality durability performance or use of Your Work and 2. The providing of or failure to provide warnings or instructions. CUU 050 0805 XL America Inc. 2004 Page 28 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
Endorsement No. 02 Form Rev. 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. Contractual Liability Limitation This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided under the following Commercial Umbrella Liability Policy Section IV. Exclusions are amended to add the following This insurance does not apply to Bodily Injury Property Damage or Personal and Advertising Injury 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 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. Page Rev. Page All other terms definitions conditions and exclusions of this policy remain unchanged. CUU 404 0805 XL America Inc. 2004 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
Endorsement No. 03 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. Employee Benefits Liability Limitation Claims Made This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided under the following Commercial Umbrella Liability Policy Section IV. Exclusions are amended to add the following This insurance does not apply to any liability arising out of 1. any violation of any of the responsibilities obligations or duties imposed upon fiduciaries by ERISA or any similar law regarding workers compensation unemployment insurance Social Security or any government mandated disability benefits or 2. any act error or omission committed by or on behalf of the Insured solely in the performance of one or more of the following administrative duties or activities giving counsel to employees with respect to a Plan interpreting a Plan handling of records in connection with a Plan effecting enroliment termination or cancellation of employees under a Plan or any Claim against an Insured solely by reason of his her or its status as an administrator the Plan or you as sponsor of the Plan. ecooop However this exclusion will not apply to liability to the extent that applicable and collectible Scheduled Underlying Insurance for such liability exist or would have existed but for the reduction or exhaustion of Scheduled Underlying Insurance by payment of Loss to which this endorsement 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 endorsement. However the insurance provided by this policy will not be broader than the insurance coverage provided by such Scheduled Underlying Insurance. a This policy will only provide coverage for a Claim made against the Insured during the Policy Period. Rev. Page b A Claim by any 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 and recorded by any Insured in writing or 2. Notice of a Claim is reported to us in writing. CUU 406 0706 XL America Inc. 2004 Page 10f 2 | 2 |
Notwithstanding the above this insurance shall not apply to 1. any Claim alleging or arising out of the same Occurrence committed on or after the Retroactive Date set forth in the Scheduled Underlying Insurance if the Insured an officer manager in your risk management insurance or legal department or an employee who is authorized by you to give or receive such notice of an Occurrence knew as of the inception date of the policy that such Occurrence could result in a Claim. 2. any Claim alleging or arising out of the same Occurrence or series of continuous repeated or related Occurrence or alleging the same or similar facts alleged or contained in any Claim which has been reported or any Occurrence of which notice has been given under any policy of which this policy is a renewal replacement or succeeds in time. 3. any Claim alleging or arising out of any Claim or Suit pending as of the inception date of the policy or alleging or arising out of or related to any fact circumstance situation or Occurrence alleged in such Claim or Suit. Coverage under this policy for such liability will follow the terms definitions conditions and exclusions of the Scheduled Underlying Insurance subject to the Policy Period Limits of Insurance premium and all other terms definitions conditions and exclusions of this policy. Provided however that coverage provided by this policy will be no broader than coverage provided by the Scheduled Underlying Insurance. Section VI. DEFINITIONS is amended to include the following additional definitions Claim means a written demand upon the Insured for compensatory damage or services and shall include the service of suit or institution of arbitration proceedings against the Insured. ERISA means the Employee Retirement Income Security Act of 1974 including amendments related to the Consolidated Omnibus Budget Reconciliation Act of 1985 and including any amendment or revisions thereto or any similar common or statutory law of the United States Canada or any state or jurisdiction anywhere in the world to which a Plan is subject. Plan means any plan fund or program established anywhere in the world regardless of whether it is subject to regulation under Title 1 of ERISA or meets the requirements for qualification under Section 401 of the Internal Revenue Code of 1986 as amended and which is 1. a welfare plan as defined in ERISA or any similar law regarding workers compensation unemployment insurance Social Security or any government mandated disability benefits. 2. apension plan as defined in ERISA or any similar law regarding workers compensation unemployment insurance Social Security or any government mandated disability benefits or 3. a combination of 1. and 2. above. All other terms definitions conditions and exclusions of this policy remain unchanged. CUU 406 0706 XL America Inc. 2004 Page 2 of 2 | 2 |
Endorsement No. 04 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. Batch Clause This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided under the following Commercial Umbrella Liability Policy Section III. Limits of Insurance Paragraph D. is amended to include the following As respects the Products Completed Operations Hazard all Bodily Injury or Property Damage arising out of one lot or batch of Your Product shall be considered one Occurrence and shall be deemed to have occurred when the first Bodily Injury or Property Damage arising out of that lot or batch occurred. All other terms definitions conditions and exclusions of this policy remain unchanged. Rev. Page CUU 413 0805 XL America Inc. 2004 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
Endorsement No. 05 Form Effective Date December 31 2013 Attached to and forming part of Policy No. Issued To Pierburg US LLC By XL Insurance America Inc. Lead Exclusion Rev. Issue Date US00006880LI13A This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided under the following Commercial Umbrella Liability Policy Page Rev. Page Section IV. Exclusions are amended to add the following This insurance does not apply to 1. Bodily Injury Property Damage or Personal and Advertising Injury arising out of lead including but not limited to the ingestion inhalation or absorption of lead in any form 2. Any Loss cost or expense arising out of any request demand or order 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 lead or 3. Any Loss cost or expense arising out of any claim or Suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of lead. All other terms definitions conditions and exclusions of this policy remain unchanged. CUU 414 0805 XL America Inc. 2004 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
Endorsement No. 06 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. Employers Liability Limitation This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided under the following Commercial Umbrella Liability Policy Section IV. Exclusions are amended to add the following This insurance does not apply to any liability arising out of Bodily Injury to any employee of the Insured arising out of and in the course of his or her employment by the Insured or performance of duties related to the conduct of the Insured s business. This exclusion does not apply to the extent that applicable and collectible Scheduled Underlying Insurance for such Bodily 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. All other terms definitions conditions and exclusions of this policy remain unchanged. Rev. Page CUU 419 0805 XL America Inc. 2004 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
Endorsement No. 07 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. Products Completed Operations Hazard Limitation This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided under the following Commercial Umbrella Liability Policy Section IV. Exclusions are amended to add the following This insurance does not apply to Bodily Injury or Property Damage arising out of the Products Completed Operations Hazard. 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. Rev. Page All other terms definitions conditions and exclusions of this policy remain unchanged. CUU 423 0805 XL America Inc. 2004 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
Endorsement No. 08 Form Rev. 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. Non Pyramiding of Limits Endorsement Page Rev. Page This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided under the following Commercial Umbrella Liability Policy The DECLARATIONS ITEM 3. LIMITS OF INSURANCE are amended to include the following If damages covered by this policy are also covered in whole or part by Policy Number US00006881LI13A or subsequent renewal of our total Limits of Insurance under both policies combined shall be 1.000.000 2.000.000 2.000.000 Each Occurrence General Aggregate in accordance with Section IIl. Limits of Insurance Products Completed Operation Aggregate in accordance with Section IIl. Limits of Insurance All other terms definitions conditions and exclusions of this policy remain unchanged. CUU 434 1006 XL America Inc. 2004 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
Endorsement No. 09 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. Standard Policy Modification Endorsement Rev. Page This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided under the following Commercial Umbrella Liability Policy 1. SECTION IIL LIMITS OF INSURANCE Item L. is deleted. 2. SECTION IV. EXCLUSIONS Item C. 2. Contractual Liability is amended as follows C. Contractual Liability 2. Liability for Bodily Injury or Property Damage assumed in an Insured Contract provided Bodily Injury or Property Damage occurs subsequent to the execution of the Insured Contract. Solely for the purposes of liability assumed in an Insured Contract reasonable attorney fees and litigation expenses incurred by or for a party other than an Insured are not deemed to be supplementary payments under Section IL.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 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. 3. SECTION VI. DEFINITIONS Item L. Other Insurance is deleted in its entirety and replaced with the following Other Insurance means a valid and collectible Policy of insurance providing coverage for damages to which this insurance also applies. Other Insurance also means any retention in a Policy other than this Policy whereby a party other than an insurer is responsible for all or part of any sums payable. Other Insurance does not include 1 Scheduled Underlying Insurance 2 the Self Insured Retention in this Policy or 3 any Policy of insurance specifically purchased to be excess of this Policy affording coverage that this Policy also affords. All other terms definitions conditions and exclusions of this policy remain unchanged. CUU 435 1006 XL America Inc. 2004 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
Endorsement No. 10 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. Aircraft Products and Grounding Exclusion This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided under the following Commercial Umbrella Liability Policy Section IV. Exclusions are amended to add the following This insurance does not apply to Bodily Injury or Property Damage arising out of the Products Completed Operations Hazard relating to 1. Aircraft including missiles or spacecraft and any ground support or control equipment used therewith 2. Any other goods or products manufactured sold handled or distributed by the Insured or any services provided or recommended by the Insured or by others trading under the Insured s name for use in the manufacture repair operation or use of any aircraft 3. Any articles furnished by the Insured or by others trading under the Insured s name and installed in aircraft or used in connection with aircraft or for spare parts for aircraft including but not limited to ground handling tools and equipment training aids instructions manuals blueprints engineering or other advice or service relating to aircraft and any labor relating to such aircraft or articles. This insurance does not apply to Bodily Injury or Property Damage arising out of the grounding of any aircraft. For the purposes of this endorsement grounding means the withdrawal of one or more aircraft from flight 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 organizations or corporations. A grounding shall be deemed to commence on the date of an Occurrence which discloses such condition or on the date an aircraft is first withdrawn from service on account of such condition whichever occurs first. All other terms definitions conditions and exclusions of this policy remain unchanged. Rev. Page CUU 601 0805 XL America Inc. 2004 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
Endorsement No. 1 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. Automobile Liability Limitation This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided under the following Commercial Umbrella Liability Policy Section IV. Exclusions are amended to add the following This insurance does not apply to Bodily Injury Property Damage Personal Injury or Advertising Injury arising out of the ownership maintenance operation use loading or unloading or entrustment to others of any Auto. 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 Auto that is owned or operated by or rented or loaned to any Insured. This exclusion does 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. Rev. Page All other terms definitions conditions and exclusions of this policy remain unchanged. CUU 606 0805 XL America Inc. 2004 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
Endorsement No. 12 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. Personal and Advertising Injury Limitation This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided under the following Commercial Umbrella Liability Policy Section IV. Exclusions are amended to add the following This insurance does not apply to Personal and Advertising Injury. This exclusion does not apply to the extent that applicable and collectible Scheduled Underlying Insurance for such 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. Rev. Page All other terms definitions conditions and exclusions of this policy remain unchanged. CUU 637 0805 XL America Inc. 2004 Includes copyrighted material of Insurance Services Office Inc. with ts permission | 2 |
Endorsement No. 13 Form Rev. 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. Professional Liability Exclusion Page Rev. Page This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided under the following Commercial Umbrella Liability Policy Section IV. Exclusions are amended to add the following This insurance does not apply to Bodily Injury Property Damage or Personal and Advertising Injury arising out of any act error omission malpractice or mistake of the professional nature described as Professional Services below committed by the Insured or any person for whom the Insured is legally responsible. Professional Services All Professional Services All other terms definitions conditions and exclusions of this policy remain unchanged. CUU 647 0706 XL America Inc. 2004 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
Endorsement No. 14 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. Exclusion of Certified Acts of Terrorism This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided under the following Commercial Umbrella Liability Policy A C. The following exclusion is added to the policy TERRORISM Any injury or damage arising directly or indirectly out of a certified act of terrorism. The following definition is added for the purposes of this endorsement 1. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act and any amendments thereto. The criteria contained in the federal 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 and b. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals acting 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. The policy will not recognize the reduction or exhaustion of underlying limits of insurance by the payment of damages or expenses for the investigation or settlement of any claim or Suit involving a certified act of terrorism subject to this exclusion. Rev. Page All other terms definitions conditions and exclusions of this policy remain unchanged. CUU 665 0108 XL America Inc. 2008 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
Endorsement No. 15 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. SOUTH CAROLINA CHANGES CANCELLATION AND NONRENEWAL This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided under the following Commercial Umbrella Liability Policy A. Paragraph 2. 3. and 4. of Section V Conditions Paragraph D. Cancellation is replaced by the following 2. We may cancel this policy by mailing or delivering to the first Named Insured and the agent if any written notice of cancellation at least a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium or b. 60 days before the effective date of cancellation if we cancel for any other reason.. We will mail or deliver our notice to the first Named Insured s and agent s last known addresses.. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. If this policy is canceled during the first 60 days and is not a renewal or a continuation policy the cancellation will be effective only on or after the 61st day of the policy period. B. The following is added to the Cancellation Common Policy Condition 8. Cancellation Of Policies In Effect For 90 Days Or More If this policy has been in effect for 90 days or more or is a renewal or continuation of a policy we issued we may cancel this policy only for one or more of the following reasons a. Nonpayment of premium b. Material misrepresentation of fact which if known to us would have caused us not to issue the policy c. Substantial change in the risk assumed except to the extent that we should reasonably have foreseen the change or contemplated the risk in writing the policy d. Substantial breaches of contractual duties conditions or warranties or e. Loss of our reinsurance covering all or a significant portion of the particular policy insured or where continuation of the policy would imperil our solvency or place us in violation of the insurance laws of South Carolina. Prior to cancellation for reasons permitted in this Item e. we will notify the Commissioner in writing at least sixty days prior to such cancellation and the Commissioner will within thirty days of such notification approve or disapprove such action. Any notice of cancellation will state the precise reason for cancellation. C. The Condition When We Do Not Renew is replaced by the following Rev. Page CUU 133 0805 XL America Inc. 2004 Page 1 of 2 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
WHEN WE DO NOT RENEW 1. If we decide not to renew this policy we will mail or deliver written notice of nonrenewal stating the reasons for nonrenewal to the first Named Insured and agent if any at least 30 days before a. The expiration date of this policy if the policy is written for a term of one year or less or b. An anniversary date of this policy if the policy is written for a term of more than one year or for an indefinite term. However we will not refuse to renew a policy issued for a term of more than one year until expiration of its full term if anniversary renewal has been guaranteed by additional premium consideration. 2. Any notice of nonrenewal will be mailed or delivered to the first Named Insured s and agent s last known addresses. If notice is mailed proof of mailing will be sufficient proof of notice. 3. Any notice of nonrenewal will state the precise reason for nonrenewal. CUU 133 0805 XL America Inc. 2004 Page 2 of 2 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
Endorsement No. 16 Form Rev. 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. Fungi or Bacteria Liability Exclusion This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided under the following Commercial Umbrella Liability Policy Section IV. Exclusions is amended to add the following Fungi or Bacteria Page a. Bodily Injury property damage or personal and advertising Injury which would not have occurred in whole or in part but for the actual alleged or threatened inhalation of ingestion of contact with exposure to existence 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 clean 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 consumption. DEFINITION Fungi means any type or form of fungus including mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. Rev. Page All other terms definitions conditions and exclusions of this policy remain unchanged. CUU 628 0805 XL America Inc. 2004 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
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Nationwide Privacy Statement Thank you for choosing Nationwide Our privacy statement explains how we collect use share and protect your personal information. So just how do we protect your privacy In a nutshell we respect your right to privacy and promise to treat your personal information responsibly. It s as simple as that. Here s how. Confidentiality and security We follow all data security laws. We protect your information by using physical technical and procedural safeguards. We limit access to your information to those who need it to do their jobs. Our business partners are legally bound to use your information for permissible purposes. Collecting and using your personal information We collect information about you when you ask about or buy one of our products or services. The information comes from your application business transactions with us consumer reports and publicly available sources. Please know that we only use that information to sell service or market products to you. We may collect the following types of information Name address and Social Security number Assets and income Property address and value Account and policy information Credit reports and other consumer report information Family member and beneficiary information Public information Sharing your information for business purposes We share your information with other Nationwide companies and business partners. When you buy a product we may share your personal information for everyday business purposes. Some examples include mailing your statements or processing transactions that you request. You can not opt out of these. We also share your information with your agent or producer. They use your personal information to manage your policy or account. We may also share your personal information as federal and state law requires. Sharing your information for marketing purposes We do nt sell your information to anyone period. We may share your personal information with Nationwide companies or business partners to market products to you. We have joint marketing agreements with our business partners. This means that we have partnered with them to offer you a product that might interest you. They may use your personal information to market their products. If you would like to learn more about opting out please read the next section. Opting Out You can ask us not to share your personal information with the Nationwide family of companies listed below or our business partners to market products to you. Remember these companies offer many different types of products and services. If you would like to learn about these products from one of our companies you may not want to opt out. You can opt out of sharing with other Nationwide affiliates and sharing with third parties. Nationwide is on your side FPK FAEN3059519474 INSURED nan nan nan nan 43.0 3771.0 | 2 |
Opting Out continued... To opt out of sharing for marketing purposes please call us toll free at 1 866 280 1809. You may opt out at any time and your request will take effect in 30 days. An opt out request from one joint customer will apply to all joint customers on the policy or account. If you have already opted out you do nt need to opt out again because your request will never expire. We will not share the personal information of Vermont customers with the Nationwide family of companies or third parties for marketing purposes without your consent. Using your medical information We sometimes collect medical information. We may use this medical information for a product or service you re interested in to pay a claim or to provide a service. We may share this medical information for these business purposes if required or permitied by law. But we wo nt use it for marketing purposes unless you give us permission. Accessing your information You can always ask us for a copy of your personal information. Please send your privacy inquiry to the address below and have your signature notarized. This is for your protection so we may prove your identity. We do nt charge a fee for giving you a copy of your information now but we may charge a small fee in the future. You can change your personal information at MyNationwide.com or by calling your agent. But we ca nt update information that other companies like credit agencies provide to us. So you ll need to contact these other companies to change and correct your information. Send your privacy inquiries to the address below. Please include your name address and policy number. If you know it include your agent s name and number. Nationwide Insurance Attn Customer Relations Privacy One Nationwide Plaza 3 04 101 Columbus OH 43215 A parting word... These are our privacy practices. They apply to all current joint and former clients of Nationwide Mutual Insurance Company Nationwide Agents and the affiliates and subsidiaries that offer auto home property life insurance banking services and investments. This includes the following companies Nationwide Insurance Company of America Nationwide Agribusiness Insurance Company Nationwide Assurance Company Nationwide Property and Casualty Insurance Company Nationwide Affinity Insurance Company of America Nationwide Securities LLC Nationwide Sales Solutions Inc. Nationwide Mutual Insurance Company Nationwide Mutual Fire Insurance Company Nationwide General Insurance Company Nationwide Insurance Company of Florida Nationwide Lloyds Nationwide Life Insurance Company Nationwide Bank Nationwide Advantage Mortgage Company Titan Holdings Inc. Colonial County Mutual Insurance Company Insurance Intermediaries Inc. Crestbrook Insurance Company INOOOON 04 09 Effective Date April 20 2009 Nationwide the Nationwide N and Eagle and Nationwide is on your side are service marks of Nationwide Mutual Insurance Company. 2015 Nationwide FPK FAEN3059519474 INSURED 43 000377 INSURED nan nan nan nan 43.0 3772.0 | 2 |
IN 73 03 01 20 k k Kk Kk kK IMPORTANT INSURANCE INFORMATION Kk k kok ke Please read this Notice carefully. No coverage is provided by this notice nor can it be construed to replace any provision of your policy. You should read your policy and review your declarations page for complete information on the coverages you are provided. If there is any conflict between the policy and this notice the provisions of the policy shall prevail. NOTICE TO POLICY HOLDERS POTENTIAL RESTRICTIONS OF TERRORISM COVERAGE This Notice has been prepared in conjunction with the POTENTIAL implementation of changes related to coverage of terrorism under your policy. The Terrorism Risk Insurance Act established a program Terrorism Risk Insurance Program within the Department of the Treasury under which the federal governmentshares with the insurance industry the risk of loss from future terrorist attacks. That Program is subject to a termination date of December 31 2020 unless extended by the federal government. If the federal Program terminates or is extended with certain changes prior to or during the term of your policy then the treatment of terrorism under your policy will change. This Notice is being provided to you for the purpose of summarizing potential impact on your coverage. The summary is a brief synopsis of significant exclusionary provisions and limitations. This Notice does not form a part of your insurance contract. The Notice is designed to alert you to coverage restrictions and to other provisions in certain terrorism endorsementsin this policy. If there is any conflict between this Notice and the policy including its endorsements the provisions of the policy including its endorsements apply. Carefully read your policy including the endorsements attached to your policy. YOUR POLICYAT THE START OF THE POLICY TERM This policy does not contain a terrorism exclusion. However the policy contains an endorsement under which coverage for certified acts of terrorism which is more fully defined in the endorsement is subject to a limit on our liability pursuantto the federal Terrorism Risk Insurance Act. Further the absence of a terrorism exclusion does not create coverage for any injury or damage that would otherwise be excluded under the policy such as losses excluded by the war liability exclusion. POTENTIAL CHANGE DURING THE TERM OF YOUR POLICY Endorsement UMB 00 64 UMB 46 13 in the State of Washington is attached to your policy. Its provisions become applicable to your policy only if certain events one or more of them occur. Those events include the following e The federal Terrorism Risk Insurance Program TRIP has terminated with respect to the type of insurance provided under this policy. TRIP is scheduled to terminate December 31 2020 unless extended by the federal government. or Arenewal extension or replacement of TRIP has become effective without a requirement to make coverage available and with revisions that Increase insurers statutory percentage deductible under TRIP for terrorism losses or Decrease the federal government s statutory percentage share in potential terrorism losses or Page 1 of 2 43 0003773 IN73030120 FPK FAEN3059519474 Includes copyrighted material of Insurance Services Office Inc. with its permission. INSURED | 2 |
IN 73 030120 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. Endorsement UMB 00 64 UMB 46 13 in the State of Washington treats terrorism as follows Coverage for injury or damage arising out of a terrorism incident is excluded only when one or more of the following are attributed to an incident of terrorism The act of terrorism is carried out by means of the release of radioactive materials or use of a nuclear weapon or device which results in nuclear reaction or radiation or radioactive contamination or Radioactive material is released and it appears that one purpose of the terrorism was to release such material or The terrorism event is carried out by means of the dispersal or application or pathogenic or poisonous biological or chemical materials or The terrorism event involves the release of pathogenic or poisonous biological or chemical materials and it appears that one purpose of the terrorism was to release such materials. The total of all insured damage to all types of property including business interruption losses sustained by owners or occupants of damaged property from the incident exceeds 25 million. The 25 million property damage threshold is based on losses sustained by all persons and entities who are affected by an incident of terrorism and who are insured for the damage or who would be insured but for a terrorism exclusion or Fifty or more persons sustain death or serious physical injury or To determine whether the threshold for property damage 25 million or persons injured fifty is exceeded multiple incidents of terrorism which occur within a seventy two hour period and appear to be linked together or have a related purpose or common leadership behind them shall be considered to be one incident of terrorism. See the definition of terrorism included within UMB 00 64 for purposes of the terrorism exclusion. Page 2 of 2 FPK FAEN3059519474 IN 73030120 43 0003774 Includes copyrighted material of Insurance Services Office Inc. with its permission. INSURED | 2 |
IN 7526 07 18 kK Kk IMPORTANT INSURANCE INFORMATION K Kk Kk k ke Please read this Notice carefully. No coverageis provided by this notice nor can it be construed to replace any provision of your policy. You should read your policy and review your declarations page for complete information on the coverages you are provided. If there is any conflict between the policy and this notice the provisions of the policy shall prevail. IMPORTANT INFORMATION REGARDING YOUR INSURANCE This notice is to advise you that should any complaints arise regarding this insurance you may contact the following. If you have questions about your insurance please contact your agent. If youdo not have an agent feel free to contact us at Nationwide Insurance Company Attn Customer Relations One West Nationwide BI Columbus OH 43215 2220 Phone 877 669 6877 Web www.nationwide.com If you need assistance from the government agency that regulates insurance or have an unresolved complaint with your insurer please contact the lllinois Department of Insurance by mail telephone or email at Springfield Office lllinois Department of Insurance 320 West Washington Street Springfield IL 62767 0001 Main 217 782 4515 Main Fax 217 782 5020 Consumer Complaints Fax 217 558 2083 TDD 866 323 5321 Email consumer complaintsins.state.il.us or Chicago Office lllinois Department of Insurance 122 S. Michigan Ave. 19 Floor Chicago IL 60603 Main 312 814 2420 Consumer Complaints 312 814 2420 Fax 312 814 5416 TDD 866 323 5321 What you need to do Please keep this information with your insurance policy for handy reference. You can always count on us to be there We appreciate your business and look forward to continuing to serve you. IN 7526 07 18 Page 10 Page 1 of 1 FPK FAEN3059519474 INSURED nan nan nan nan 43.0 3775.0 | 2 |
FARM UMBRELLA LIABILITY INSURANCE POLICY NATIONWIDE AGRIBUSINESS NAIC 1100 LOCUST ST DEPT 3000 DES MOINES IA 503913000 RENEWAL DECLARATIONS Policy Number ITEM 1 Named Insured FPK FAEN 3059519474 BELLA RIO VISTA FARMS LLC MUNGENAST KURT ITEM 2 Address 29 HAWTHORNE EST SAINT LOUIS MO 63131 3035 Agent LOCKTON COMPANIES LLC Address KANSAS CITY MO 64112 0000 43 15 28123 0006 ITEM 3 Policy Term From 112320 To 112321 1201 A.M. Standard Time at the the address of the Named Insured as stated above. In return for the payment of premium and subject to all the terms of this policy we agree with you to provide the in surance as stated in this policy. ITEM 4 Schedule of Underlying Insurance See Endorsement FAE 00 01. ITEM 5 Retained Limit Aggregate ITEM 6 Limits of Insurance a 2000000 Each Occurrence b 2000000 Products Completed Operations Aggregate c 2000000 Other Aggregate ITEM 7 Coverage X A Excess Follow Form Liability Insurance X B Umbrella Liability Insurance ITEM 8 Premium Amount 1973.00 ITEM 9 Endorsements FAE0001 0110 UMB0002 0413 UMB0052 0115 UMB7010 0514 INOOOON 0409 IN7526 0718 UMB0100 0718 UMB0102 0413 UMB0103 0103 UMB1200 0118 UMB1205 0310 UMB1206 0406 UMB1208 0310 umB1210 0710 UMB1211 0911 uUmB1212 1213 umB1213 1M1 uUmMB0113 0611 UMB0115 0413 UMB0064 0120 IN7303 0120 Previous Policy Number FPK FAEN 3049519474 Countersigned by FAE D 01 10 DIRECT BILL LIUT 20269 INSURED FT nan nan nan nan 43.0 3776.0 | 2 |
NATIONWIDE AGRIBUSINESS INSURANCE COMPANY A stock company IN WITNESS WHEREOF the Company has caused this policy to be signed by its president and secretary and countersigned on the declarations page by a duly authorized representative of the company. Ve 7 PRESIDENT Do e SECRETARY SP 003609 16 FPK FAEN3059519474 Page 1 0of 1 43 0003777 INSURED | 2 |
NATIONWIDE AGRIBUSINESS NAIC FARM UMBRELLA LIABILITY FORMS AND ENDORSEMENTS SUMMARY Period Number FPK FAEN 3059519474 From 112320 To 112321 FORM ENDORSEMENT DATE TITLE FAE0001 0110 SCHEDULED UNDERLYING INSURANCE INOOOON 0409 PRIVACY STATEMENT NATIONWIDE IN7303 0120 NOTICE TO POLICY HOLDERS POTENTIAL RESTRICTIONS OF TERRORISM IN7526 0718 IMPORTANT INFORMATION REGARDING YOUR INSURANCE UMB0002 0413 COMMERCIAL UMBRELLA LIABILITY POLICY UMB0052 0115 CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM UMB0064 0120 CONDITIONAL EXCLUSION OF TERRORISM RELATING TO DISPOSITION UMBO100 0718 FARM UMBRELLA LIABILITY COVERAGE ENDS UMBO102 0413 EXPECTED OR INTENDED INJURY EXCLUSION COVERAGE B UMBO0103 0103 FUNGI OR BACTERIA EXCLUSION ENDORSEMENT UMBO113 0611 RAW MILK AND RAW MILK PRODUCTS IS EXCL. COV. A B UMBO115 0413 POLLUTION EXCLUSION AMENDMENT COVERAGE A AND COVERAGE B UMB1200 0118 ILLINOIS CHANGES CANCELLATION AND NONRENEWAL UMB1205 0310 ILLINOIS ASBESTOS LEAD OR RADON EXCLUSION COVERAGE B UMB1206 0406 ILLINOIS CHANGE DEFENSE COSTS UMB1208 0310 ILLINOIS PUNITIVE DAMAGES EXCLUSION COVERAGE AB UMB1210 0710 ILLINOIS TOTAL POLLUTION EXCLUSION WITH A HOSTILE FIRE EXCEP UMB1211 0911 ILLINOIS CHANGES CIVIL UNION UMB1212 1213 ILLINOIS CHANGES COMMUNICABLE DISEASE UMB1213 1111 ILLINOIS ABUSE OR MOLESTATION COVERAGE B UMB7010 0514 EXCLUSION ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL I 17264 1088 NAMED INSUREDS 17206 07 98 LIUT 20328 INSURED nan nan nan nan 43.0 3778.0 | 2 |
NATIONWIDE AGRIBUSINESS NAIC FARM UMBRELLA LIABILITY Policy Number FPK FAEN 3059519474 SCHEDULE OF INSUREDS Policy Period From 112320 To 112321 INSURED NAMES BELLA RIO VISTA FARMS LLC MUNGENAST KURT MUNGENAST KATHERINE 17264 1088 LIUT 20328 INSURED nan nan nan nan 43.0 3779.0 | 2 |
FAE 00010110 ITEM 4. Schedule Of Underlying Insurance as identified by the entry of a company name policy number policy period and limits Farm Liability Limits 2000000 General Aggregate 2000000 Products Completed Operations Aggregate Policy Number FPK FMPN 3059519474 1000000 Personal and Advertising Injury Policy Period 112320 to 1123121 1000000 Each Occurrence Personal Homeowners Liability Limits Each Occurrence Policy Number Policy Period to X Employer s Liability or Limits Stop Gap Liability This coverage Does Not Apply In New York 1000000 Bodily Injury by Accident Each Accident Policy Number FPK FMPN 3059519474 Bodily Injury by Disease Each Employee Policy Period 112320 to 112321 Bodily Injury by Disease Policy Limit Commercial Auto Liability Limits Bodily Injury Each Accident Property Damage Each Accident Policy Number FPK BAN 3059519474 1000000 Bodily Injury Property Damage Combined Policy Period 112320 to 112321 Each Accident Personal Auto Liability Limits Bodily Injury Each Accident Property Damage Each Accident Policy Number Bodily Injury Property Damage Combined Policy Period to Each Accident Recreational Vehicle Liability Limits Bodily Injury Each Accident Property Damage Each Accident Policy Number Bodily Injury Property Damage Combined Policy Period to Each Accident Watercraft Liability Limits Policy Number Bodily Injury Property Damage Combined Policy Period to Each Occurrence General Liability Limits Policy Number Policy Period to Other Liability Underlying General Aggregate Products Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Specific Limits Underlying Policies not shown above eliminate that coverage from this Umbrella Policy. IMPORTANT NOTICE RESTRICTIONS LIMITATIONS AND EXCLUSIONS TO THE ABOVE SCHEDULED UNDERLYING POLICIES OR ANY REPLACEMENTS THEREOF WILL ACT AS RESTRICTIONS LIMITATIONS AND EXCLUSIONS TO COVERAGE A OF THIS POLICY. FAE 00010110 Page 10of 1 Page 1 of 1 FPK FAEN3059519474 INSURED nan nan nan nan 43.0 3780.0 | 2 |
UMB 00 02 04 13 QUICK REFERENCE COMMERCIAL UMBRELLA LIABILITY POLICY READ YOUR POLICY CAREFULLY Page Number DECLARATIONS PAGE Named Insured Mailing Address Policy Period Coverages and Limits of Insurance Endorsements INSURING AGREEMENTS DEFENSE AND SUPPLEMENTARY PAYMENTS LIMITS OF INSURANCE EXCLUSIONS DEFINITIONS CONDITIONS NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENTS FOLLOWING THE LAST PAGE OF YOUR POLICY UMB 00 02 04 13 FPK FAEN3059519474 Includes copyrighted material of Insurance Services Office Inc. with its permission. INSURED Page 1 of 20 43 0003781 | 2 |
UMB 00 02 04 13 COMMERCIAL UMBRELLA LIABILITY POLICY Various provisions in this policy restrict coverage. Please read the entire policy and any underlying in surance carefully to determine rights duties and what is covered and not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named insured under this policy. The words we us and our refer to the company providing this insurance. Other words and phrases that appear in quotation marks are defined in this policy. These definitions are found in the Definitions section or the specific policy provision where they appear. INSURING AGREEMENTS A. Coverage A Excess Follow Form Liability Insurance 1. Under Coverage A we will pay on behalf of the insured that part of loss covered by this insurance in excess of the total applicable limits of underlying insurance provided the injury or offense takes place during the Policy Period of this policy. The terms and conditions of underlying insurance are with respect to Coverage A made a part of this policy except with respect to a. any contrary provision contained in this policy or b. any provision in this policy for which a similar provision is not contained in underlying insurance 2. With respect to the exceptions stated above the provisions of this policy will apply. 3. The amount we will pay for damages is limited as described in Limits of Insurance. 4. Notwithstanding anything to the contrary contained above if underlying insurance does not cover loss for reasons other than exhaustion of an aggregate limit of insurance by payment of claims then we will not cover such loss 5. We have no obligation under this insurance with respect to any claim or suit settled without our consent. 6. If we are prevented by law from paying on behalf of the insured for coverage provided under this insurance then we will indemnify the insured. 7. With respect to any coverage provided by underlying insurance that is on a claims made basis a. this insurance does not apply to injury or damage which occurred before the Retroactive Date if any shown in the underlying insurance or which occurs after the policy period and b. the aggregate limit shall not be rein stated on this insurance except by endorsement thereon. B. Coverage B Umbrella Liability Insurance 1. Under Coverage B we will pay on behalf of the insured damages the insured be comes legally obligated to pay by reason of liability imposed by law because of bodily injury property damage or personal and advertising injury covered by this insurance which takes place during the Policy Period and is caused by an occurrence. We will pay such damages in excess of the Retained Limit Aggregate specified in the Declarations or the amount payable by other insurance whichever is greater 2. Damages because of bodily injury include damages claimed by any person or organization for care or loss of services resulting at any time from bodily injury. 3. This coverage applies anywhere 4. The amount we will pay is limited as de scribed in Limits of Insurance. 5. Coverage B will not apply to any loss claim or suit for which insurance is afforded under underlying insurance or would have been afforded except for the exhaustion of the limits of insurance of underlying insurance. 6. We have no obligation under this insurance with respect to any claim or suit settled without our consent. 7. If we are prevented by law from paying on behalf of the insured for coverage provided under this insurance then we will indemnify the insured. Page 2 of 20 FPK FAEN3059519474 Includes copyrighted material of Insurance Services Office Inc. with its permission. INSURED UMB 00 02 04 13 43 0003782 | 0 |
UMB 000204 13 control of the investigation settlement or defense of any claim or suit against the insured for damages covered by this policy 1. under Coverage A when the applicable limit of underlying insurance has been exhausted by payment of claims or 2. under Coverage B when damages are sought for bodily injury property damage or personal and advertising injury to which no underlying insurance or other insurance applies.. In those circumstances where paragraph A. above applies in addition to the applicable Limits of Insurance we will pay our expenses and the following to the extent that they are not included in underlying insurance 1. Up to 3000 for the cost of bail bonds. We do not have to furnish these bonds. 2. The cost of bonds to release attachments but only for bond amounts within the amount of insurance available. We do not have to furnish these bonds. 3. 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 eamings up to 250 a day because of time off from work. 4. 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 5. Pre judgment interest awarded against the insured on that part of the judgment we become obligated to pay. However 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. 6. Allinterest awarded against the insured on that amount of any judgment that is within the applicable Limits of Insurance that we become obligated to pay that accrues after entry of the judgment and before we have paid offered to pay or deposited in court that part of the judgment we are obligated to pay. These Payments will not reduce the limits of insurance. 8. This insurance applies to bodily injury and control of the investi property damage only if defense of any claim a. The bodily injury or property damage insured for damages cc is caused by an occurrence that takes 1. under Coverage A v place in the coverage territory of underlying in b. The bodily injury or property damage exhausted by payme occurs during the policy period and 2. under Coverage B c. Prior to the policy period no insured sought for bod and no employee authorized by you to damage or pers give or receive notice of an occurrence injury to which no or claim knew that the bodily injury or other insurance apy property damage had occurred in B. In those circumstances whole or in part. If such a listed above applies in addi insured or authorized employee Limits of Insurance we knew prior to the policy period that the and the following to the bodily injury or property damage included in underlying in occurred then any continuation change 1. Up to 3000 for the or resumption of such bodily injury or do not have to furnis property damage during or after the policy period will be deemed to have woali i but only for bond am b.eeh nown prior to the policy perlod. of insurance availab 9. Bodily injury or property damage which furnish these bonds. occurs during the policy period and was not prior to the policy period known to have occurred by any insured or any employee authorized by you to give or e em y receive notice of an occurrence or claim 212 mdcludlng aclu includes any continuation change or aday because resumption of that bodily injury or property 4. All court costs taxed damage after the end of the policy period. the suit. However 10. Bodily injury or property damage will be include llorgeys deemed to have been known to have expenses laxed agal 2. The cost of bonds f 3. All reasonable exp insured at our req investigation or def occurred at the earliest time when any 5. Pre judgment intere insured or any employee authorized by insured on that pe you fo give or receive notice of an become obligated 1c occurrence or claim make an offer to pay Insurance we will nc interest based on tt the offer. 6. Allinterest awarded that amount of any the applicable Limit become obligated to a. Reports all or any part of the bodily injury or property damage to us or any other insurer b. Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or c. Becomes aware by any other means entry of the judgme that bodily injury or property damage paid offered to pay has occurred or has begun to occur. that part of the judgn 11. This insurance applies to personal and pay. advertising injury caused by an offense These Payments wil arising out of your business but only if the insurance. offense was committed in the coverage territory during the policy period DEFENSE AND SUPPLEMENTARY PAYMENTS Applicable to Coverage A and Coverage B A. We have the right and the duty to assume UMB 00 0204 13 Includes copyrighted material of Insurance Services Office Inc. with its permission. FPK FAEN3059519474 INSURED Page 3 of 20 43 0003783 | 1 |
UMB 00 02 0 413 C. In those circumstances where paragraph A. above d assume oes not apply we do not have the duty to control of the investigation settlement or defense of any claim or suit against the insured. We do however have the right to participate in the investigation settlement or defense create li policy. of any claim or suit that we feel may ability on our part under the terms of this If we exercise this right we will do so at our expense. We will not defend any suit after we have exhausted the applicable Limit of Insurance as stated in the Declarations. If we are carrying out AND SUPPI prevented by law or otherwise from the provisions of this section DEFENSE LEMENTARY PAYMENTS we will pay any expense incurred with our consent. LIMITS OF INSURANCE A. Applicable to Coverage A and Coverage B 1. With respect to Coverage A and Coverage B the Limits of Insurance shown in the Decl the larations and the rules below determine most we will pay regardless of the number of a. b. c. d. 2. The insureds claims made or suits brought against any or all insureds coverages provided under this policy or persons or organizations making claims or bringing suits. Limits of Insurance of this policy will apply as follows a. Page 4 of 20 FPK FAEN3059519474 The limit for Each Occurrence stated in the Declarations is the most we will pay for all damages arising out of any one occurrence even if such damages are covered in whole or in part under both Coverage A and Coverage B. Any amount paid for damages arising out of an occurrence will reduce the amount of the applicable aggregate limit of insurance available for payment of damages arising out of any other occurrence If the applicable aggregate limit of insurance has been reduced by payment of damages to an amount that is less than the limit of Each Occurrence stated in the Declarations the remaining aggregate limit of insurance is the most that will be available for payment of damages arising out of any other occurrence. b. Subject to para limit stated in tt Products Comple gate is the mo damages unc completed opera c. Subject to para limit stated in th Other Aggregate for all damages separately unde for 1 damage products co hazard or 2 damage cov insurance 1 aggregate lin 3. The Limits of Insura separately to eacl period and to any r than 12 months sta of the Policy P Declarations unless extended after issu period of less than 1 the additional period the preceding per determining the Limif B. Applicable to Coverage 1. With respect to Cov paragraphs 2.a. 2.b. a. if the limits of have been rec loss this policy excess of the re or b. if the limits of have been exh loss this policy 1 underlying insur The provisions of 1. to injury or offense w the expiration of this policy whichever cor Includes copyrighted material of Insurance Services Office Inc. with its permission. INSURED b. Subject to paragraph 2.a. above the limit stated in the Declarations for the Products Completed Operations Aggre gate is the most we will pay for all damages under the products completed operations hazard c. Subject to paragraph 2.a. above the limit stated in the Declarations for the Other Aggregate is the most we will pay for all damages under Coverage A or separately under Coverage B except for 1 damage covered under the products completed operations hazard or 2 damage covered under underlying insurance to which no underlying aggregate limit applies. 3. The Limits of Insurance of this policy apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the Policy Period shown in the Declarations unless the Policy Period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the preceding period for purposes of determining the Limits of Insurance. B. Applicable to Coverage A Only 1. With respect to Coverage A and subject to paragraphs 2.a. 2.b. and 2.c. above a. if the limits of underlying insurance have been reduced by payment of loss this policy will immediately apply excess of the reduced underlying limit or b. if the limits of underlying insurance have been exhausted by payment of loss this policy will continue in force as underlying insurance 2. The provisions of 1.a. and 1.b. above apply to injury or offense which takes place before the expiration of this policy or the underlying policy whichever comes first. UMB 00 02 04 13 43 0003784 | 1 |
erage A and Coverage B A and Coverage B this apply to ensation And Similar Laws of the insured under a ensation disability benefits or compensation law or any of the insured under the tirement Income Security Act 1. S. A and any amend or any similar federal state or S or expense payable under or 1 any first party physical rage no fault law personal n or auto medical payments uninsured or underinsured station age bodily injury property rsonal and advertising injury or threatened abuse or 1 by anyone of any person e care custody or control of d or ent yment gation jision ing to the proper authorities re o so report or ion rson for whom any insured is r was legally responsible and conduct would be excluded agraph a. above ersonal and advertising injury iny Named insured shown in 1s arising out of the activities of any other Named Insured eclarations. UMB 00 02 04 13 6. Damage To Your Product Injury or damage or property damage to your product arising out of it or any part of it. Damage To Your Work Injury or damage or 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. Employment related Practices Injury or damage bodily injury or personal and advertising injury to a. Aperson arising out of any 1 Refusal to employ that person 2 Termination of that person s employment or 3 Employment related practices pol icies acts or omissions such as coercion demotion evaluation reassignment discipline defa mation harassment humiliation discrimination or malicious prose cution directed at that person or b. The spouse child parent brother or sister of that person a consequence of injury or damage bodily injury or personal and advertising injury to that person at whom any of the employment related practices described in Paragraph 1 2 or 3 above is directed. This exclusion applies whether the injury causing event described in Paragraph 1 2 or 3 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. Fungi Or Bacteria a. Injury or damage bodily injury property damage or personal and advertising injury which would not have occurred in whole or in part but for the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents. Includes copyrighted material of Insurance Services Office Inc. Page 5 of 20 with its permission. INSURED 43 0003785 EXCLUSIONS A. Applicable to Coverage A and Coverage B Under Coverage A and Coverage B this insurance does not apply to 1. 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.R LS. A Any obligation of the insured under the Employees Retirement Income Security Act of 1974 E. R. I. S. A and any amend ments thereto or any similar federal state or local statute. Auto Coverages 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. Abuse or Molestation Injury or damage bodily injury property damage or personal and advertising injury arising out of a. The actual or threatened abuse or molestation by anyone of any person while in the care custody or control of any insured or b. The negligent 1 Employment 2 Investigation 3 Supervision 4 Reporting to the proper authorities or failure to so report or 5 Retention of a person for whom any insured is or ever was legally responsible and whose conduct would be excluded by Paragraph a. above Cross Suits Injury or damage bodily injury property damage or personal and advertising injury sustained by any Named insured shown in the Declarations arising out of the activities or operations of any other Named Insured shown in the Declarations UMB 00 02 04 13 FPK FAEN3059519474 | 1 |
UMB 00 02 04 13 10. 11. 12. regardless of whether any other cause event material or product contributed concurrently or in any sequence to such injury or damage bodily injury property damage or personal and advertising injury. 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 consumption. Punitive Damages Any punitive or exemplary damages fines or penalties. 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. 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 ROMSs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. Silica Or Silica Related Dust a. Injury or damage bodily injury property damage or 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 13. Asbestos Electronic Emissions Lead or Radon Injury or damage bodily injury property damage or personal and advertising injury arising out of a. Asbestos including but not limited to any injury or damage related to arising or alleged to have arisen out of any use. exposure existence detection removal. elimination avoidance act error omission failure to disclose or warn of the presence of asbestos or any other duty involving asbestos b. Electromagnetic emissions or radiation including but not limited to any injury or damage related to arising or alleged to have arisen out of any use exposure existence detection removal elimi nation avoidance act error omission failure to disclose or wam of the presence of electromagnetic emissions or radiation or any other duty involving electromagnetic emissions or radiation c. Lead including but not limited to any injury or damage related to arising or alleged to have arisen out of any use. exposure existence detection removal. elimination avoidance act error omission failure to disclose or warn of the presence of lead or any other duty involving lead or d. Radon or any other radioactive emissions manmade or natural including but not limited to any injury or damage related to arising or alleged to have arisen out of any use exposure. existence detection removal elimination avoidance act error omission failure to disclose or warn of the presence of radon or any other radioactive emissions or any other duty involving radon or other radioactive emissions. B. Applicable to Coverage A Only The exclusions applicable to the underlying insurance also apply to this insurance Additionally this insurance does not apply to 1. Damage To Property Injury or damage to a. Property Page 6 of 20 FPK FAEN3059519474 Includes copyrighted material of Insurance Services Office Inc. with its permission. INSURED UMB 00 02 04 13 43 0003786 | 1 |
UMB 00 02 04 13 1 Being transported or towed by handled or handled for movement into onto or from the covered auto 2 Otherwise in the course of transit by or on behalf of the insured or 3 Being stored disposed of treated or processed in or upon the covered auto Before the pollutants or any property in which the pollutants are contained are m oved from the place where they are accepted by the insured for movement into or onto the covered auto or After the pollutants or any property in which the pollutants are contained are m oved from the covered auto to the place where they are finally delivered disposed of or abandoned by the insured. Paragraph a. above does not apply to fuels. lubricants fluids exhaust gases or other similar pollutants that are needed for or result from the normal electrical hydraulic or mechanical functioning of the covered auto or its parts if 1 The pollutants escape seep. 2 migrate or are discharged. dispersed or released directly from an auto part designed by its manufacturer to hold store receive or dispose of such pollutants and The injury or damage or covered pollution cost or expense does not arise out of the operation of any equipment listed in Paragraphs 10.b. and 10.c. of the definition of mobile equipment. Paragraphs b. and c. above of this exclusion do not apply to occurrences that occur away from premises owned by or rented to an in sured with respect to pollutants not in or upon a covered auto if 1 The pollutants or any property in 2 which the pollutants are contained are upset overturned or damaged as a result of the maintenance or use of a covered auto and The discharge dispersal seepage. migration release or escape of the pollutants is caused directly by such upset overturn or damage. 1 You own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement resto ration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property or 2 Owned or transported by the insured and arising out of the ownership maintenance or use of a covered auto. Premises you sell give away or abandon if the injury or damage arises out of any part of those premises Property loaned to you Personal property in the care custody or control of the insured That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the injury or damage arises out of those operations or That particular part of any property that must be restored repaired or replaced because your work as defined in the underlying insurance was incorrectly performed on it. Paragraph b. of this exclusion does not apply if the premises are your work as defined in the underlying insurance and were never occupied rented or held for rental by you Paragraphs a.2. d. e. and. of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraphs c. and d. of this exclusion do not apply to liability assumed under a written Trailer Interchange agreement Paragraph f. of this exclusion does not apply to injury or damage included in the products completed operations hazard. Auto Pollution Injury or damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants That are or that are contained in any property that is UMB 00 02 04 13 FPK FAEN3059519474 Includes copyrighted material of Insurance Services Office Inc. with its permission. INSURED Page 7 of 20 43 0003787 | 1 |
UMB 000204 13 3. Other Than Auto Pollution a. Page 8 of 20 FPK FAEN3059519474 Injury or damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants 1 At or from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does not apply to a Injury or damage if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests b Injury or damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or c Injury or damage arising out of heat smoke or fumes from a hostile fire 2 At or from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste 3 Which are or were at any time transported. handled stored treated disposed of or processed as waste by or for a Any insured or b Any person or organization for whom you may be legally responsible or 4 At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any 5 insured s b operations brought on or location i operations contractor However th not apply to a Injury ol the escal other op needed electrica mechani for the equipme fuels operating vehicle store o exceptio injury ol the ir dispersa lubricant fluids or or othe brought site or that disperse the oper by such subcontr b Injury within a the reles vapors into that with opel by you contractc c Injury ol heat sn hostile f At or from location on w contractors working dire insured s b operations if test for mor contain trea or in any wa the effects of Includes copyrighted material of Insurance Services Office Inc. with its permission. INSURED 5 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. However this subparagraph does not apply to a Injury or damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels Ilubricants or other operating fluids escape from a vehicle part designed to hold. store or receive them. This exception does not apply if the injury or damage arises out of the intentional discharge. dispersal or release of the fuels. lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor b Injury or damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor or Injury or damage arising out of heat smoke or fumes from a hostile fire. 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. UMB 00 02 04 13 43 0003788 | 1 |
UMB 000204 13 c. 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 1 The supervision hiring employ ment training or monitoring of others by that insured or 2 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 a. b. ar c. 4. Auto Coverages Bodily injury or property damage arising out of the ownership maintenance or use of any auto within the United States of America including its possessions and territories Puerto Rico and Canada or while autos are being transported between these places. 5. Employer s Liability Bodily injury to a. An employee of the insured arising out of and in the course of 1 Employment by the insured or 2 Performing duties related to the conduct of the insured s business or b. The spouse child parent brother or sister of that employee as a consequence of Paragraph a. 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. 6. 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 ance Services Office Inc. Page 9 of 20 ion. 43 0003789 b. Any loss cost or expense arising out of any 1 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 2 Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. However this paragraph does not apply to liability for damages because of injury or damage that the insured would have in the absence of such request demand order or statutory or regulatory requirement or such claim or suit by or on behalf of a governmental authority. C. Applicable to Coverage B Only Under Coverage B this insurance does not apply to 1. 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. 2. Contractual Liability Bodily injury property damage or personal and advertising injury 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 that the insured would have in the absence of the contract or agreement. 3. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of a. Causing or contributing to the intoxication of any person b. The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or UMB 00 02 04 13 FPK FAEN3059519474 Includes copyrighted material of Insurance Services Office Inc. with its permission. INSURED | 1 |
UMB 00 02 04 13 damage involved the ownership main operations if tenance use or entrustment to others of any arises out of thos aircraft or watercraft that is owned or f. That particular p operated by or rented or loaned to any must be restore insured. because your 7. Racing Activities performed on it. Bodily injury or property damage arising 10. Damage To Impaire out of the use of mobile equipment or Not Physically Injurex autos in or while in practice for or while Property damage t being prepared for any prearranged property that has professional or organized racing speed injured arising out of demolition or stunting activity or contest a. A defect defic 8. War dangerous condi Bodily injury or property damage your work or however caused arising directly or b. A delay or fail indirectly out of acting on your a. War including undeclared or civil war contract or agr b. Warlike action by a military force with its terms. including action in hindering or This exclusion does defending against an actual or expected use of other propert attack by any government sovereign or and accidental ph other authority using military personnel product or your wo or other agents or to its intended use. c. Insurrection rebellion revolution 11. Recall Of Product usurped power or action taken by Property governmental authority in hindering or Damages claimed defending against any of these. expense incurred by 9. Damage To Property loss of use withdre Property damage to repair replacement. disposal of a. Property.. a. Your product 1 You own rent or occupy including W. any costs or expenses incurred by b. Your work or you or any other person c. Impaired proper organization or entity for repair if such product replacement enhancement resto withdrawn or recall ration or maintenance of such from use by any property for any reason including because of a know prevention of injury to a person or deficiency inadeq damage to another s property or condition in it 2 Owned or transported by the 12. Professional Service insured and arising out of the Bodily iniury o ownership maintenance or use of a persoal ndy dvepr c.overed auto.. rendering of or f. b. Premises you sell give away or professional service abandon if the property damage limited to arises out of any part of those premises a Llegal accour c. Property loaned to you services d. Personal property in the care custody b. Preparing app or control of the insured prepare or a e. That particular part of real property on drawings opinic which you or any contractors or field orders cha subcontractors working directly or or specifications indirectly on your behalf are performing Page 10 of 20 Includes copyrighted material of Insurance Services Office Inc. with its permission. K FAEN3059519474 INSURED 10. 11. 12. operations if the property damage arises out of those operations or. That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. 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 a. A defect deficiency inadequacy or dangerous condition in your product or your work or b. 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 a. Your product b. Your work or c. 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 Professional Services Bodily injury property damage and personal and advertising injury due to 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 Page 10 of 20 FPK FAEN3059519474 UMB 00 02 04 13 43 0003790 | 1 |
supervision quality control al or engineering activities for you on a project on which s construction manager g services including related y or inspection services surgical dental X ray or rvices treatment advice or th or therapeutic service advice or instruction ice treatment advice or for the purpose of e or skin enhancement hair r replacement or personal or therapy ice freafment advice or relating to physical fitness service treatment advice or in connection with diet cular fitness body building or ining programs or optical or hearing aid including the prescribing 1 fitting demonstration or of ophthalmic lenses and ducts or hearing aid devices ing or tattooing services the practice of pharmacy ement or firefighting services embalming disposal burial or disinterment of dead applies even if the claims nsured allege negligence or ing in the supervision hiring ing or monitoring of others if the occurrence which bodily injury property ersonal and advertising injury ndering of or failure to render al service Distribution Of Material Or Violation Of Law property damage or advertising injury arising irectly out of any action or iolates or is alleged to violate hone Consumer Protection including any amendment on to such law Includes copyrighted material of Insurance Services Office Inc. 14. with its permission. INSURED UMB 000204 13 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. Personal and Advertising Injury a. Knowing Violation Of Rights Of Another Caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. b. 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. c. 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 d. Criminal Acts Arising out of a criminal act committed by or at the direction of the insured. e. Breach Of Contract Arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement f. 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 g. Wrong Description Of Prices Arising out of the wrong description of the price of goods products or services stated in your advertisement. Page 11 of 20 43 0003791 13. c. Inspection supervision quality control architectural or engineering activities done by or for you on a project on which you serve as construction manager d. Engineering services including related supervisory or inspection services e. Medical surgical dental X ray or nursing services treatment advice or instruction 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 freafment advice or instruction relating to physical fitness including service treatment advice or instruction in connection with diet cardio vascular fitness body building 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 or tattooing services k. Services in the practice of pharmacy I. Law enforcement or firefighting services and m. Handiing 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 occurrence which caused the bodily injury property damage or personal and advertising injury involved the rendering of or failure to render any professional service. Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury property damage or personal and advertising injury arising directly or indirectly out of any action or omission that violates or is alleged to violate a. The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law UMB 00 02 04 13 FPK FAEN3059519474 | 1 |
Page 12 of 20 FPK FAEN3059519474 UMB 00 02 04 13 h. Infringement Of Copyright Patent Trademark Trade Secret Or Trade Name Arising out of the infringement of copyright patent trademark trade secret trade name or other intellectual property rights. Under this exclusion such other intellectual property rights do not include the use of anothers advertising idea in your advertisement. However this exclusion does not apply to infringement in your advertisement of copyright trade dress or slogan. i. Insureds In Media And Internet Type Businesses Committed by an insured whose business is 1 Advertising broadcasting pub lishing or telecasting 2 Designing or determining content of websites for others or 3 An Internet search access content or service provider. However this exclusion does not apply to Paragraphs 13.a. b. and c. of personal and advertising injury under the DEFINITIONS section C. Applicable to Coverage B Only. 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. J 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. k. 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. 15. Pollution a. Bodily injury property damage or personal and advertising injury 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 b. Any loss cost o any 1 Request der or regulator insured or clean up r detoxify or n respond o pollutants 2 Claim or sui governmente because of cleaning up treating dets or in any assessing pollutants. DEFINITIONS A. Applicable to Coverage As used in Coverage A a 1. Auto means a. a Land motor v trailer designed roads including or equipment or b. any other land v a compulsory or law or other mot where it is i garaged. However auto do equipment. 2. Covered auto mean which underlying ins 3. Fungi means any f including mold o mycotoxins spores produced or releasec 4. Loss means those the settlement or sati which the insured pay as damages offense after makin all recoveries and sa 5. Mobile equipment following types of any attached machin a. bulldozers farm other vehicles principally off pul Includes copyrighted material of Insurance Services Office Inc. with its permission. INSURED b. Any loss cost or expense arising out of any 1 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 2 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. DEFINITIONS A. Applicable to Coverage A and Coverage B As used in Coverage A and Coverage B 1. Auto means a. a Land motor vehicle trailer or semi trailer designed for travel on public roads including any attached machinery or equipment or b. any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However auto does not include mobile equipment. 2. Covered auto means only those autos to which underlying insurance applies. 3. Fungi means any type or form of fungus. including mold or midew and any mycotoxins spores scents or byproducts produced or released by fungi. 4. Loss means those sums actually paid in the settlement or satisfaction of a claim which the insured is legally obligated to pay as damages because of injury or offense after making proper deductions for all recoveries and salvage. 5. 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 UMB 00 02 04 13 43 0003792 | 1 |
6. UMB 00 02 04 13 Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. Other insurance means a policy of insurance affording coverage that this policy also affords. Other insurance includes any type of self insurance or other mechanism by which an insured arranges for funding of legal liabilities. Other insurance does not include underlying insurance or a policy of insurance specifically purchased to be excess of this policy affording coverage that this policy also affords. Pollutants means any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. Products completed operations hazard means all injury or damage bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except a. products that are still in your physical possession or b. work that has not yet been completed or abandoned. Your work will be deemed completed at the earliest of the following times 1 when all of the work called for in your contract has been completed 2 when all the work to be one at the site has been completed if your con tract calls for work at more than one site or 3 when that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed This hazard does not include injury or damage bodily injury or property damage arising out of b. vehicles maintained for use solely on or 6. Occurrence means next to premises you own or rent continuous or re c. vehicles that travel on crawler treads substantially the s conditions. d. vehicles whether self propelled or not N N maintained primarily to provide mobility 7. Other insurance 1o permanently mounted insurance affording c b hovels. loaders also affords. Other power cranes shovels loaders type of self insuranc diggers or drills or by which an insure 2 road construction or resurfacing of legal liabilities equipment such as graders Other insurance scrapers or rollers underlying insurar e. vehicles not described in a. b.. or d. insurance specifica above that are not self propelled and excess of this policy are maintained primarily to provide this policy also afforc mobility to permanently attached 8. Pollutants means a equipment of the following types or thermal irritant or 1 air compressors pumps and smoke vapor soot generators including spraying chemicals and w welding building cleaning materials to be rec geophysical exploration lighting and reclaimed. well servicing equipment or 9. Products completed 2 cherry pickers and similar devices means all injury or used to raise or lower workers and property damag f. vehicles not described in a. b. c. or d. premises you own of above maintained primarily for purposes your product or yo other than the transportation of persons a. products that ar or cargo. possession or However self propelled vehicles with b. work that has no the following types of permanently abandoned. Yo attached equipment are not mobile completed at the equipment but will be considered times autos 1 when all of 1 equipment designed primarily for your contrac a snow removal 2 when all the b road maintenance but not site has beer construction or resurfacing or tract calls for c street cleaning site or 2 cherry pickers and similar devices 3 when that pz mounted on automobile or truck ob site has chassis and used to raise or lower use by any workers and other than. subcontracto 3 air compressors pumps and project generators including spraying Work that welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not. include land vehicles that are subject to a This hazard doe compulsory or financial responsibility law or damage bodil other motor vehicle insurance law where it is damage arising licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. maintenance replacement bt complete will be UMB 00 0204 13 Includes copyrighted material of Insurance Services Office Inc. with its permission. FPK FAEN3059519474 INSURED Page 13 of 20 43 0003793 | 1 |
UMB 00 02 04 13 1 the ftransportation of property b. containers ol uniess the injury or damage bodily materials parts injury or property damage arises in connection out of a condition in or on a vehicle products. not owned or operated by you and Your product inclug that condition was created by loading or unloading of that vehicle by any insured or 2 the existence of tools uninstalled equipment or abandoned or unused materials 10. Silica means silicon dioxide occurring in crystalline amorphous and impure forms silica particles silica dust or silica a. warranties or re any time with quality durability your product a b. the providing o warnings or instr Your product doe machines or other located for use of oth compounds... 11. Silica related dust means a mixture or 16. Your work means combination of silica and other dust or a. work or operatio particles. on your behalf a 12. Suit means a civil proceeding in which b. materials parts injuries or damages to which this insurance in connection applies are alleged. Suit includes operations. a. an arbitration proceeding in which such Your work includes damages are claimed and to which you a. warranties or re must submit or do submit with our con any time with sent or quality durability b. any other alternative dispute resolution your work and proceeding in which such damages are b. the providing o claimed and to which you submit with warnings or instr our consent. 13. Underlying insurance means the policy or policies of insurance listed in the Schedule B. Applicable to Coverage As used in Coverage A of Underlying Insurance forming a part of 1. Injury or damage this policy including any type of self damagle covered insurance or alternative method by which underlying insuran the insured arranges for funding of legal occurrence. liabilities that affords coverage that this 2. Insured means policy covers. a. the Named In Underlying insurance does not include any Declarations Extended Reporting Periods on the policies b. any person or shown in the Declarations. Extended an additional in Heponing Periods must be endorsed onto insured in und this policy by us. c. any additional in 14. Underlying insurer means any insurer who of underlying provides any policy of insurance listed in the matically be ar Schedule of Underlying Insurance. insurance. 15. Your product means Subject to the LI a. any goods or products other than real sectjqn if cove property manufactured sold handled additional insur distributed or disposed of by contract or agre 1 you pay on behalf o. is 2 others trading under your name or 3 a person or organization whose business or assets you have acquired and Page 14 of 20 Includes copyrighted material of Insurance Services Office Inc. with its permission. FPK FAEN3059519474 INSURED b. containers other than vehicles materials parts or equipment furnished in connection with such goods or products. Your product includes a. warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and b. the providing of or failure to provide warnings or instructions. Your product does not include vending machines or other property rented to or located for use of others but not sold. 16. Your work means a. work or operations performed by you or on your behalf and b. materials parts or equipment furnished in connection with such work or operations. Your work includes a. warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and b. the providing of or failure to provide warnings or instruction. B. Applicable to Coverage A Only As used in Coverage A 1. Injury or damage means any injury or damage covered in the applicable underlying insurance arising from an occurrence. 2. Insured means a. the Named Insured stated in the Declarations b. any person or organization other than an additional insured included as an insured in underlying insurance and. any additional insured under any policy of underlying insurance will auto matically be an insured under this insurance. Subject to the LIMITS OF INSURANCE section 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 UMB 00 02 04 13 43 0003794 | 1 |
UMB 000204 13 7. Insured means a. If you are designated in the Declarations as 1 An individual you and your spouse. but only with respect to the conduct of a business of which you are the sole owner. 2 A partnership or joint venture your members partners and their spouses are also insureds but only with respect to the conduct of your business. 3 A limited liability company any member 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 your executive officers and directors 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. b. Any organization over which the Named Insured maintains majority interest and to which more specific insurance does not apply other than one which you newly acquire or form c. Any newly acquired or formed organization over which the Named Insured maintains majority interest and to which more specific insurance does not apply provided that this policy does not apply to any injury or damage that took place before you acquired or formed the organization d. 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 are insureds for bodily injury or personal and advertising injury 1 the minimum amount of insurance 7. required by the contract or Insured means agreement less any amounts a. If you are design payable by any underlying as o insurance or 1 An individual 2 the amount of insurance available but only witt under the applicable Limits of of a busines Insurance shown in the Declara sole owner. tions 2 A partnershi whichever is less members 3. Covered auto means only those autos to spouses are which underlying insurance applies. only with re 4. Hostile fire means one which becomes V fbses uncontrollable or breaks out from where it 3 A limited was intended to be. member but C. Applicable to Coverage B Only conduct of managers a As used in Coverage B with respect 1. Advertisement means a notice that is managers. broadcast or published to the general public 4 An organiz or specific market segments about your partnership goods products or services for the purpose liability com of attracting customers or supporters. officers and 2. Bodily injury means physical injury sick respect to ness or disease to a person and if arising officers Q out of the foregoing mental anguish mental stockholders injury shock or humiliation including death only with res at any time resulting therefrom. stockholders 3. Coverage territory means anywhere in the b. Any organization world with the exception of any country or Insured maintair jurisdiction which is subject to trade or other to which more economic sanctions or embargo by the not apply othe United States of America newly acquire or 4. Employee includes a leased worker. c. Any newly Employee does not include a temporary organization ov worker Insured maintair 5. Executive officer means a person holding to which more any of the officer positions created by your not apply provid charter constitution by laws or any other not apply to any similar governing document. Dk 59 bef 6. Impaired property means tangible orme orgar property other than your product or your d. Your employees work that can not be used or is less useful executive offic because organization oth oo joint venture or i a. it incorporates your product or your or your manage workthat is knpwn or thought to be Iiabi lity compgn S fnecehreu s.odrehcleni inadequate or within the scope 9 e. you or while perf b. you have failed to fulfill the terms of a the conduct of y contract or agreement none of these e if such property can be restored to use by for lodilyv nju a. the repair replacement adjustment or advertising injury removal of your product or your work b. your fulfiling the terms of the contract or agreement. UMB 0002 04 13 Includes copyrighted material of Insurance Services Office Inc. with its permission. FPK FAEN3059519474 INSURED Page 15 of 20 43 0003795 | 1 |
UMB 00 02 04 13 1 To you to your pariners or members if you are a partnership or joint venture to your members if you are a limited liability company to a coemployee in the course of his or her employment or performing duties related to the conduct of your business 2 To the spouse child parent brother or sister of that coemployee as a consequence of Paragraph 1 above or 3 For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph 1 or 2 above. e. any person or organization while acting as your real estate manager or f. your legal representative if you die but only with respect to duties as such. No person or organization is an insured with respect to the conduct of any current past or newly formed partnership or joint venture that is not designated within the Declarations of this policy as Named Insured. 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 include a temporary worker. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses committed in the course of your business 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 of material that slanders or libels a person or organization or disparages a person s or organizations goods products or services ou 1o your pariners or ers if you are a partnership or enture to your members if e a limited liability company employee in the course of 1er employment or performing related to the conduct of your SS spouse child parent brother r of that coemployee as a juence of Paragraph 1 or lich there is any obligation to damages with or repay ne else who must pay es because of the injury ed in Paragraph 1 or 2 1 or organization while acting il estate manager or representative if you die but spect to duties as such. organization is an insured the conduct of any current formed partnership or joint s not designated within the of this policy as Named r means a person leased to bor leasing firm under an tween you and the labor perform duties related to the r business. Leased worker temporary worker I advertising injury means ing consequential bodily out of one or more of the ses committed in the course 5 t detention or imprisonment rosecution ful eviction from wrongful or invasion of the right of upancy of a room dwelling or that a person occupies by or on behalf of its owner lessor itten publication of material ers or libels a person or n or disparages a person s or ns goods products or e. oral or written publication of material that violates a person s right of privacy f. discrimination unless insurance cover age therefore is prohibited by law or statute g. the use of another s advertising idea in your advertisement or h. infringing upon another s copyright trade dress or slogan in your advertisement 10. 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 shall be deemed to occur at the time of the occurrence that caused it. 11. 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. 12. Tort liability means a liability that would be imposed by faw in the absence of any contract or agreement. CONDITIONS Applicable to Coverage A and Coverage B The following Conditions are applicable to both Coverage A and Coverage B. 1. Appeals At our option we can initiate or participate in an appeal of a judgment against any insured if the judgment is for more than the amount of the Retained Limit Aggregate stated in the Declarations or the Limits of Insurance of underlying insurance. If we initiate or participate in an appeal we will pay our costs of the appeal These payments will be in addition to the Limits of Insurance of this policy. 2. Audit of Books and Records We may audit the insured s books and records at any time during the term of this insurance or within three vyears after expiration or termination. 3. Bankruptey or Insolvency a. Bankruptcy or Insolvency of Insured Bankruptcy or insolvency of the insured or the insured s estate will not relieve us of our obligations under this policy. Includes copyrighted material of Insurance Services Office Inc. UMB 0002 04 13 with its permission. INSURED 43 0003796 Page 16 of 20 FPK FAEN3059519474 | 1 |
7. 8. UMB 000204 13 1 are notified as soon as possible of any occurrence which may result in a claim if the claim may involve this policy or any underlying insurance 2 receive notice of the claim or suit as soon as possible 3 are helped at our request to enforce any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance applies and 4 receive the insured s full cooperation as stated in this policy or in any underlying insurance. b. Additionally it is a requirement of this policy that 1 the insured not make any admission of liability and 2 the insured not unless we agree. incur any expense or make any payment other than for first aid. Any such unauthorized expenses will be the insured s own cost. First Named Insured The person or organization first named in the Declarations is primarily responsible for the payment of all premiums. The first Named Insured will act on behalf of all other insureds for the giving and receiving of notice of cancellation and the receiving of any return premiums that become payable under this policy. Inspections and Surveys a. We have the right but are not obligated to 1 make inspections and surveys at anytime 2 give you reports on the conditions we find and 3 recommend changes. b. Any inspections surveys reports or re commendations relate only fo insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions 4. b. Bankruptcy or Insolvency of Underlying Insurer Bankruptcy or insolvency of the underlying insurer will not relieve us of our obligations under this policy. 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. Cancellation a. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance writ ten notice of cancellation. b. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least 1 10 days before the effective date of cancellation if we cancel for nonpayment of premium or 2 30 days before the effective date of cancellation if we cancel for any other reason. c. We will mail or deliver our notice to the first Named Insured s last mailing ad dress known to us. d. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. e. 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 effective even if we have not made or offered a refund. f. If notice is mailed proof of mailing will be sufficient proof of notice. Changes Notice to any agent or knowledge possessed by any agent or by any other person will not effect a waiver or change in any part of this policy. This policy can only be changed by a written endorsement that becomes part of this policy. Duties in the Event of Occurrence Claim or Suit a. You must see to it that we and your underlying insurers UMB 0002 04 13 FPK FAEN3059519474 Includes copyrighted material of Insurance Services Office Inc. with its permission. INSURED Page 17 of 20 43 0003797 | 1 |
UMB 00 02 04 13 1 are safe or healthful or 2 comply with laws regulations codes or standards. This condition applies not only to us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys reports or recommendations. 9. Maintenance of Underlying Insurance While this policy is in effect you agree to maintain underlying insurance in full force. This means that 1 underlying insurance may not be cancelled or non renewed by either you or the insurance company with out notifying us 2 renewals or replacements of under lying insurance will not be more restrictive in coverage 3 terms conditions and endorsements of underlying insurance will not materially change 4 collectability of underlying insurance limits as listed in the Schedule of Underlying Insurance or replacements thereof must be available regardless of the bankruptcy or insolvency of the underlying insurers and 5 limits of underlying insurance will not change except for any reduction in the aggregate limits of insurance by payment of loss. Your failure andor your underlying insurer s failure to comply with this condition will not invalidate this policy but in the event of such failure we will only be liable to the same extent as if there had been compliance with this condition. 10. Other Insurance If other insurance applies to claims covered by this policy the insurance under this policy is excess and we will not make any payments until the other insurance has been exhausted by payment of claims. This insurance is not subject to the terms or conditions of any other insurance. 1 1 12. 13. 14. 0. Other Insurance If other insurance applies to claims covered by this policy the insurance under this policy is excess and we will not make any payments until the other insurance has been exhausted by payment of claims. This insurance is not subject to the terms or conditions of any other insurance.. Other Umbrella Liability Policies If this policy and any other umbrella liability policy issued to you by us or any affiliated Company apply to the same occurrence the total maximum amount payable under all policies shall not exceed the highest applicable limit of liability under any one policy. Policy Period a. If the underlying insurance applies on a claims made basis this insurance will respond to injury or damage only if a claim for damages is first received and recorded in the manner prescribed by the underlying insurance during the policy period of this insurance shown in the Declarations. including any Extended Reporting Period applicable to this insurance regardless of any Extended Reporting Period applicable to underlying insurance b. If the underlying insurance does not apply on a claims made basis this insurance will respond to injury or damage that occurs or arises from an offense committed during the policy period of this insurance shown in the Declarations. Premium The premium for this policy as stated in of the Declarations is a flat premium. It is not subject to adjustment unless an endorsement is attached to this policy. 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 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. Page 18 of 20 FPK FAEN3059519474 Includes copyrighted material of Insurance Services Office Inc. with its permission. INSURED UMB 00 02 04 13 43 0003798 | 1 |
UMB 000204 13 1. Under any Liability Coverage to bodily injury or property damage a. With respect to which an insured under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability or b. Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the insured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization. 2. Under any Medical Payments Coverage to expenses incurred with respect to bodily injury resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. 3. Under any Liability Coverage to bodily injury or property damage resulting from hazardous properties of nuclear material. if a. The nuclear material a is at any nuclear facility owned by or operated by or on behalf of an insured or b has been discharged or dispersed therefrom b. The nuclear material is contained in spent fuel or waste at any time possessed handled used processed stored transported or disposed of by or on behalf of an insured or 15. 16. 17. 18. Separation of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned to the first Named Insured this insurance applies 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. Transfer of Rights and Duties Your rights and duties under this insurance may not be transferred without our written consent. If you die then your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is apportioned anyone having temporary custody of your property will have your rights and duties but only with respect to that property. Transfer of Rights of Recovery a. If the insured has rights to recover all or part of any payment we have made under this insurance 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. b. Any amount recovered will be appointed in the inverse order of payment of loss to the extent of actual payment. The expenses of all such recovery proceedings will be apportioned in the ratio of respective recoveries. When Loss is Payable This policy will not apply until the insured or the insured s underlying insurer is obligated to pay the full amount of the underfying limit or Retained Limit Aggregate When the amount of loss has finally been determined we will promptly pay on behalf of the insured the amount of loss which falls within the terms of this policy. The first Named Insured will promptly reimburse us for any amount within the Retained Limit Aggregate paid by us. NUCLEAR ENERGY LIABILITY EXCLUSION A. The insurance does not apply UMB 002 04 13 FPK FAEN3059519474 Includes copyrighted material of Insurance Services Office Inc. with its permission. INSURED Page 19 of 20 43 0003799 | 1 |
UMB 000204 13 c. The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this Exclusion c. applies only to property damage to such nuclear facility and any property thereat. B. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties Nuclear material means source material Special nuclear material or by product material Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility. Nuclear facility means a Any nuclear reactor b Any equipment or device designed or used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packaging waste Any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material Property damage includes all forms of radioactive contamination of property. c C Page 20 of 20 FPK FAEN3059519474 Includes copyrighted material of Insurance Services Office Inc. with its permission. INSURED UMB 00 02 04 13 43 0003800 | 1 |
A. UMB 00 52 01 15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY If aggregate insured losses attributable to terror ist 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 ac cordance with procedures established by the Secretary of the Treasury. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism included in 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 dan gerous to human life property or infrastruc ture and is committed by an individual or in dividuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. B. The terms and limitations of any terrorism exclu sion or the inapplicability or omission of a terror ism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under the Policy. All terms and conditions of this policy apply unless modified by this endorsement. 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 dan gerous to human life property or infrastruc ture and is committed by an individual or in dividuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. B. The terms and limitations of any terrorism exclu sion or the inapplicability or omission of a terror ism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under the Policy. UMB 00 52 01 15 FPK FAEN3059519474 Page 1 of 1 43 0003801 Includes Copyrighted Material of Insurance Services Office Inc. with its permission. INSURED | 2 |
UMB 00 64 01 20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONDITIONAL EXCLUSION OF TERRORISM RELATING TO DISPOSITION OF FEDERAL TERRORISM RISK INSURANCE ACT COMMERCIAL UMBRELLA LIABILITY POLICY A. Applicability Of The Provisions Of This Endorsement 1. 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 termi nated with respect to the type of insur ance provided under this policy or b. A renewal extension or replacement of the Program has become effective with out a requirement to make terrorism cov erage available to you and with revisions that 1 Increase our statutory percentage de ductible under the Program for terror ism losses. That deductible deter mines the amount of all certified terrorism losses we must pay in a cal endar year before the federal govern ment shares in subsequent payment of certified terrorism losses. or Decrease the federal government s statutory percentage share in poten tial terrorism losses above such de ductible or Redefine terrorism or make insurance coverage for terrorism subject to pro visions or requirements that differ from those that apply to other types of events or occurrences under this pol icy. This endorsement modifies insurance provided under the following 2. If the provisions of this endorsement be come applicable such provisions a. Supersede any terrorism endorsement already endorsed to this policy that ad dresses certified acts of terrorism andor other acts of terrorism but only with respectto an incidents of terrorism however defined which results in injury or damage that occurs on or after the date when the provisions of this endorse ment become applicable for claims made policies such an endorsement is super seded 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 provi sions of this endorsement become appli cable and b. Remain applicable unless we notify you of changes in these provisions in re sponse to federal law. 3. Ifthe provisions of this endorsement do NOT become applicable any terrorism endorse ment already endorsed to this policy that addresses certified acts of terrorism andor other acts of terrorism will con tinue in effect unless we notify you of changes to that endorsement in response to federal law. B. The following definitions are added and apply under this endorsement wherever the term terrorism or the phrase any injury or damage are enclosed in quotation marks 1. Terrorism means activities against persons organizations or property of any nature 2. If the provisions of this endorsement be come applicable such provisions a. Supersede any terrorism endorsement already endorsed to this policy that ad dresses certified acts of terrorism andor other acts of terrorism but only with respectto an incidents of terrorism however defined which results in injury or damage that occurs on or after the date when the provisions of this endorse ment become applicable for claims made policies such an endorsement is super seded 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 provi sions of this endorsement become appli cable and b. Remain applicable unless we notify you of changes in these provisions in re sponse to federal law. 3. Ifthe provisions of this endorsement do NOT become applicable any terrorism endorse ment already endorsed to this policy that addresses certified acts of terrorism andor other acts of terrorism will con tinue in effect unless we notify you of changes to that endorsement in response to federal law. B. The following definitions are added and apply under this endorsement wherever the term terrorism or the phrase any injury or damage are enclosed in quotation marks 1. Terrorism means activities against persons organizations or property of any nature Includes copyrighted material of Insurance Services Office Inc. with its permission INSURED Page 1 of 2 43 0003802 UMB 00 6401 20 FPK FAEN3059519474 | 2 |
UMB 00 64 01 20 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 inter feres with or disrupts an electronic com munication 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 It appears that the intent is to intimidate or coerce a government or to further po litical ideological religious social or eco nomic objectives or to express or ex press opposition to a philosophy or ideology. 2. 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 environmen tal damage as may be definedin any applicable Coverage Part or underlying insurance. C. The following exclusion is added EXCLUSION OF TERRORISM We will not pay for any injury or damage caused directly or indirectly by terrorism including action in hindering or defending against an actual or ex pected incident of terrorism. Any injury or dam age is excluded regardless of any other cause or event that contributes concurrently or in any se quence to such injury or damage. But this exclu sion applies only when one or more of the fol lowing are attributed to an incident of terrorism 1. The terrorism is carried out by means of the dispersal or application of radioactive material or through the use of a nuclear weapon or de vice that involves or produces a nuclear reac tion nuclear radiation or radioactive contamina tion or 2. Radioactive material is released and it appears that one purpose of the terrorism was to re lease such material or 3. The terrorism is carried out by means of the dispersal or application of pathogenicor poison ous 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 5. The total of insured damage to all types of prop erty exceeds 25000000. In determining whether the 25000000 threshold is ex ceeded we will include all insured damage sus tained by property of all persons and entities af fected by the terrorism and business interruption losses sustained by owners or oc cupants of the damaged property. For the pur pose of this provision insured damage means damage that is covered by any insurance plus damage that would be covered by any insur ance but for the application of any terrorism ex clusions or 6. Fifty or more persons sustain death or serious physical injury. For the purposes of this provi sion serious physical injury means a. Physical injury that involves a substantial risk of death or b. Protracted and obvious physical disfigure ment or c. Protracted loss of or impairment of the func tion of a bodily member or organ. Multiple incidents of terrorism which occur within a 72 hour period and appear to be carried out in concert or to have a related purpose or common leadership will be deemed to be one incident for the purpose of determining whether the thresholds in 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 cir cumstancesin 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. The terms and limitations of any terrorism exclu sion 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 policy. All terms and conditions of this policy apply unless modified by this endorsement. Page 2 of 2 FPK FAEN3059519474 Includes copyrighted material of Insurance Services Office Inc. with its permission INSURED UMB 00 64 01 20 43 0003803 | 2 |
FARM UMBRELLA UMB 0100 07 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FARM UMBRELLA LIABILITY COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY Subject to the provisions of this endorsement insurance under the Commercial Umbrella Liability Policy applies with respect to liability arising out of A domestic partner does not include more than one person a roommate or a housemate whether sharing expenses the insured s farming operations and personal equally or not or one who pays rent to the activities. policyholder. Applicable to Coverage A and B the term spouse A. EXCLUSIONS Applicable to Coverage A Only includes is amended to add the following exclusions. a. husband or wife or Under Coverage A this insurance does not p. apply to b. if unmarried a 1. Pollution 1 civil partner by Civil Union or Registered Bodily injury property damage or personal Domestic Partnership filed and recognized by the state or 2 domestic partner. Domestic partner means a person living with you and sharing a common domestic life and whose relationship resembles a mutually exclusive partnership such as that of a marriage and a s atleast 18 years of age and capable of entering into a legal contract b is not a Relative and c shares with you financial interdependence and common residence. Evidence of such includes but is not limited to i. joint domestic responsibility for the maintenance of the household ii. having joint financial obligations resources or assets iii. documents such as a driver s license tax returns or bills showing a common address for both parties iv. both parties receiving mail at the same address v. adeclaration of domestic partnership with that person or similar declaration about that person with an employer or government entity. and advertising injury 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. This exclusion does not apply to bodily injury or property damage arising out of Heat smoke or fumes from a fire set in the normal and usual farming practices of burning off crop stubble and other vegetation provided such practices are not in violation of any ordinance law or regulation or Coverage provided for the above exceptions will follow the provisions exclusions limitations and definitions of the underlying insurance. Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including but not limited to smoke vapor soot fumes acids alkalis petroleum products and their derivatives chemicals and waste. Such irritants or contaminants are pollutants whether or not they have any function in your operations premises sites or locations. Waste includes but is not limited to materials to be recycled reconditioned or reclaimed and livestock poultry or other animal excrement. Release Or Discharge From Aircraft A domestic partner does not include more than one person a roommate or a housemate whether sharing expenses equally or not or one who pays rent to the policyholder. A. EXCLUSIONS Applicable to Coverage A Only is amended to add the following exclusions. Under Coverage A this insurance does not apply to 1. Pollution Bodily injury property damage or personal and advertising injury 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. This exclusion does not apply to bodily injury or property damage arising out of Heat smoke or fumes from a fire set in the normal and usual farming practices of burning off crop stubble and other vegetation provided such practices are not in violation of any ordinance law or regulation or Coverage provided for the above exceptions will follow the provisions exclusions limitations and definitions of the underlying insurance. Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including but not limited to smoke vapor soot fumes acids alkalis petroleum products and their derivatives chemicals and waste. Such irritants or contaminants are pollutants whether or not they have any function in your operations premises sites or locations. Waste includes but is not limited to materials to be recycled reconditioned or reclaimed and livestock poultry or other animal excrement. Release Or Discharge From Aircraft Page 10of 8 43 0003804 UMB 0100 07 18 FPK FAEN3059519474 INSURED | 2 |
UMB 0100 07 18 Bodily injury or property damage caused by or resulting from any substance released or discharged from an aircraft. Fire Legal Liability Property damage to premises used rented or operated by you as part of your farming operations. Loss Assessment Any loss assessment charged against you as owner or tenant of a residence premises by a corporation or association of property owners. B. EXCLUSIONS Applicable to Coverage B Only is amended to add the following exclusions. Under Coverage B this insurance does not apply to 1. Laws Any liability or legal obligation of any insured with respect to bodily injury or property damage arising out of the Migrant and Seasonal Agricultural Worker Protection Act. Communicable Disease Bodily injury or property damage arising out of the transmission of a communicable disease by an insured. Controlled Substances Bodily injury or property damage arising out of the use sale manufacture delivery transfer or possession by any person of a Controlled Substances as defined by the Federal Food and Drug Law at 21 U.S.C.A. Sections 811 and 812. Controlled Substances include but are not limited to cocaine LSD marijuana and all narcotic drugs. However this exclusion does not apply to the legitimate use of prescription drugs by a person following the orders of a licensed physician. Release Or Discharge From Aircraft Bodily injury or property damage caused by or resulting from any substance released or discharged from any aircraft. This exclusion does not apply to your model or hobby aircraft unless used or designed to carry an operators any other persons or cargo. Motorcycle Or Motorized Bicycle Tricycle or Other Recreational Vehicle Bodily injury or property damage arising out of the maintenance use operation or loading or unloading of any motorcycle or motorized bicycle tricycle or other recreational vehicle by any insured or any other person. This exclusion does not apply to the operation of such vehicles as described above that are not owned or leased by any insured. This exception does not apply to a. Property damage to such vehicles as described above rented to occupied by being used by in the care of or being operated by any insured or b. The liability of any person while using such vehicles as described above without a reasonable belief the person is entitled to do so. 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 does not apply to the operation of watercraft less than 40 feet in length that is not owned or leased by any insured. This exception does not apply to a. Property damage to the watercraft rented to occupied by being used by in the care of or being operated by any insured or b. The liability of any person while using the watercraft without a reasonable belief the person is entitled to do so. Use Of Livestock Or Other Animals Bodily injury or property damage arising out of a. Any for profit or non profit equine related business activities including but not limited to equine training riding instruction exhibitions competition racing or breeding services or the use of any premises for livery stables rental equines dude ranching or equine boarding Page 2 of 8 FPK FAEN3059519474 UMB 010007 18 43 0003805 INSURED | 2 |
1. 12. 13. UMB 0100 07 18 Property in the Care Custody or Control of the Insured Property damage to a. Property owned by leased or rented to the Named Insured or any member of the Named Insured s household b. Any automobile aircraft or watercraft used by or in the care of any insured c. Any property used or occupied by or in the care of any insured to the extent the insured has agreed to provide insurance. Damage to Your Product and Products of Others Property damage to a. Your product arising out of your product or any part of it b. The property or products of others that are destroyed impaired spoiled or ruined because your product or your work has been included or combined with them. Violation of Laws or Ordinance Bodily injury property damage or personal and advertising injury caused by a violation of a penal law or ordinance committed by or with the knowledge or consentof an insured. DEFINITIONS Applicable to Coverage B Only is amended to add the following definitions. As used in Coverage B 1. Business means a. Any full time or part time trade profession occupation or commercial enterprise or activity for profit b. Any activities in connection with an agricultural cooperative or not for profit corporation But does not include farming. If an insured regularly provides home day care services to a person or persons other than insureds and receives monetary or other compensation for such services that enterprise is a business pursuit. Mutual exchange of home day care services however is not considered compensation. The rendering of home day care services by an insured to a relative of an insured is not considered a business pursuit. b. The use of any livestock or other animal in or while in practice or preparation for a prearranged racing speed or strength contest or prearranged stunting activity. But this Exclusion 7.b. applies only to occurrences arising out of such contests or activities that take place at the site designated for the contest or activity or c. The use of any livestock or other animal with or without an accessory vehicle for providing rides to any person for a fee or for providing rides in connection with or during a fair charitable function or similar type of event. 8. Business Pursuits Bodily injury property damage or personal and advertising injury arising out of or in connection with a business engaged in by an insured. This exclusion applies but is not limited to an act or omission regardless of its nature or circumstance involving a service or duty rendered promised owed or implied to be provided because of the nature of the business. This exclusion does not apply to activities related to serving as an officer or a member of the board of directors of a not for profit organization other than a governmental subdivision or a health care provider. 9. Custom Farming and Farm Management Bodily injury or property damage arising out of an insured s performance of or failure to perform a. Custom farming operations of any kind or b. Farming operations of another pursuant to a farm management contract or agreement whether written or oral. 10. Bodily Injury to Any Insured Bodily injury to you or to any insured. This exclusion also applies to any claim made or suit brought against you or any insured a. Torepayor b. Share damages with Another person who may be obligated to pay damages because of such bodily injury. Page 3 of 8 43 0003806 UMB 0100 07 18 FPK FAEN3059519474 INSURED | 2 |
UMB 0100 07 18 2. Custom farming means the performance of one or more agricultural operations by an insured at a farm that is not an insured location at the direction of the owner or operator of the farm or the authorized representative of the owner or operator. But custom farming does not mean a. Operations conducted at a premises rented to leased to or controlled by an insured b. Operations for which no compensation in money or goods is received or c. A neighborly exchange of services. Custom farming operations include the use or loading or unloading of farm tractors trailers implements or other mobile equipment while used under the custom farming agreement. Farm Management means managing the entire or partial farming operations of another for a fee pursuant to a contract or agreement whether written or oral whereby the farm manager directs and administers the culture care andor harvest of that farming operation. Farming means the operation of an agricultural or aqua cultural enterprise and includes the operation of roadside stands on your farm premises maintained solely for the sale of farm products produced principally by you. Unless specifically indicated in the Declarations farming does not include a. Retail activity other than that described above or b. Mechanized processing operations. Sales from farming operations are primarily wholesale as opposed to retail. Retail marketing is limited to incidental sales of your unprocessed farm production sold by you with the resulting gross income being a minor portion of your combined farming gross income. Insured With respect to this endorsement Insured means a. Ifyouare 1 Anindividual insured means you and a Your spouse if residing at the residence premises b Your relatives who are residing at the residence premises c Any other person under the age of 21 who is residing at the residence premises and is under the care of you or a person specified in a or b above. d A studentenrolled in school full time as defined by the school who was a member of your household before moving out to attend school provided the student is under the age of i. 24 and your relative or ii. 21andin your care or the care of a person specified in a.1or2. 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 farming operations. 3 A limited liability company you are an insured. Your members are insureds but only with respect to the conduct of your farming operations. Your managers are also insureds but only with respect to their duties as your managers. 4 A trust you are an insured. Your trustee or co trustees are also insureds but only with respect to their duties as a trustee in connection with the insured location and your farming operations and personal activities 5 An organization other than a partnership joint venture limited liability company or trust 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 if any are also insureds but only with respect to their liability as stockholders. b. Each of the following is also an insured Page 4 of 8 FPK FAEN3059519474 UMB 010007 18 43 0003807 INSURED | 2 |
2 UMB 0100 07 18 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 Paragraphs ai or ii above or iv. Arising out of his or her providing or failing to provide professional health care services. Property damage to property EZ i. Owned occupied or used by or 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 farm employees residence employees any partner or member if you are a partnership or joint venture or any member or manager if you are a limited liability company or any executive officer and director. Any person other than your employee or any organization while acting as your real estate manager. Any person or organization having proper temporary custody of your property if you die but only a With respect to liability arising out of the maintenance or use of that property and b Until your legal representative has been appointed. Your legal representative if you die but only with respect to their duties as such. That representative will have all your rights and duties under this Coverage Form. 1 Your farm employees or residence employees other than either your executive officers and directors if you are an organization other than a partnership joint venture or limited liability company or your managers and members if you are a limited liability company but only for acts that cause bodily injury property damage or personal injury to someone other than you your partners or members if you are a partnership or joint venture your members if you are a limited liability company or a co employee and are within the scope of the employee s employment by you or while performing duties related to the conduct of your farming operations. However none of these employees is an insured for a Bodily injury or personal and advertising injury i. Toyou to your partners or members or their spouses if you are a partnership or joint venture to your members or mangers if you are a limited liability company to your executive officers and directors or to a co employee while that co employee is either in the course of his or her employment or performing duties related to the conduct of your farming operations ii. Tothe spouse child parent brother or sister of that coemployee as a consequence of bodily injury or personal injury to that coemployee as described in Paragraph ai above Page 5 of 8 43 0003808 UMB 0100 07 18 FPK FAEN3059519474 INSURED | 2 |
UMB 0100 07 18 Paragraphs b.3 and b.4 above only apply to the Named Insured and no other insureds.c. With respect to mobile equipment registered in your name under any motor vehicle registration law and to which this insurance applies any person is an insured while driving such equipment along a public highway with your permission in connection with a farming operation. Any other person or organization responsible for the conduct of such person is also an insured but only with respect to liability arising out of the operation of the equipment and only if no other insurance of any kind is available to that person or organization for this liability. However no person or organization is an insured with respect to 1 Bodily injury to a coemployee of the person driving the equipment or 2 Property damage to property owned by rented to in the charge of or occupied by you or any person or organization legally responsible for any person or organization who is an insured and described in paragraphb above. d. Any farming 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 general liability insurance available to that organization. However 1 This insurance does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and 2 This insurance does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. e. With respect to animals or watercraft owned by an insured as defined in paragraph 1. above insured also means any person or organization legally responsible but only insofar as 1 The insurance under this Coverage Form applies to occurrences involving animals or watercraft 2 That person s or organization s custody or use of the animals or watercraft does not involve business and 3 That person or organization has the custody or use of the animals or watercraft with the owner s permission f. Any person using a recreational vehicle or mobile equipment on the insured location with your consent is an insured provided this insurance applies to the recreational vehicle or mobile equipment. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. 6. 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. 7. Loading or unloading means the handling 8. of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft recreational vehicle or auto or b. While itis in or on an aircraft watercraft recreational vehicle or auto or c. While it is being moved from an aircraft watercraft recreational vehicle 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 recreational vehicle or auto. Mobile equipment With respect to this endorsement Mobile Equipment means any of the following types of land vehicles including any attached machinery or equipment Page 6 of 8 FPK FAEN3059519474 UMB 010007 18 43 0003809 INSURED | 2 |
10. 1. 12. 13. UMB 0100 07 18 a Snow removal b Road maintenance but not for construction or resurfacing c Street cleaning 2 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting or well servicing equipment and 3 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers. Personal Activities means any act omission decision or transaction that does not arise from any insured s farming or business activities. Pollutants With respect to this endorsement Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including but not limited to pesticides herbicides insecticides agricultural dust smoke vapor soot fumes or odors acids alkalis petroleum products and their derivatives chemicals including those applied or intended for application to soil crops water or livestock and waste. Such irritants or contaminants are pollutants whether or not they have any function in your operations premises sites or locations and whether they are applied or released intentionally or by accident. Waste includes but is not limited to materials to be recycled reconditioned or reclaimed and livestock poultry or other animal excrement. Recreational vehicle means a motorized golf cart snowmobile or other motorized land vehicle including all terrain vehicles owned by any insured and designed for recreational use off public roads when used for recreational purposes off an insured location Residence employee means an insured s employee whose duties are principally in connection with the maintenance or use of the residence premises including household or domestic services or who performs duties elsewhere of a similar nature not in connection with the farming operations or any business of any insured Residence premises means your principal residence and the grounds and structures appurtenant to it. Page 7 of 8 43 0003810 a. Bulldozers forklifts farm machinery farm implements and other vehicles designed for use or used principally off public roads. This includes motorized golf carts snowmobiles and other land vehicles designed for recreational use when used for farming purposes on an insured location. b. Vehicles not licensed under motor vehicle registration subject to a compulsory or financial responsibility law or subject to other motor vehicle insurance law while being used on an insured location or premises immediately adjacent to an insured location for farming purposes. Vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. c. Vehicles other than snowmobiles that travel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers. e. Vehicles not described in Paragraphs a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers f. Vehicles not described in Paragraphs 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 1 Equipment designed primarily for UMB 0100 07 18 FPK FAEN3059519474 INSUREI INSURED | 2 |
UMB 0100 07 18 Residence premises does not include any part or parts of a building or structure that are used for business. D. Under Definitions C. Applicable to Coverage B Only Definition 11. Temporary Worker is deleted. E. ADDITIONAL COVERAGE Damage to Property of Others Regardless of your legal liability we will pay up to 50000 per occurrence for property damage to property of others caused by an insured. Our liability for loss resulting from one occurrence shall be only for that portion of the loss which exceeds 10000 for damage to borrowed farm machinery vehicles and equipment and 1000 for all other covered losses under this additional coverage. This additional coverage does not apply to 1. Property owned by. Leased or rented to any insured. 2. Any auto aircraft or watercraft used by or in the care of any insured 3. Animals or livestock in the care of any insured or for which any insured is legally liable or 4. Any property used or occupied by or in the care of any insured to the extent the insured has agreed to provide insurance. This additional coverage is limited to the same agreements limitations exclusions and conditions as provided by the underlying insurance shown in Item 4 of the Declarations of this policy except for the Limit of Insurance stated for this additional coverage. All terms and conditions of this policy apply unless modified by this endorsement. Page 8 of 8 FPK FAEN3059519474 UMB 010007 18 43 0003811 INSURED | 2 |
FARM UMBRELLA UMB 01020413 EXPECTED OR INTENDED INJURY EXCLUSION COVERAGE B This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY Under EXCLUSIONS Applicable to Coverage B Only Exclusion 1 is replaced by the following This insurance does not apply to C.1. Expected or Intended Injury Bodily injury or property damage which is expected or intended by the insured. This exclusion applies even if the resulting bodily injury or property damage a. s of a different kind quality or degree than initially expected or intended or b. Is sustained by a different person organization real property or personal property than initially expected or intended. However this exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. All terms and conditions of this policy apply unless modified by this endorsement. Page 1 of 1 430003812 UMB 01020413 FPK FAEN3059519474 INSURED | 2 |
FARM UMBRELLA UMB 01 03 0103 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY Subject to the provision of this endorsement insurance under the Commercial Umbrella Liability Policy applies with respect to liability arising out of the insured s farming operations and personal activities. A. EXCLUSIONS Applicable to Coverage A and Coverage B is amended to add the following exclusion. This insurance does not apply to Fungi or Bacteria 9. Bodily injury or property damage which would not have occurred in whole or in part but for a. the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria or b. the failure to warn or to disclose the presence of fungi or bacteria regardless of whether any other cause event material or product contributed concurrently or in any sequence to such injury or damage. HOWEVER this exclusion does not apply to bodily injury or property damage arising out of or resulting from fungi or bacteria that is on or contained in your product intended for human or animal consumption. 2. Any loss cost or expenses arising out of the 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. EXCLUSIONS Applicable to Coverage A and Coverage B is amended to add the following exclusion. This insurance does not apply to Fungi or Bacteria 9. Personal and advertising injury which would not have occurred in whole or in part but for a. the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria or b. the failure to warn or to disclose the presence of fungi or bacteria regardless of whether any other cause event material or product contributed concurrently or in any sequence to such injury or damage. 2. Any loss cost or expense arising out of the 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.. The following definition is added As used in this endorsement Fungi means any type or form of fungus including mold or mildew and any mycotoxin spores scents or byproducts produced or released by fungi. effects of fungi or bacteria by any insured or by any other person or entity. B. EXCLUSIONS Applicable to Coverage A and Coverage B is amended to add the following exclusion. This insurance does not apply to Fungi or Bacteria 9. Personal and advertising injury which would not have occurred in whole or in part but for a. the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria or b. the failure to warn or to disclose the presence of fungi or bacteria regardless of whether any other cause event material or product contributed concurrently or in any sequence to such injury or damage. 2. Any loss cost or expense arising out of the 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 As used in this endorsement Fungi means any type or form of fungus including mold or mildew and any mycotoxin spores scents or byproducts produced or released by fungi. All terms and conditions of this policy apply unless modified by this endorsement. Page 1 of 1 43 0003813 UMB 0103 01 03 FPK FAEN3059519474 INSURED | 2 |
FARM UMBRELLA UMB 0113 06 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RAW MILK AND RAW MILK PRODUCTS EXCLUSION COVERAGE A AND B This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY Under EXCLUSIONS Applicable to Coverage A and B the following exclusion is added This insurance including any duty we have to defend suits does not apply to bodily injury property damage or personal and advertising injury which arises out of is caused by or attributable in whole or in part or is a result of in whole or in part to the production handling processing packaging or bottling distribution 0o a0 oo exchange sale intent or offer for sale or h. transport or delivery of raw milk organic raw milk or certified raw milk for direct consumption as raw milk or foods made from raw milk when left in its unpasteurized state. This exclusion applies whether or not such activities take place on your premises or elsewhere. However this exclusion does not apply to hard cheese made from raw milk when the cheese has been aged over 60 days. For purposes of this endorsement the following Definition applies 1. Raw milk means un pasteurized milk from hoofed mammals such as cows sheep or goats. All terms and conditions of this policy apply unless modified by this endorsement. Page 1 of 1 43 0003814 UMB 0113 06 11 FPK FAEN3059519474 INSURED | 2 |
UMB 01 1504 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLLUTION EXCLUSION AMENDMENT COVERAGE A AND COVERAGE B This endorsement modifies insurance provided under the following FARM UMBRELLA LIABILITY POLICY COMMERCIAL UMBRELLA LIABILITY POLICY 1 Exclusion 1. under Paragraph b Applicable to Coverage A Only of the Farm Umbrella Liability Endorsement is amended to include the following c. Paragraphs i and 2 apply whether or not such discharge dispersal seepage migration release or escape of pollutants meets all standards of any statute ordinance regulation permit or license requirement of any federal state or local government. 2 Exclusion 15. under Paragraph C. Applicable to Coverage B Only of the Commercial Umbrella Liability policy is amended to include the following c. Paragraphs a. and b. apply whether or not such discharge dispersal seepage migration release or escape of pollutants meets all standards of any statute ordinance regulation permit or license requirement of any federal state or local government. All terms and conditions of this policy apply unless modified by this endorsement. UMB 011504 13 FPK FAEN3059519474 Page 10f 1 430003815 INSURED | 2 |
UMB 1200 01 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following ILLINOIS CHANGES CANCELLATION AND NONRENEWAL COMMERCIAL UMBRELLA LIABILITY POLICY A. The Cancellation Common Policy Condition is replaced by the following CANCELLATION 1. The first Named Insured shown in the Declarations may cancel this Policy by mailing to us advance written notice of cancellation. We may cancel this Policy by mailing to you written notice stating the reason for cancellation. If we cancel a. For nonpayment of premium we will mail the notice at least 10 days prior to the effective date of cancellation. b. For a reason other than nonpayment of premium we will mail the notice at least 1 30 days prior to the effective date of cancellation if the Policy has been in effect for 60 days or less. 2 60 days prior to the effective date of cancellation if the Policy has been in effect for more than 60 days. If this Policy has been in effect for more than 60 days or is a renewal or continuation policy we may cancel only for one or more of the following reasons a. Nonpayment of premium b. The Policy was obtained through a material misrepresentation c. Any insured has violated any of the terms and conditions of the Policy d. The risk originally accepted has measurably increased e. Certification to the Director of Insurance of the loss of reinsurance by the insurer that provided coverage to us for all or a substantial part of the underlying risk insured or f. A determination by the Insurance that the continu Policy could place us in viol insurance laws of this State. We will mail our notice to you mailing address known to us mailing will be sufficient proof of Notification of cancellation will to your broker if known or ager if known. Notice of cancellation will state date of cancellation. The polic end on that date. If this Policy is cancelled we v first Named Insured any prem due. If we cancel the refund will If the first Named Insured c refund will be less than pro cancellation will be effective eve not offered a refund.. The following is added and supersec vision to the contrary When We Do Not Renew 1. If we decide not to renew or Policy we will mail you written n the reason for nonrenewal at le before the end of the policy p policies. Proof of mailing will be sufficie notice. Notification of nonrenewal will to your broker if known or agen known. If we offer to renew or continue not accept this Policy will term end of the current policy period pay the required renewal or premium when due shall mean tt not accepted our offer. Common Policy Condition is owing ned Insured shown in the nay cancel this Policy by advance written notice of this Policy by mailing to you stating the reason for we cancel yment of premium we will tice at least 10 days prior to e date of cancellation. on other than nonpayment of ve will mail the notice at Jeast s prior to the effective date of ation if the Policy has been in or 60 days or less. s prior to the effective date of ation if the Policy has been in or more than 60 days. s been in effect for more than. a renewal or continuation cancel only for one or more reasons nt of premium y was obtained through a srepresentation d has violated any of the conditions of the Policy originally accepted has increased 1 to the Director of Insurance of reinsurance by the insurer ed coverage to us for all or a part of the underlying risk Includes copyrighted material of Insurance Services Office Inc. with its permission. INSURED f. A determination by the Director of Insurance that the continuation of the Policy could place us in violation of the insurance laws of this State. We will mail our notice to you at your last mailing address known to us. Proof of mailing will be sufficient proof of notice. Notification of cancellation will also be sent to your broker if known or agent of record if known. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 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 will be less than pro rata. The cancellation will be effective even if we have not offered a refund.. The following is added and supersedes any pro vision to the contrary When We Do Not Renew 1. If we decide not to renew or continue this Policy we will mail you written notice stating the reason for nonrenewal at least 60 days before the end of the policy period for all policies. Proof of mailing will be sufficient proof of notice. Notification of nonrenewal will also be sent to your broker if known or agent of record if known. If we offer to renew or continue and you do not accept this Policy will terminate at the end of the current policy period. Failure to pay the required renewal or continuation premium when due shall mean that you have not accepted our offer Page 1 of 2 43 0003816 UMB 1200 01 18 Page 1 of 2 FPK FAEN3059519474 nan nan nan nan 43.0 3816.0 | 2 |
UMB 120001 18 5. If we fail to mail proper written notice of this Pollcy will end on the effective date of nonrenewal and you obtain other insurance thatinsurance. All terms and conditions of this policy apply unless modified by this endorsement. Page 2 of 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. INSURED UMB 1200 01 18 FPK FAEN3059519474 nan nan nan nan 43.0 3817.0 | 2 |
UMB 1205 03 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ILLINOIS ASBESTOS LEAD OR RADON EXCLUSION COVERAGE A AND COVERAGE B This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY Under EXCLUSIONS A. Applicable to Coverage A and Coverage B exclusion 13. Asbestos Electronic Emis sions Lead or Radon is replaced by the following 13. Asbestos Lead or Radon Injury or damage bodily injury property damage or personal and advertising injury arising out of a. Asbestos including but not limited to any injury or damage related to arising or alleged to have arisen out of any use exposure existence detection removal elimination avoidance act error omission failure to disclose or warn of the presence of asbestos or any other duty involving asbestos b. Lead including but not limited to any injury or damage related to arising or alleged to have arisen out of any use exposure existence detection removal elimination avoidance act error omission failure to disclose or warn of the presence of lead or any other duty involving lead or c. Radon or any other radioactive emissions manmade or natural including but not limited to any injury or damage related to arising or alleged to have arisen out of any use exposure existence detection re moval elimination avoidance act error omission failure to disclose or warn of the presence of radon or any other radioactive emissions or any other duty involving radon or other radioactive emissions. All terms and conditions of this policy apply unless modified by this endorsement. Includes copyrighted material of Insurance Services Office Inc. with its permission. INSURED Page 1 of 1 43 0003818 UMB 1205 03 10 FPK FAEN3059519474 | 2 |
UMB 12 06 04 06 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ILLINOIS CHANGES DEFENSE COSTS This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY COVERAGE The provisions of this endorsement are added to the The right to reimbursement for the defense costs Commercial Umbrella Liability Insuring Agreement under this provision will only apply to defense under a duty to defend and apply to Coverage Parts costs we have incurred after we notify you in writ Aand B ing that there may not be coverage and that we A. If we initially defend an insured insured or pay are reserving our rights to terminate the defense for an insured s insured s defense but later and seek reimbursement for defense costs. determine that the claims is are not covered under this insurance we will have the right to re imbursement for the defense costs we have in curred. All terms and conditions of this policy apply unless modified by this endorsement. The right to reimbursement for the defense costs under this provision will only apply to defense costs we have incurred after we notify you in writ ing that there may not be coverage and that we are reserving our rights to terminate the defense and seek reimbursement for defense costs. UMB 12 06 04 08 FPK FAEN3059519474 ISO Properties Inc. 2005 INSURED Page 1 of 1 43 0003819 | 2 |
UMB 1208 03 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ILLINOIS PUNITIVE DAMAGES EXCLUSION COVERAGE A AND COVERAGE B This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY Under EXCLUSIONS A. Applicable to Coverage A and Coverage B the following is added to exclusion 10. Punitive Damages However we will defend at our expense a suit brought against an insured for acts or alleged acts seeking both compensatory damages and punitive damages andor exemplary damages. All terms and conditions of this policy apply unless modified by this endorsement. Includes copyrighted material of Insurance Services Office Inc. with its permission. INSURED Page 1 of 1 43 0003820 UMB 1208 03 10 FPK FAEN3059519474 | 2 |
UMB 1210 07 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ILLINOIS TOTAL POLLUTION EXCLUSION WITH A HOSTILE FIRE EXCEPTION COVERAGE B This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY Under EXCLUSIONS C. Applicable to Coverage 2 At any premises site or location on B Only exclusion 15. Pollution is replaced by the which any insured or any contractors or following subcontractors working directly or indi 15. Pollution rectly on any insured s behalf are per forming operations to test for monitor a. Bodily injury or property damage which clean up remove contain treat detoxi would not have occurred in whole or part but for the actual alleged or threatened dis zansesuelzhee Zflenct lyf fsglgd to charge dispersal seepage migration re o lease or escape of pollutants at any time. For the purposes of this insurance hostile This exclusion does not apply to bodily in. fire means one that becomes uncontrollable Junlj r lJpnlopeny damagze yarising olu Io f or breaks out from where it is intended to be. heat smoke or fumes from a hostile fire b. Pollution cost or expense. unless that hostile fire occurred or origi nated 1 At any premises site or location which is or was at any time used by or for any insured or others for the handling sto rage disposal processing or treatment of waste or All terms and conditions of this policy apply unless modified by this endorsement. 2 At any premises site or location on which any insured or any contractors or subcontractors working directly or indi rectly on any insured s behalf are per forming operations to test for monitor clean up remove contain treat detoxi fy neutralize or in any way respond to or assess the effects of pollutants. For the purposes of this insurance hostile fire means one that becomes uncontrollable or breaks out from where it is intended to be. b. Pollution cost or expense. Includes copyrighted material of Insurance Services Office Inc. with its permission. INSURED Page 1 of 1 43 0003821 UMB 1210 07 10 FPK FAEN3059519474 | 2 |
UMB 12 11 09 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ILLINOIS CHANGES CIVIL UNION This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY COVERAGE PART Under DEFINITIONS C. Applicable to Coverage B Only any references to the term spouse in definition 8. Insured are replaced by the following Spouse or party to a civil union recognized under lllinois law. All terms and conditions of this policy apply unless modified by this endorsement. UMB 121109 11 FPK FAEN3059519474 Includes copyrighted material of Insurance Services Office Inc. with its permission. INSURED Page 1 of 1 43 0003822 | 2 |
FARM UMBRELLA UMB 12121213 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ILLINOIS CHANGES COMMUNICABLE DISEASE This endorsement modifies insurance provided under the following FARM UMBRELLA LIABILITY COVERAGE PART Under B. EXCLUSIONS Applicable to Coverage B. Only 2. Communicable Disease is replaced by Bodily Injury or property damage which arises out of the transmission of disease by an insured through sexual contact. All terms and conditions of this policy apply unless modified by this endorsement. Page 1 of 1 43 0003823 UMB 12121213 FPK FAEN3059519474 INSURED | 2 |
FARM UMBRELLA UMB 12131111 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ILLINOIS ABUSE OR MOLESTATION COVERAGE B This endorsement modifies insurance provided under the following FARM UMBRELLA LIABILITY COVERAGE ENDORSEMENT Under B. EXCLUSIONS Applicable to Coverage B the following paragraph is added to exclusion 3. Abuse or Molestation This policy does not provide for clams or suits seeking damages including defense of same for any person who actively participates in any act of sexual misconduct sexual molestation or physical or mental abuse of any person. All terms and conditions of this policy apply unless modified by this endorsement. Page 1 of 1 43 0003824 UMB 12131111 FPK FAEN3059519474 INSURED | 2 |
UMB 70 10 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 COMMERCIAL UMBRELLA LIABILITY POLICY A. Under Exclusions A. Applicable to Coverage A and Coverage B Exclusion 11. Electronic Data is replaced by the following This insurance does not apply to 11. Access Or Disclosure Of Confidential Or Personal Information And Data related Liability Damages and personal and advertising injury arising out of a. 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 b. The loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of that which is described in Paragraph a. or b. above. However unless Paragraph a above applies this exclusion does not apply to 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 This endorsement modifies insurance provided under the following are used with electronically controlled equipment. B. For the purposes of this endorsement the following definitions are added to Definitions B. Applicable to Coverage A Only 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. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses committed in the course of your business 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 of material that slanders or libels a person or organization or disparages a person s or organizations goods products or services e. oral or written publication of material that violates a person s right of privacy f. discrimination unless insurance cover age therefore is prohibited by law or statute g. the use of another s advertising idea in your advertisement or h. infringing upon another s copyright frade dress or slogan in your advertisement. UMB 70 10 05 14 A. Under Exclusions A. Applicable to Coverage A and Coverage B Exclusion 11. Electronic Data is replaced by the following This insurance does not apply to 11. Access Or Disclosure Of Confidential Or Personal Information And Data related Liability Damages and personal and advertising injury arising out of a. 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 b. The loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of that which is described in Paragraph a. or b. above. However unless Paragraph a above applies this exclusion does not apply to 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. B. For the purposes of this endorsement the following definitions are added to Def Applicable to Coverage A Only 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. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses committed in the course of your business 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 of material that slanders or libels a person or organization or disparages a person s or organizations goods products or services e. oral or written publication of material that violates a person s right of privacy f. discrimination unless insurance cover age therefore is prohibited by law or statute g. the use of another s advertising idea in your advertisement or h. infringing upon another s copyright frade dress or slogan in your advertisement. itions B. All terms and conditions of this policy apply unless modified by this endorsement. Includes copyrighted material of Insurance Services Office Inc. Page 10f 1 with its permission FPK FAEN3059519474 INSURED 43 0003825 | 2 |
SUGAR FOODS CORPORATION 950 THIRD AVENUE 21 T FLOOR NEW YORK NY 10022 CNI90 04 0112 Insured | 2 |
ATTN JOSH MILLER LOCKTON COMPANIES LLC 444 W 47 ST STE 900 KANSAS CITY MO 64112 1906 CNI90 050112 Producer | 2 |
e Libe.f. Mutllltl INSURANCE COMMERCIAL LIABILITY UMBRELLA DECLARATIONS Issued by Liberty Insurance Corporation Policy Number TH7 621 093114 021 Renewal of TH7 621 093114 020 Producer LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 Item 1. Named Insured and Mailing Address SUGAR FOODS CORPORATION 950 THIRD AVENUE 21ST FLOOR NEW YORK NY 10022 The Named Insured is Corporation Item 2. Policy Period 412021 to 412022 at 1201 A.M. standard time at above mailing address. Item 3. Limits of Insurance Each Occurrence Limit 10000000 General Aggregate Limit 10000000 Products Completed Operations Aggregate Limit 10000000 Item 4. Self Insured Retention Each Occurrence 0 Item 5. Premium Premium Basis Audit Basis Estimated Exposure Rate Advance Premium Flat Charge 0 145406 0 145406 Certified Acts of Terrorism Coverage Total Advance Premium 0 Minimum Retained Premium Issued Code Number Account Number Sub Account Number Blb 04152021 99935 2 093114 0001 LCU 00020118 2017 Liberty Mutual Insurance Page 10of 2 | 2 |
Item 6. Underlying Insurance ICoverage Insurer Policy Period IPolicy Number Limits of Insurance Employers Liability Liberty Mutual Fire Insurance ICompany 1412021 to 412022 IWC2 621 093114 061 1000000 By Accident Each Accident 1000000 By Disease Policy Limit 1000000 By Disease Each Employee Auto Liability Liberty Mutual Fire Insurance ICompany 1412021 to 412022 AI2 621 093114 041 1000000 CSL General Liability Liberty Mutual Fire Insurance ICompany 1412021 to 412022 TB2 621 093114 051 1000000 Each Occurrence 2000000 General Aggregate 2000000 Products Completed Ops Aggregate 1000000 Pers Adv Injury Limit Foreign General Liability DIC DILO Zurich American Insurance ICompany 1412021 to 412022 IZE 9482878 10 1000000 Each Occurrence 2000000 General Aggregate 2000000 Products Completed Ops Aggregate 1000000 Pers Adv Injury Limit Foreign Auto Liability DIC DIL Zurich American Insurance ICompany 1412021 to 412022 IZE 9482878 10 1000000 CSL Foreign Employers Liability DIC DIL Zurich American Insurance ICompany 1412021 to 412022 IZE 9482878 10 1000000 By Accident Each Accident 1000000 By Disease Policy Limit 1000000 By Disease Each Employee Employee Benefits Liability Liberty Mutual Fire Insurance ICompany 1412021 to 412022 TB2 621 093114 051 1000000 Each Employee 2000000 Aggregate Ops Ops In any jurisdiction state or province where the amount of Employers Liability Insurance provided by the underlying insurers is by law unlimited the underlying Employers Liability limits shown in the above schedule do not apply and no coverage for Employers Liability shall be provided by this policy. These Declarations and any Declarations Extension Schedules together with the Coverage Form and any Endorsements complete this policy. Forms and Endorsements attached to this policy See Attached Schedule Countersigned by Fowiia fkbngw Authorized Company Represemative LCU 00020118 2017 Liberty Mutual Insurance Page 2 of 2 | 2 |
Policy Number TH7 621 093114 021 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DECLARATIONS EXTENSION NAMED INSURED This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Item 1. Named Insured of the Declarations is amended as follows Sugar Foods Corporation Mrs. Cubbisons Kitchen LLC LCU 99050118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
SCHEDULE OF FORMS AND ENDORSEMENTS Form Number Form Name LCU 00020118 LCU 990501 18 LCU 00010118 LCU 02 06 06 20 LCU 02750118 LCU 04070118 LCU 04110118 LCU 21010118 LCU 21070118 LCU 21470118 LCU 21480118 LCU 217906 18 LCU 21830118 LCU 21850118 LCU 240909 19 LCU 32040118 LCU 32050118 LCU 32070118 LCU 32320118 LCU 321300118 LCU 600501 18 LCU99 16 01 18 LMU 04 3205 18 SNI 04 011220 Commercial Liability Umbrella Declarations Declarations Extension Named Insured Commercial Liability Umbrella Coverage Form New York Changes Cancellation And Nonrenewal Earlier Notice of Cancellation Provided By Us Professional Health Care Services By Employees or Volunteer Workers Coverage Crisis Management Coverage Communicable Disease Exclusion Aircraft Products and Grounding Exclusion Damage First Occurring Prior To Policy Period Exclusion Scheduled Endorsement Exclusion Unlawful Discrimination Exclusion Residential Construction Operations Exclusion With Commercial Non Residential Use Exception Access or Disclosure of Confidential or Personal Information and Data Related Liability Exclusion With Limited Bodily Injury Exception Foreign Liability Limitation New York Changes New York Transfer Of Duties When A Limit Of Insurance Is Used Up New York Lead Limitation New York Changes Silica Or Silica Related Dust Exclusion New York Changes Fungi or Bacteria Certified Acts of Terrorism Exclusion Notice Of Cancellation To Third Parties Fungi or Bacteria Limitation Liberty Mutual Group California Privacy Notice Page 10f 2 For attachment to TH7 621 093114 021 | 2 |
SNI90 020120 LIL90 07 10 13 Policyholder Disclosure Terrorism Risk Insurance Act Signature Page Page 2 0f 2 For attachment to TH7 621 093114 021 | 2 |
COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the Company providing this insurance. The word insured means any person or organization qualifying as such under SECTION Il WHO IS AN INSURED. Other words and phrases that appear in bold font have special meaning. If not defined in the section in which they first appear refer to SECTION VIl DEFINITIONS. In return for the payment of premium and subject to all the terms of this policy we agree with you to provide the insurance as stated in this policy. INSURING AGREEMENTS SECTION COVERAGES 1. 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. In addition we will pay those sums in excess of the retained limit that the insured becomes legally obligated to pay as damages because of a negligent act error or omission committed in the administration of the Named Insured s employee benefit program to which this insurance applies. The amount we will pay for damages is limited as described in SECTION Il LIMITS OF INSURANCE. With respect to bodily injury property damage or personal and advertising injury this insurance applies only if a. The bodily injury or property damage occurs during the policy period or the personal and advertising injury is caused by an offense arising out of your business but only if the offense was committed during the policy period b. The bodily injury property damage or personal and advertising injury is caused by an occurrence that takes place anywhere and c. Prior to the policy period no insured listed under Paragraph 3. of SECTION Il WHO IS AN INSURED or any employee who has been authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 3. of SECTION Il WHO IS AN INSURED or any employee authorized by you to give or receive notice of an occurrence or claim a. Reports all or any part of such bodily injury or property damage to us or any other insurer b. Receives a written or oral demand or claim for damages because of such bodily injury or property damage or c. Becomes aware by any other means that bodily injury or property damage has occurred or has begun to oceur. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 24 | 0 |
If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage had occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. Bodily injury or property damage which occurs during the policy period and which was not prior to the policy period known to have occurred or to have begun to occur by any insured listed under Paragraph 3. 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. If we are prevented by law or statute from directly paying damages covered by this policy on behalf of the insured then we will where permitted indemnify the Named Insured for those sums paid in excess of the retained limit. As used in Paragraphs 2.c. 3. and 4. above an insured listed under Paragraph 3. of SECTION Il WHO IS AN INSURED does not include a stockholder who is not otherwise an insured. SECTION Il WHO IS AN INSURED 1. The first named insured is an insured. 2. Any organization that is a subsidiary of the first named insured and over which you maintain ownership or majority interest as of the effective date of this policy provided such organization was made known to us by the effective date of this policy and is included as an insured in underlying insurance. Coverage under this policy will be no broader than that provided by underlying insurance. 3. If you are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. c. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. d. Anorganization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. e. Atrust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. 4. Each of the following is also an insured a. Your volunteer workers but only while performing duties related to the conduct of your business your employees other than either your executive officers if you are an organization other than a partnership joint venture or 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 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a 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 LCU 00010118 2017 Liberty Mutual Insurance Page 2 of 24 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 2 of 24 | 1 |
b To the spouse child parent brother or sister of that co employee or volunteer worker as a consequence of Paragraph 1a above c For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph 1a or 1b above or d Arising out of his or her providing or failing to provide professional health care services. However Paragraphs 1a 1b and 1c do not apply to the extent underlying insurance provides coverage for such persons. Coverage under this policy will be no broader than that provided by underlying insurance. Insurance provided by this policy for bodily injury to a co employee or volunteer worker will not apply if the injured co employee s or volunteer worker s sole remedy for such injury is provided under a workers compensation law or any similar law. Property damage to property a Owned occupied used by b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. b. Any person other than your employee or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. d. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this policy. e. Any person or organization included as an additional insured in underlying insurance. Coverage under this policy will be no broader than that provided by underlying insurance. However 1 The insurance afforded to such additional insured only applies to the extent permitted by law and 2 If coverage provided to the additional insured is required by a contract or agreement this insurance will be no broader than that which you are required by the contract or agreement to provide for such additional insured. The Limits of Insurance applicable to the additional insured are included within and are not in addition to the Limits of Insurance shown in the Declarations. f. Any person while using with your permission a covered auto and any person or organization legally responsible for its use but only if that person is an insured with respect to liability arising out of the ownership maintenance use or entrustment to others of covered autos. 5. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as an insured under this policy if there is no other similar insurance available to that organization and that organization qualifies as an insured in underlying insurance. However LCU 00010118 2017 Liberty Mutual Insurance Page 3 of 24 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 3 of 24 | 1 |
a. Coverage under this provision is afforded only until the 180 day after you acquire or form the organization or the end of the policy period whichever is earlier. However such coverage will be provided for no longer than that provided by underlying insurance and b. Coverage does not apply to any liability that occurred or offense committed before you acquired or formed the organization. Except as provided in Paragraph 5. above no person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION Ill LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought c. Persons or organizations making claims or bringing suits or d. Coverages provided under this policy. The General Aggregate Limit is the most we will pay for the sum of all damages covered under this policy except a. Damage included in the products completed operations hazard and b. Damage covered by underlying insurance to which no aggregate limit applies. The General Aggregate Limit applies separately and in the same manner as the aggregate limits in the underlying insurance. The Products Completed Operations Aggregate Limit is the most we will pay for the sum of all damages because of bodily injury and property damage included in the products completed operations hazard. Subject to Paragraphs 2. and 3. above if either applies the Each Occurrence Limit is the most we will pay for the sum of all damages covered under this policy arising out of any one occurrence. If the applicable limits of insurance of underlying insurance or other insurance providing coverage to the insured are reduced or exhausted by payments of damages subject to the terms and conditions of this policy we will a. Inthe event of reduction pay in excess of the reduced applicable limits of underlying insurance or other insurance or b. In the event of exhaustion continue in force as underlying insurance but for no broader coverage than is available under this policy. The retained limit will not be reduced or exhausted by defense costs loss adjustment expenses supplementary payments or similar amounts that reduce or exhaust the policy limits of underlying insurance or other insurance. If any underlying insurance has a limit of insurance greater than the amount shown in the Schedule of Underlying Insurance this policy will apply in excess of the greater amount. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 4 of 24 | 1 |
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