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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 unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance of this policy. If coverage provided to an additional insured is required by a contract or agreement we will pay on behalf of the additional insured the lesser of a. The amount of insurance required by the contract or agreement less any amounts payable by any underlying insurance or otherwise retained or b. The available applicable Limits of Insurance of this policy. SECTION IV DEFENSE AND SUPPLEMENTARY PAYMENTS 1. We will have the right and duty to defend any suit seeking damages covered by this insurance by counsel of our choice when a. The total applicable limits of underlying insurance and other insurance have been exhausted by payment of damages covered by this policy or b. The damages sought because of bodily injury property damage personal and advertising injury or any damage arising from any actual or alleged negligent act error or omission in the administration of the Named Insured s employee benefit program to which this insurance applies would not be covered by underlying insurance or other insurance. However we have no duty to defend any suit if any other insurer has a duty to defend. If we have a duty to defend but are prevented by law or statute from performing that duty you agree to take up such defense and investigation. We will reimburse you for our share of the reasonable costs paid for such investigation or defense. We have the right but not the duty at our expense to participate in the defense of any suit and the investigation of any claim to which this insurance may apply. However if we exercise this right we will not contribute to the expenses of the insured or underlying insurer. We will pay the following supplementary payments with respect to any claim we investigate or settle or any suit against the insured we defend a. All expenses we incur. b. The premium for bonds to release attachments but only for bond amounts within the applicable Limits of Insurance of this policy. We do not have to furnish these bonds. c. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings because of time off from work but not including the salaries of the insured s employees and in no event more than 500 a day. d. All court costs taxed against the insured in the suit. e. Prejudgment interest awarded against the insured on that part of the judgment we pay. However if we make a settlement offer within the applicable Limits of Insurance of this policy that is acceptable to the claimant or make an offer to pay the applicable Limits of Insurance of this policy we will not pay any prejudgment interest accruing after we make such offer. f. Post judgment interest awarded against the insured on that part of the judgment we pay that accrues after the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable Limits of Insurance of this policy. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 5 of 24 | 1 |
These payments will not reduce the Limits of Insurance of this policy. 5. Our duty to defend any claim or suit and make any supplementary payments ends once we have exhausted the applicable Limits of Insurance of this policy by payment of judgment or settlements. SECTION V EXCLUSIONS This insurance does not apply to 1. Aircraft Any liability arising out of the ownership maintenance use or entrustment to others of any aircraft owned or operated by or rented or loaned to any insured. Use includes operation and loading 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. However this exclusion does not apply to the extent underlying insurance provides such coverage. Coverage under this policy will be no broader than that provided by underlying insurance. Asbestos Any liability arising or allegedly arising out of asbestos either alone or in combination with other substances or factors. Auto Coverages a. Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any auto. Use includes operation and loading or unloading. However this exclusion does not apply to the extent underlying insurance provides such coverage. Coverage under this policy will be no broader than that provided by underlying insurance. b. Any loss cost or expense payable under or resulting from a first party physical damage coverage no fault law personal injury protection or auto medical payments coverage or uninsured or underinsured motorist law. Contractual Liability Any obligation of the insured by reason of the assumption of liability in a contract or agreement including an insured contract. This exclusion does not apply to a. Liability for damages that the insured would have in the absence of the contract or agreement b. Bodily injury or property damage assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the insured contract or c. The extent underlying insurance provides coverage for personal and advertising injury assumed in an insured contract. Coverage under this policy will be no broader than that provided by underlying insurance. Solely for the purposes of liability assumed in an insured contract reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of such liability provided 1 The liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 6 of 24 | 1 |
2 Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. 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. Adelay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. Damage to Property Property damage to a. Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property b. Premises you sell give away or abandon if the property damage arises out of any part of those premises c. Property loaned to you d. Personal property in the care custody or control of the insured e. That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or f. That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraph b. of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs c. d. e. and f. 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 property damage included in the products completed operations hazard. Damage to Your Product Property damage to your product arising out of it or any part of it. Damage to Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 7 of 24 | 1 |
9. ERISA Any obligation of the insured under the Employee Retirement Income Security Act of 1974 ERISA and any amendments thereto or any similar federal state or local statute or regulation. 10. Electronic Data Any liability arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. 11. Employee Benefits Liability Any actual or alleged act error or omission in the administration of the Named Insured s employee benefit program. However this exclusion does not apply to the extent underlying insurance provides such coverage. Coverage under this policy will be no broader than that provided by underlying insurance subject to the following a. fthe applicable underlying insurance applies such coverage on a claims made basis 1 This insurance applies only if a The negligent act error or omission committed in the administration of the Named Insured s employee benefit program occurs on or after the retroactive date if any provided by the underlying insurance and prior to the end of the policy period and b The claim or suit for such negligent act error or omission is first made in writing against any insured during i The policy period or ii An extended reporting period as provided by underlying insurance subject to Paragraph 2 below. 2 Any extended reporting period provided by this policy will not reinstate or increase the Limits of Insurance applicable to any claim to which this insurance applies extend the policy period or change the scope of coverage provided by this policy. b. If the applicable underlying insurance does not apply such coverage on a claim made basis this insurance applies only if the negligent act error or omission committed in the administration of the Named Insured s employee benefit program occurs during the policy period. 12. 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. However this exclusion does not apply a. To liability assumed by the insured under an insured contract or LCU 00010118 2017 Liberty Mutual Insurance Page 8 of 24 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 8 of 24 | 1 |
13. 14. 15. 16. b. If the bodily injury is covered by underlying insurance. Coverage under this policy will be no broader than that provided by underlying insurance. Employment Related Practices a. Any liability arising out of 1 Refusal to employ a person 2 Termination of a person s employment or 3 Employment related practices policies acts or omissions such as coercion demotion failure to promote evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at a person or b. Consequential bodily injury or personal and advertising injury to the spouse child parent brother or sister of that person at whom any of the employment related practices described in Paragraph a. above is directed. This exclusion applies a. Whether the injury causing event described in Paragraph a. above occurs before employment during employment or after employment of a person b. Whether the insured may be liable as an employer or in any other capacity and c. To any obligation to share damages with or repay someone else who must pay damages because of the injury. Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. Fungi or Bacteria Any liability arising out of or related in any way to fungi or bacteria the exposure to fungi or bacteria or any claims arising from fungi or bacteria. This includes but is not limited to a. Injury or damage which would not have occurred in whole or in part but for the actual alleged or threatened inhalation of ingestion of contact with exposure to existence 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 or 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 on or are contained in a good or product intended for human or animal consumption. 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 LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 9 of 24 | 1 |
b. The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 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 the supervision hiring employment training or monitoring of others by that insured or providing or failing to provide transportation with respect to any person that may be under the influence of alcohol if the occurrence which caused the bodily injury or property damage involved that which is described in Paragraph a. b. or c. above. This exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. However this exclusion does not apply to the extent underlying insurance provides such coverage. Coverage under this policy will be no broader than that provided by underlying insurance. We will follow underlying insurance with respect to whether or not permitting a person to bring alcoholic beverages on your premises for consumption on your premises whether or not a fee is charged or a license is required for such activity is considered the business of selling serving or furnishing alcoholic beverages. 17. Nuclear Energy a. Any liability 1 With respect to which an insured under this policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its limits of insurance or 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. b. Any liability resulting from the hazardous properties of nuclear material if 1 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 2 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 3 The injury or damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance 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 Paragraph 3 applies only to property damage to such nuclear facility and any property thereat. As used in this exclusion a. Hazardous properties include radioactive toxic or explosive properties. b. Nuclear material means source material special nuclear material or by product material. c. Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. d. Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 10 of 24 | 1 |
e. h. Waste means any waste material 1 Containing by product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content and 2 Resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility. Nuclear facility means 1 Any nuclear reactor 2 Any equipment or device designed or used for a Separating the isotopes of uranium or plutonium b Processing or utilizing spent fuel or c Handling processing or packaging waste 3 Any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 or 4 Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioactive contamination of property. 18. Personal and Advertising Injury Caused by an offense committed by or on behalf of the insured with knowledge that the act would violate the rights of another and would inflict personal and advertising injury Arising out of the oral written or electronic publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity Avrising out of the oral written or electronic publication in any manner of material whose content in the same or substantially the same form was published before the beginning of the policy period Avrising out of a criminal act committed by or at the direction of the insured Avrising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement Arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement Arising out of the wrong description of the price of goods products or services stated in your advertisement LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 11 of 24 | 1 |
h. Arising out of infringement of or any other violation relating to copyright patent trademark trade secret or other intellectual property right. However this Paragraph h. does not apply to 1 Infringement of copyright trade dress or slogan committed in your advertisement or 2 The unauthorized use in your advertisement of another s idea for an advertisement Committed by an insured whose business is 1 Advertising broadcasting publishing or telecasting 2 Designing or determining content of websites for others or 3 An Internet search access content or service provider. However this Paragraph i. does not apply to Paragraphs 18.a. 18.b. and 18.c. under SECTION VII DEFINITIONS. For purposes of this Paragraph i. 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 Avrising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control or k. 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. 19. Pollution a. Any liability arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants anywhere at any time whether included in a product or otherwise. However this exclusion does not apply to the extent underlying insurance provides coverage for liability described in Paragraphs 1 through 6 below. Coverage under this policy will be no broader than that provided by underlying insurance. 1 Bodily injury if sustained within a building which is or was at any time owned or occupied by or rented or loaned to any insured and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests 2 Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire 3 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 4 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 LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 12 of 24 | 1 |
20. 21. b. 5 Bodily injury or property damage arising out of the escape of fuels lubricants fluids exhaust gases or other similar pollutants that are needed for or result from the normal electrical hydraulic or mechanical functioning of a covered auto or its parts if a The pollutants escape seep migrate or are discharged dispersed or released directly from an auto part designed by its manufacturer to hold store receive or dispose of such pollutants and b The bodily injury or property damage does not arise out of the operation of any equipment shown in Paragraphs f.2 and f.3 of the definition of mobile equipment or 6 Bodily injury or property damage caused by or resulting from occurrences that take place away from premises owned by or rented to an insured with respect to pollutants not in or upon a covered auto if a The pollutants or any property in which the pollutants are contained are upset overturned or damaged as a result of the maintenance or use of a covered auto and b The discharge dispersal seepage migration release or escape of the pollutants is caused directly by such upset overturn or damage. 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 government authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. This exclusion applies regardless of whether such discharge dispersal seepage migration release or escape occurs inside or outside a building or whether such pollutant has any function in your business operations premises site or location. 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 b. c. Your Product Your Work or 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. Recording and Distribution of Material or Information in Violation of Law Any liability arising out of any action or omission that violates or is alleged to violate b. The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law The CAN SPAM Act of 2003 including any amendment of or addition to such law The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transaction Act FACTA or LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 13 of 24 | 1 |
22 23. 24 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. War Any liability however caused arising out of a. War including undeclared or civil war b. Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or c. Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Watercraft Any liability arising out of the ownership maintenance use or entrustment to others of any watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured. However this exclusion does not apply to the extent underlying insurance provides such coverage. Coverage under this policy will be no broader than that provided by underlying insurance. Workers Compensation and Similar Laws Any obligation of the insured under a workers compensation disability benefits unemployment compensation law or any similar law. SECTION VI CONDITIONS 1. Appeals If the insured or the underlying insurers elect not to appeal a judgment we may elect to do so. If we appeal we will be liable for all court costs expenses incurred and interest incidental to the appeal which will be in addition to the Limits of Insurance of this policy. However our liability for such a judgment or settlement will not exceed the Limits of Insurance of this policy. 2. Audit and Premium a. You agree to pay the premium when due. b. The Premium shown as Advance Premium on the Declarations is a flat charge unless a rate is shown. c. If a rate is shown in the Declarations the Advance Premium shown in the Declarations is an estimated premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first named insured. If the earned premium is greater than 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 the first named insured subject to the Minimum Retained Premium if any shown in the Declarations for each twelve months of the policy period. d. The first named insured should keep records of the information we need for premium computation and make available to us or send us this information whenever we request. e. We may examine your books and records as they relate to this policy at any time during the policy period and for up to three years after the expiration or termination of this policy. LCU 00010118 2017 Liberty Mutual Insurance Page 14 of 24 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 14 of 24 | 1 |
f. We may at our option make an additional premium charge for any organization that you acquire or form during the policy period. 3. Bankruptcy or Insolvency Your or any underlying insurer s bankruptcy insolvency or inability to pay shall neither relieve nor increase our obligations under this policy. However under no circumstances will such bankruptcy insolvency or inability to pay require us to drop down replace or assume any obligation of underlying insurance. This insurance will apply as if the underlying insurance were in full effect. 4. Cancellation and Nonrenewal a. The first named insured may cancel this policy by mailing or delivering advance written notice to us stating when cancellation is to take effect. 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. We will mail or deliver our notice to the first named insured s last mailing address known to us. c. The policy period will end on the day and hour stated in the cancellation notice. d. If we cancel final premium will be calculated pro rata based on the time the policy was actually in effect. e. If the first named insured cancels the premium refund may be less than pro rata and will be subject to the Minimum Retained Premium if any shown in the Declarations. f. Premium adjustment will be made at the time of cancellation or as soon as practicable thereafter but 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. g. If we decide not to renew this policy we will mail or deliver our written notice of nonrenewal to the first named insured s last mailing address known to us not less than 30 days before the policy expiration date. h. If notice is mailed proof of mailing will be sufficient proof of notice. 5. Changes This policy may be amended only by a written endorsement to this policy issued by us. a. Duties in the Event of Occurrence Claim or Suit You must promptly notify us of any occurrence which may result in a claim or suit seeking damages under this policy. To the extent possible notice should include 1 How when and where the occurrence took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence. Notice of an occurrence is not notice of a claim. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 15 of 24 | 1 |
b. If a claim is made or suit is brought against any insured that is reasonably likely to involve the coverage provided by this policy you must notify us in writing promptly. c. You and any other involved insured also must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation settlement or defense of any claim or suit we investigate settle or defend and 4 Upon our request assist us in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation make any admission or incur any expense other than for first aid without our consent. As used in this Paragraph 6. promptly means as soon as practicable after knowledge of the occurrence has been reported to an executive officer of the insured or to the employee designated by the insured to give us notice. Inspection We have the right but are not obligated to inspect your premises and operations at any time. Our inspections are not safety inspections. They relate only to the insurability of your premises and operations and the premiums to be charged. We may give you reports on the conditions that we find. We may also recommend changes. However we do not undertake to perform the duty of you or any person or organization to provide for the health or safety of your employees or the public. We do not warrant the health and safety conditions of your premises or operations nor do we represent or certify that your premises or operations comply with laws regulations codes or standards. This condition applies not only to us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys reports or recommendations for us. Legal Action Against Us No person or organization has the right under this policy a. Tojoin us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us under this policy unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this policy or that are in excess of the applicable Limits of Insurance of this policy. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. Maintenance of Underlying Insurance During the policy period you must ensure that a. All underlying insurance remains in effect b. The terms definitions conditions and exclusions of all underlying insurance do not materially change c. Any renewals or replacements of any underlying insurance will not be more restrictive in coverage and will afford limits of insurance equal to or greater than the policy being renewed or replaced LCU 00010118 2017 Liberty Mutual Insurance Page 16 of 24 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
10. 1. 12 13. d. The total applicable limits of all underlying insurance do not decrease except for any reduction or exhaustion of aggregate limits by payment of judgments or settlements and e. You notify us in writing as soon as practicable if any underlying insurance is cancelled not renewed replaced or otherwise terminated or if the limits or scope of coverage of any underlying insurance is changed. Failure to comply with these requirements will not invalidate this insurance. However in the event of such failure we will only be liable to the same extent that we would have been had you fully complied with these requirements. Named Insureds a. The first named insured is authorized to act and agrees to act on behalf of all persons or organizations insured under this policy with respect to all matters pertaining to the insurance afforded by the policy. b. Each Named Insured is jointly and severally liable for 1 All premiums due under this policy and 2 Any other financial obligations of any Named Insured to us arising out of any agreements contained in this policy. Other Insurance This insurance is excess over and will not share or contribute with any other insurance whether primary excess contingent or on any other basis. However this insurance will not seek contribution from any other insurance available to an additional insured provided that a. The additional insured is a Named Insured on such other insurance b. You have agreed in a written contract or agreement with the additional insured that this insurance would not seek contribution from any other insurance available c. Underlying insurance includes the person or organization as an additional insured and d. Underlying insurance provides coverage to the person or organization on a primary and noncontributory basis. Representations By accepting this policy you agree a. The statements in the Declarations are accurate complete and based on information and representations you provided or made to us b. We have issued this policy in reliance upon your information and representations. Separation of Insureds Except with respect to the Limits of Insurance of this policy 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. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 17 of 24 | 1 |
14. 15. 16. 17. 18. 19. Terms Conformed to Statute The terms of this policy which are in conflict with the statutes laws ordinances or regulations of the state or jurisdiction where this policy is issued are amended to conform to such statutes laws ordinances or regulations. Trade or Economic Sanctions This insurance applies except to the extent coverage is in violation of any trade or economic sanction embargo or similar regulation imposed by the United States of America. Transfer of Rights of Recovery Against Others to Us a. Ifany insured has rights to recover all or part of any payment we have made under this policy those rights are transferred to us. The insured will do all that is necessary to secure such rights and must help us enforce them. The insured will do nothing after loss to prejudice such rights. We have the right to recover our payments from anyone liable for injury or damage covered by this policy. We waive any right of recovery we may have against a person or organization if you waive any right of recovery against such a person or organization in a written contract but only if such contract was executed prior to injury or damage. b. Any recoveries shall be applied as follows 1 Any person or organization including the insured that has paid an amount in excess of the applicable Limits of Insurance of this policy will be reimbursed first 2 We then will be reimbursed up to the amount we have paid and 3 Lastly any person or organization including the insured that has paid an amount over which this policy is excess is entitled to claim the remainder. Expenses incurred by us in the exercise of the rights of recovery shall be apportioned among the persons or organizations including the insured in the ratio of their respective recoveries as finally settled. Transfer of Your Rights and Duties Your rights and duties under this policy may not be transferred without our written consent. If you die or are legally declared bankrupt your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. However in such event notice of cancellation of this policy sent to the first named insured and mailed to the last mailing address known to us will be sufficient notice to effect cancellation of this policy. Unintentional Failure to Disclose There will be no coverage under this policy for hazards you fail to disclose at the inception of the policy period except that unintentional failure of the Named Insured to disclose all hazards existing at the inception of this policy shall not be a basis for denial of any coverage afforded by this policy. However you must report the hazard to us as soon as practical after discovering the failure to disclose. When Loss is Payable Coverage under this policy will not apply unless and until the insured or the underlying insurer has paid or is obligated to pay the full amount of the retained limit. However when an agreed settlement or final judgment has been determined we will promptly pay on behalf of the insured those sums falling within the terms of this policy. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 18 of 24 | 1 |
You will promptly reimburse us for any amount within the Self Insured Retention paid by us on your behalf. SECTION VII DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding websites only that part of a website that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. 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. 3. Bodily injury means physical injury sickness or disease including death of a person. Bodily injury also means mental injury mental anguish humiliation or shock if resulting from physical injury sickness or disease to that person. 4. Covered auto means only an auto for which coverage is provided by underlying insurance. 5. 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. 6. Employee includes a leased worker. Employee does not include a temporary worker. 7. Executive officer means a person holding any of the officer positions created by your charter constitution by laws or any other similar governing document. 8. First named insured means the person or organization shown as the Named Insured in the Declarations or if more than one name appears the Named Insured listed first in the Declarations. 9. Fungi means any type or form of fungus including mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. 10. Hostile fire means a fire that becomes uncontrollable or breaks out from where it was intended to be. 11. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. Itincorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by a. The repair replacement adjustment or removal of your product or your work or LCU 00010118 2017 Liberty Mutual Insurance Page 19 of 24 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 19 of 24 | 1 |
b. Your fulfilling the terms of the contract or agreement. 12. Insured contract means A contract for lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract A sidetrack agreement Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality An elevator maintenance agreement That part of any contract or agreement entered into as part of your business pertaining to the rental or lease by you or any of your employees of any auto. However such contract or agreement shall not be considered an insured contract to the extent that it obligates you or any of your employees to pay for property damage to any auto rented or leased by you or any of your employees or 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 provided the bodily injury or property damage is caused in whole or in part by you or by those acting on your behalf. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraphs f. and g. above do not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing That pertains to the loan lease or rental of an auto to you or any of your employees if the auto is loaned leased or rented with a driver That holds a person or organization engaged in the business of transporting property by auto for hire harmless for your use of a covered auto over a route or territory that the person or organization is authorized to serve by public authority 4 That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders 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 s Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in Paragraph 4 above and supervisory inspection architectural or engineering activities. 13. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 20 of 24 | 1 |
14. Loading or unloading means the handling of property b. c. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto While it is in or on an aircraft watercraft or auto or While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. 15. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in Paragraph a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers and f. Vehicles not described in Paragraph a. b.. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where such vehicles are licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. LCU 00010118 2017 Liberty Mutual Insurance Page 21 of 24 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 21 of 24 | 1 |
16. 17. 18. 19. 20. 21. Occurrence means with respect to a. 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 b. Personal and advertising Injury an offense or series of related offenses. All damages that arise from the same act publication or general conditions are considered to arise out of the same occurrence regardless of the frequency or repetition thereof the number or kind of media used or the number of claimants c. Employee Benefits Liability an act error or omission or a series of related acts errors or omissions negligently committed in the administration of the Named Insured s employee benefit program. Other insurance means any valid and collectible policies of insurance providing coverage for damages covered in whole or in part by this policy. Other insurance does not include underlying insurance any amount shown in the Declarations as a Self Insured Retention or any insurance specifically written as excess over this policy. Personal and advertising injury means injury arising out of one or more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecution c. Wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor d. Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services e. Oral or written publication in any manner of material that violates a person s right of privacy f. The use of another s advertising idea in your advertisement or g. Infringing upon another s copyright trade dress or slogan in your advertisement. Bodily injury that arises out of personal and adverti injury. g injury will be considered personal and advertising Policy period means the period of time from the effective date of this policy shown in Item 2. of the Declarations to the earlier of the expiration termination or cancellation date of this policy. Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. Your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 22 of 24 | 1 |
22 23. 24 25. 26. 27. 28. b When all of the work to be done at the site has been completed if your contract calls for work at more than one job site. c When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. b. This hazard does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you created by the loading or unloading of that vehicle by any insured or 2 The existence of tools uninstalled equipment or abandoned or unused materials. Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. Retained limit means as to each occurrence the greater of a. The total applicable limits of the underlying insurance plus any other insurance available to the insured or b. The Self Insured Retention shown in the Declarations as a result of any one occurrence not covered by underlying insurance nor any other insurance. The Self Insured Retention does not apply to occurrences that would have been covered by underlying insurance but for the exhaustion of applicable limits. Spouse means any husband wife or partner in a marriage or civil union or any person qualifying as a domestic partner under any federal state or local laws or under the Named Insured s employee benefit program. Suit means a civil proceeding in which damages because of any liability to which this insurance applies are alleged. Suit includes a. Anarbitration proceeding in which such damages are claimed and can be awarded and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and can be awarded and to which the insured submits with our consent. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Underlying insurance means the policy or policies of insurance or self insurance listed in the Declarations under the Schedule of Underlying Insurance. Underlying insurer means any insurer who provides underlying insurance. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 23 of 24 | 1 |
29. 30. 31. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and who is not paid a fee salary or other compensation by you or anyone else for their work performed for you. Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 24 of 24 | 1 |
Policy Number TH7 621 093114 021 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW YORK CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM I If you are an individual and a covered auto you own is predominantly used for nonbusiness purposes Paragraph 4. of SECTION VI CONDITIONS is deleted and replaced by the following ENDING THIS POLICY A. Cancellation 1. You may cancel the entire policy by returning it to us or by giving us advance notice of the date cancellation is to take effect. 2. When this policy is in effect less than 60 days and is not a renewal or continuation policy we may cancel the entire policy for any reason provided we mail you notice within this period. If we cancel for nonpayment of premium we will a. Mail you at least 15 days notice and b. Inform you of the amount due. Payment of premium will be considered on time if made within 15 days after we mail you notice of cancellation. If we cancel for any other reason we will mail you a least 20 days notice. 3. When this policy is in effect 60 days or more or is a renewal or continuation policy we may cancel it or any insurance deemed severable only for one or more of the following reasons a. Nonpayment of premium provided however that a notice of cancellation on this ground shall inform you of the amount due. If we cancel for this reason we will mail you at least 15 days notice. Payment of premium will be considered on time if made within 15 days after we mail you notice of cancellation. b. Your driver s license or that of a driver who lives with you or customarily uses the covered auto has been suspended or revoked during the policy period other than a suspension issued pursuant to Subdivision 1 of Section 510b of the Vehicle and Traffic Law or one or more administrative suspensions arising out of the same incident which has or have been terminated prior to the effective date of cancellation. If we cancel for this reason we will mail you at least 20 days notice. c. We replace this policy with another one providing similar coverages and the same limits for a covered auto of the private passenger type. The replacement policy will take effect when this policy is cancelled and will end a year after this policy begins or on this policy s expiration date whichever is earlier. This paragraph applies only to renewal policies. d. This policy was obtained through fraud or material misrepresentation. If we cancel for this reason we will mail you at least 20 days notice. e. Any insured made a fraudulent claim. If we cancel for this reason we will mail you at least 20 days notice. LCU 02 06 06 20 2020 Liberty Mutual Insurance Page 1 of 5 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 5 | 2 |
C. If one of the reasons listed in this Paragraph 3. exists we may cancel the entire policy. For policies written for a period of more than one year or without a fixed expiration date we may cancel for the reasons in Paragraphs a. through e. above subject to New York Laws only at an anniversary of its original effective date. If we cancel such a policy we will mail you at least 45 but not more than 60 days notice. 4. Instead of cancellation we may condition continuation of this policy on a change of limits or elimination of any other coverage not required by law. If we do this we will mail you notice at least 20 days before the date of the change. 5. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 6. If this policy is cancelled we will send you any premium refund due. The refund will be pro rata. However when the premium is advanced under a premium finance agreement we will be entitled to retain a minimum earned premium of 10 of the total policy premium or 60 whichever is greater. The cancellation will be effective even if we have not made or offered a refund. Nonrenewal 1. If this policy is written for a period of less than one year and we decide subject to New York Laws not to renew or continue it or to condition renewal or continuation on a reduction of Liability Coverage or elimination of any other coverage we will mail or deliver to you written notice at least 45 but not more than 60 days before the end of the policy period. 2. We will have the right not to renew or continue a particular coverage subject to New York Laws only at the end of each 12 month period following the effective date of the first of the successive policy periods in which the coverage was provided. 3. We do not have to mail notice of nonrenewal if you your agent or broker or another insurance company informs us in writing that you have replaced this policy or that you no longer want it. Mailing of notices We will mail or deliver our notice of cancellation reduction of limits elimination of coverage or nonrenewal to the address shown on the policy. However we may deliver any notice instead of mailing it. If notice is mailed a United States Postal Service certificate of mailing will be sufficient proof of notice. 1. For all policies other than those specified in Section I. of this endorsement Paragraph 4. of SECTION VI CONDITIONS is deleted and replaced by the following A 1. The first named insured shown in the Declarations may cancel this entire policy by mailing or delivering to us advance written notice of cancellation. 2. Cancellation of policies in effect a. 60 days or less We may cancel this policy by mailing or delivering to the first named insured written notice of cancellation at least 1 30 days before the effective date of cancellation if we cancel for any reason not included in Paragraph A.2.a.3 or Paragraph A.2.b. below. 2 15 days before the effective date of cancellation if we cancel for any of the reasons included in Paragraph A.2.b. below. LCU 02 06 06 20 2020 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 2 of 5 | 2 |
3 20 days before the effective date of cancellation if we cancel because one or more underlying policies providing primary or intermediate coverage were cancelled where a Such cancellation is based upon Paragraphs A.2.b.1 through A.2.b.8 below and b Such policies are not replaced without lapse. b. For more than 60 days If this policy has been in effect for more than 60 days or if this policy is a renewal or continuation of a policy we issued we may cancel only for any of the reasons listed below provided we mail the first named insured written notice at least 15 days before the effective date of cancellation 1 Nonpayment of premium provided however that a notice of cancellation on this ground shall inform the first named insured of the amount due 2 Conviction of a crime arising out of acts increasing the hazard insured against 3 Discovery of fraud or material misrepresentation in the obtaining of the policy or in the presentation of a claim 4 After issuance of the policy or after the last renewal date discovery of an act or omission or a violation of any policy condition that substantially and materially increases the hazard insured against and which occurred subsequent to inception of the current policy period s Material change in the nature or extent of the risk occurring after issuance or last annual renewal anniversary date of the policy which causes the risk of loss to be substantially and materially increased beyond that contemplated at the time the policy was issued or last renewed 6 Cancellation is required pursuant to a determination by the Superintendent that continuation of our present premium volume would jeopardize our solvency or be hazardous to the interest of our policyholders our creditors or the public A determination by the Superintendent that the continuation of the policy would violate or would place us in violation of any provision of the Insurance Code Suspension or revocation during the required policy period of the driver s license of any person who continues to operate a covered auto other than a suspension issued pursuant to Subdivision 1 of Section 510b of the Vehicle and Traffic Law or one or more administrative suspensions arising from the same incident which has or have been terminated prior to the effective date of cancellation or 9 Cancellation of one or more of the underlying policies providing primary or intermediate coverage where a Such cancellation is based upon Paragraphs 1 through 8 of this Paragraph A.2.b and b Such policies are not replaced without lapse. We will mail or deliver our notice including the reason for cancellation to the first named insured at the address shown in the policy and to the authorized agent or broker. The policy period will end on the day and hour stated in the cancellation notice. 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 and will be subject to the Minimum Retained Premium if any shown in the Declarations. LCU 02 06 06 20 2020 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 3 of 5 | 2 |
However when the premium is advanced under a premium finance agreement the cancellation refund will be pro rata under such financed policies we will be entitled to retain a minimum earned premium of 10 of the total policy premium or 60 whichever is greater. The cancellation will be effective even if we have not made or offered a refund. 6. Regardless of the number of days this policy has been in effect if a. This policy covers covered autos subject to the provisions of Section 370 of the New York Vehicles and Traffic Laws and b. The Commissioner of the Department of Motor Vehicles deems this policy to be insufficient for any reason we may cancel this policy by giving you notice of such insufficiency 45 days before the effective date of cancellation to permit you to replace this policy. 7. The effective date of cancellation stated in the notice shall become the end of the policy period. 8. Notice will include the reason for cancellation. We will mail or deliver our notice to the first named insured at the address shown in the policy and to the authorized agent or broker. However we may deliver any notice instead of mailing it. Proof of mailing will be sufficient proof of notice. 1. Nonrenewal If we decide not to renew this policy we will send notice as provided in Paragraph B.3. below. 2. Conditional renewal If we conditionally renew this policy subject to a. A change of limits b. A change in type of coverage c. A reduction of coverage d. Anincreased deductible e. An addition of exclusion or f. Increased premiums in excess of 10 exclusive of any premium increase due to and commensurate with insured value added or increased exposure units or as a result of experience rating retrospective rating or audit we will send notice as provided in Paragraph B.3. below. We may conditionally renew this policy subject to the requirements stipulated by the Maintenance of Underling Insurance Condition 9. of SECTION VI CONDITIONS. Failure to comply with the aforementioned condition as of the expiration date of the policy or 60 days after mailing or delivering the notice of conditional renewal the conditional renewal shall be deemed to be an effective notice of nonrenewal. 3. Notices of nonrenewal and conditional renewal a. If we decide not to renew this policy or to conditionally renew this policy as provided in Paragraphs B.1. and B.2. above we will mail or deliver written notice to the first named insured shown in the Declarations at least 30 but not more than 120 days before 1 The expiration date or LCU 02 06 06 20 2020 Liberty Mutual Insurance Page 4 of 5 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 4 of 5 | 2 |
C. D. 2 The anniversary date if this is a continuous policy. b. Notice will be mailed or delivered to the first named insured at the address shown in the policy and to the authorized agent or broker. If notice is mailed proof of mailing will be sufficient proof of notice. c. Notice will include the specific reasons for nonrenewal or conditional renewal including the amount of any premium increase for conditional renewal and description of any other changes. d. If we violate any of the provisions of Paragraph B.3.a. B.3.b. or B.3.c. above by sending the first named insured an incomplete or late conditional renewal notice or a late nonrenewal notice 1 And if notice is provided prior to the expiration date of this policy coverage will remain in effect at the same terms and conditions of this policy at the lower of the current rates or the prior period s rates until 60 days after such notice is mailed or delivered unless the first named insured during this 60 day period has replaced the coverage or elects to cancel. And if the notice is provided on or after the expiration date of this policy coverage will remain in effect at the same terms and conditions of this policy for another policy period at the lower of the current rates or the prior period s rates unless the first named insured during this additional policy period has replaced the coverage or elects to cancel. e. If you elect to renew on the basis of a late conditional renewal notice the terms conditions and rates set forth in such notice shall apply 1 Upon expiration of the 60 day period or 2 Notwithstanding the provisions in Paragraphs d.1 and d.2 as of the renewal date of the policy if the conditional renewal notice was sent at least 30 days prior to the expiration or anniversary date of the policy. f. We will not send you notice of nonrenewal or conditional renewal if you your authorized agent or broker or another insurer of yours mails or delivers notice that the policy has been replaced or is no longer desired. The aggregate limits of this policy as shown in the Declarations will be increased in proportion to any policy extension provided in accordance with Paragraph B. above. The last sentence of Paragraph 7. of SECTION Il LIMITS OF INSURANCE does not apply when the policy period is extended because we sent the first named insured an incomplete or late conditional renewal notice or a late nonrenewal notice. LCU 02 06 06 20 2020 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 5 of 5 | 2 |
Policy Number TH7 621 093114 021 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Schedule Number of Days Notice 60 days except 10 days for non payment of premium For any statutorily permitted reason other than nonpayment of premium the number of days required for notice of cancellation as provided in either Paragraph 4.b. of SECTION VI CONDITIONS or as amended by an applicable state cancellation endorsement is increased to the number of days shown in the Schedule of this endorsement. LCU 02750118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 621 093114 021 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PROFESSIONAL HEALTH CARE SERVICES BY EMPLOYEES OR VOLUNTEER WORKERS COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. Paragraph 4.a.1d of SECTION Il WHO IS AN INSURED is deleted and replaced by the following d Arising out of his or her providing or failing to provide professional health care services. However any employee or volunteer worker of the Named Insured who is a designated health care provider is an insured under this policy with respect to bodily injury or personal and advertising injury that i Arises out of the providing of or failure to provide professional health care services and ii Occurs in the course of and within the scope of such employee s or volunteer worker s employment by the Named Insured. B. With respect to coverage provided to employees and volunteer workers providing professional health care services the following exclusion is added to SECTION V EXCLUSIONS Professional Health Care Services by Employees and Volunteer Workers Any bodily injury or personal and advertising injury arising out of a. Liability assumed under an insured contract or any other contract or agreement b. Liability arising out of the providing of professional health care services in violation of law c. Liability arising out of the providing of professional health care services while in any degree under the influence of intoxicants or narcotics d. Liability arising out of any dishonest fraudulent malicious or knowingly wrongful act or failure to act or e. Punitive or exemplary damages fines or penalties. C. The following definition is added to SECTION VII DEFINITIONS Designated health care provider means any employee or volunteer worker of the Named Insured whose duties include providing professional health care services including but not limited to doctors nurses emergency medical technicians or designated first aid personnel. LCU 04070118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 621 093114 021 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CRISIS MANAGEMENT COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Schedule Crisis Management Expense Aggregate Limit 250000 Liberty Mutual Preferred Public Relations Vendor Weber Shandwick Liberty Mutual Claims 1 800 362 0000 For purposes of coverage afforded by this endorsement only A. The following is added to SECTION COVERAGES CRISIS MANAGEMENT We will pay those sums necessary to reimburse you or pay on your behalf crisis management expenses arising from an insured crisis event to which this insurance applies. However b. This insurance applies only if 1 The insured crisis event commences during the policy period 2 The insured crisis event did not arise out of any fact circumstance pre existing condition or situation that you prior to the inception date of this policy knew or reasonably should have known could lead to cause or result in an insured crisis event 3 You notify us by telephone at the number listed for Liberty Mutual Claims as shown in the Schedule above within 7 days of the insured crisis event 4 The crisis management expenses are first incurred within 15 days after the insured crisis event commences 5 The crisis management expenses are not incurred more than 120 days after the commencement of the insured crisis event and 6 A claim for reimbursement of crisis management expenses is submitted within 120 days after incurring such crisis management expenses. We will have no duty under this Crisis Management Coverage to defend the insured against any claim suit or action seeking damages. Payment of any crisis management expenses under the Crisis Management Coverage endorsement is in addition to and will not reduce any other Limits of Insurance under this policy and will not be determinative of our obligations under this policy with respect to any claim or suit including any duty to defend or indemnify any insured for such claim or suit. LCU 04110118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 4 | 2 |
d. The amount we will pay is limited as described in Paragraph B. of the Crisis Management Coverage endorsement. e. An insured crisis event will be deemed to commence at the time when any of your key executives first become aware of the man made emergency situation that resulted in the insured crisis event. B. The following is added to SECTION Il LIMITS OF INSURANCE The Crisis Management Expense Aggregate Limit shown in the Schedule of the Crisis Management Coverage endorsement is the most we will pay for the sum of all crisis management expenses to which this endorsement applies regardless of the number of 1. Insureds 2. Insured crisis events 3. Persons or organizations making claims. C. The following is added to SECTION V EXCLUSIONS Newly Acquired or Formed Organizations Crisis management expenses incurred by any organization you newly acquire control or form if the insured crisis event which led to such crisis management expenses commenced before you acquired controlled or formed such organization. Infectious Diseases or llinesses Crisis management expenses arising out of any infectious diseases or illnesses caused by any bacterium virus or fungus. However this exclusion does not apply to crisis management expenses arising out of food borne illnesses. Intentional Acts by You Intentional acts by you or your employees provided that such acts were performed with the knowledge that it would directly lead to an insured crisis event. D. The following are added to SECTION VIl DEFINITIONS Insured crisis event means an occurrence resulting from a man made emergency situation including but not limited to a. Intentional acts except those committed by you or your employees such as arson a bombing the taking of hostages a mass shooting or terrorism if coverage under the Terrorism Risk Insurance Act is elected under the policy b. A building structure or equipment collapse c. An automobile watercraft or aircraft accident d. Spread of food borne illness or e. An explosion that a key executive reasonably believed in good faith has resulted or may result in a. 1 Damages in excess of the retained limit because of bodily injury or property damage to which this insurance applies or LCU 04110118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 2 of 4 | 2 |
b. 2 Multiple deaths burns dismemberment injuries traumatic brain injuries permanent paralysis injuries and Significant adverse regional or national media coverage about you. Crisis management expenses Means the following reasonable and necessary fees and expenses following an insured crisis event 1 Expenses incurred directly by our Liberty Mutual Preferred Public Relations Vendor shown in the Schedule for the purpose of maintaining and restoring public confidence in you. Expenses incurred by the public relations vendor that was held on retainer by you at the time of the insured crisis event for providing public relations and media management services but only for those expenses required for the purpose of maintaining and restoring public confidence in you related to the insured crisis event. 3 Expenses incurred directly by your operations for the purpose of maintaining and restoring public confidence in you. These expenses may include printing advertising or mailing of materials to manage reputational risk. 4 Costs of overtime paid to your regular non salaried employees and costs incurred by your employees including costs of transportation and accommodations for the purpose of providing public relations and media services. s Expenses you advance to third parties directly harmed by the insured crisis event for the purpose of mitigating the harm. These expenses may include funeral psychological or grief counseling temporary living and travel expenses. Does not include 1 Any damages imposed upon any insured including but not limited to any fine sanction penalty or punitive or exemplary damages plus any equitable injunctive or other non monetary relief. 2 Any expenses you incur in the investigation defense or settlement of a claim or suit for bodily injury property damage or personal and advertising injury arising out of an insured crisis event. 3 The base salary or wages of any of your employees. 4 Any ransom payment or other expense incurred to meet a demand made to redeem a hostage or captive. 5 Expenses incurred by any public relations or crisis management firm that is not listed as a Liberty Mutual Preferred Public Relations Vendor in the Schedule or that was not held on retainer by you at the time of the insured crisis event. 6 Any retainers or other contracted fees you paid a professional crisis management firm public relations media relations or similar firm prior to an insured crisis event. 7 Damages arising out of any employment related practices such as refusal to employ termination or any other practices policies acts or omissions such as coercion demotion failure to promote evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at any person. Key executive means Chief Executive Officer LCU 04110118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 3 of 4 | 2 |
Chief Operating Officer Chief Financial Officer President General Counsel or Chief Legal Officer General Partner if you are a partnership or Sole Proprietor if you are a proprietorship Any person acting in the same capacity as any position listed in Paragraphs a. through e. above and Any risk manager responsible for insurance matters or any other lawfully elected or appointed executive officer official director trustee or commissioner that is responsible for insurance matters. The following is added to SECTION VI CONDITIONS Duties in the Event of an Insured Crisis Event In the event you did not have a public relations or crisis management firm held on retainer at the time of the insured crisis event and would like to utilize a Liberty Mutual Preferred Public Relations Vendor you must notify both the Liberty Mutual Preferred Public Relations Vendor and Liberty Mutual Claims at the phone number listed in the Schedule within 7 days of an insured crisis event. Due to the emergent nature of claims under this coverage there may be circumstances in which expenses are incurred by a Liberty Mutual Preferred Public Relations Vendor prior to our having the opportunity to determine whether those expenses will be covered under this policy. In those circumstances we will reimburse or pay expenses incurred for services from our Liberty Mutual Preferred Public Relations Vendor prior to our making a coverage determination. We reserve the right to decline expenses incurred after we have informed you that the claim is not covered. In the event you choose to use the public relations or crisis management vendor that you held on retainer at the time of the insured crisis event you must notify Liberty Mutual Claims at the phone number listed in the Schedule within 7 days of an insured crisis event. Additionally you must provide us with written notice as soon as practicable. To the extent possible such written notice should include 1 How when and where the insured crisis event took place 2 The names and addresses of any affected parties and witnesses and 3 The nature and location of any injury or damage arising out of the insured crisis event. LCU 04110118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 4 of 4 | 2 |
Policy Number TH7 621 093114 021 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMUNICABLE DISEASE EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following exclusion is added to SECTION V EXCLUSIONS Communicable Disease Any liability arising out of the actual or alleged transmission of a communicable disease. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in a. The supervision hiring employment training or monitoring of others that may be infected with and spread a communicable disease b. Testing for a communicable disease c. Failure to prevent the spread of a communicable disease or d. Failure to report a communicable disease to authorities. LCU21010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 621 093114 021 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AIRCRAFT PRODUCTS AND GROUNDING EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. The following exclusion is added to SECTION V EXCLUSIONS Aircraft Products and Grounding Any liability arising out of or allegedly arising out of b. c. d. Aircraft products Work performed upon or in connection with aircraft products Any representation or warranty made at any time with respect to such products or work or The grounding of any aircraft. B. For the purposes of this endorsement the following are added to SECTION VII DEFINITIONS Aircraft includes missiles and spacecraft. Aircraft products means b. e. Aircraft and any ground support or control equipment used in connection with aircraft Any of your products manufactured sold handled or distributed for use in any aircraft or for use in connection with the manufacture repair operation maintenance or use of any aircraft Any of your products installed in or used in connection with aircraft including spare parts ground handling tools and equipment Training aids navigation charts navigation aids instructions manuals blueprints engineering or other data or engineering or other professional advice and Services and labor relating to Paragraph a. b. c. or d. above. 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 an actual alleged or suspected defect fault or condition in such aircraft or any part thereof whether such aircraft withdrawn or restricted are owned or operated by the same or different persons or organizations. A grounding will be deemed to commence on the date of an occurrence which discloses such defect fault or condition or on the date an aircraft is first withdrawn from service on account of such defect default or condition whichever occurs first. LCU 21070118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 621 093114 021 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DAMAGE FIRST OCCURRING PRIOR TO POLICY PERIOD EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following exclusion is added to SECTION V EXCLUSIONS Damage First Occurring Prior to Policy Period This insurance does not apply to bodily injury or property damage within the products completed operations hazard if the injury or damage first occurred prior to the effective date of this policy. LCU 21470118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 621 093114 021 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULED ENDORSEMENT EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following exclusion is added to SECTION V EXCLUSIONS This insurance does not apply to any liability excluded from underlying insurance by the endorsements listed in the Schedule of this endorsement even if such endorsement is removed or revised on or after the effective date of the underlying insurance. Schedule Endorsement Name Non Cumulation of Liability Same Occurrence Endorsement Number LC 251308 08 Insurer Liberty Mutual Fire Insurance Company Policy Type General Liability Policy Number TB2 621 093114 051 Policy Period 04012021 04012022 Endorsement Name Endorsement Number Insurer Policy Type Policy Number Policy Period Endorsement Name Endorsement Number Insurer Policy Type Policy Number Policy Period LCU 21480118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 621 093114 021 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UNLAWFUL DISCRIMINATION EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following exclusion is added to SECTION V EXCLUSIONS Unlawful Discrimination Any liability arising out of unlawful discrimination. LCU 21790618 2018 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 621 093114 021 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RESIDENTIAL CONSTRUCTION OPERATIONS EXCLUSION WITH COMMERCIAL NON RESIDENTIAL USE EXCEPTION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following exclusion is added to SECTION V EXCLUSIONS Residential Construction Operations Any liability arising out of residential construction operations whether ongoing or completed. If a residential construction project includes a component that is intended for commercial non residential use this exclusion shall not apply to that portion of the structure or project. For the purposes of this endorsement residential construction includes but is not limited to construction reconstruction demolition remodeling or repair of any phase of construction or site preparation for the following types of residential structures single or multi family dwellings tract homes apartments townhomes condominiums or any mixed use structures with a residential component but does not include hotels motels assisted living facilities nursing homes college campus dormitories or government housing on military bases. LCU 21830118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 621 093114 021 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY EXCLUSION WITH LIMITED BODILY INJURY EXCEPTION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. Exclusion 10. of SECTION V EXCLUSIONS is deleted. B. The following exclusion is added to SECTION V EXCLUSIONS Access or Disclosure of Confidential or Personal Information and Data Related Liability Any liability arising out of a. Any access to or the actual threatened or potential release disclosure or distribution of any person s or organization s confidential or personal information including but not limited to 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 this exclusion does not apply to damages because of bodily injury arising from the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. LCU 21850118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 621 093114 021 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FOREIGN LIABILITY LIMITATION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. For the purpose of this endorsement Paragraph 2.b. of SECTION COVERAGES is deleted and replaced by the following b. The bodily injury property damage or personal and advertising injury is caused by an occurrence and B. The following exclusion is added to SECTION V EXCLUSIONS Foreign Liability Any liability caused by an occurrence that takes place outside of the United States of America including its territories and possessions Puerto Rico and Canada. However this exclusion does not apply to the extent underlying insurance provides such coverage. Coverage under this policy will be no broader than that provided by underlying insurance. LCU 240909 19 2019 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 621 093114 021 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW YORK CHANGES This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. The following is added to Paragraph 1. of SECTION IV DEFENSE AND SUPPLEMENTARY PAYMENTS When we have a duty to defend we will defend the insured against any suit seeking those damages even if the allegations of the suit are groundless false or fraudulent. B. The following is added to Paragraph 13. of SECTION V EXCLUSIONS This exclusion does not apply to bodily injury arising out of discrimination based solely on disparate impact or vicarious liability. C. Only with respect to liability arising out of the ownership maintenance or use of covered autos the following are added to Paragraph 4. of SECTION IV DEFENSE AND SUPPLEMENTARY PAYMENTS g. All expenses incurred by an insured for first aid to others at the time of an occurrence. h. The cost of appeal bonds. D. SECTION VI CONDITIONS is revised as follows 1. The following is added to Paragraph 6. Duties in the Event of Occurrence Claim or Suit Notice given by or on behalf of the insured or written notice by or on behalf of the injured person or any other claimant to any agent of ours in New York State with particulars sufficient to identify the insured shall be considered to be notice to us. 2. Paragraph 8. is deleted and replaced by the following 8. Legal Action Against Us a. Except as provided in Paragraph b. below no person or organization has the right under this policy 1 To join us as a party or otherwise bring us into a suit asking for damages from an insured or 2 To sue us under this policy unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this policy or that are in excess of the applicable Limits of Insurance of this policy. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. b. With respect to all claims other than property damage claims if we deny coverage or do not admit liability because an insured or the injured person someone acting for the injured person or other claimant fails to give us written notice as soon as practicable then the injured person someone acting for the injured person or other claimant may bring an action against us provided the sole question is whether the denial of coverage or nonadmission of liability is based on the failure to provide timely notice. LCU 32040118 2017 Liberty Mutual Insurance Page 10of 3 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
However the injured person someone acting for the injured person or other claimant may not bring an action if within 60 days after we deny coverage or do not admit liability we or an insured 1 Brings an action to declare the rights of the parties under the policy and 2 Names the injured person someone acting for the injured person or other claimant as a party to the action. 3. Paragraph 2.c. under Audit and Premium is deleted and replaced by the following c. Ifarate is shown on Declarations the Advance Premium shown in the Declarations is an estimated premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first named insured. The due date for audit premiums is the date shown as the due date on the bill. An audit to determine the final premium due or to be refunded will be completed within 180 days after the expiration date of the policy. But the audit may be waived if the total annual premium attributable to the auditable exposure base is not reasonably expected to exceed 1500. If the sum of the Advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first named insured subject to the Minimum Retained Premium if any shown in the Declarations for each twelve months of the policy period. 4. Except as provided in Paragraph 3. above Paragraph 2.e. continues to apply. 5. The following is added to 12. Representations We do not provide coverage for any insured who has made fraudulent statements or engaged in fraudulent conduct in connection with any loss or damage for which coverage is sought under this policy. However with respect to liability arising out of the ownership maintenance or use of covered autos we will provide coverage to such insured for damages sustained by any person who has not made fraudulent statements or engaged in fraudulent conduct if such damages are otherwise covered under the policy. 6. The following is added to 6. Duties in the Event of Occurrence Claim or Suit Failure to give notice to us as required under this policy shall not invalidate any claim made by the insured injured person or any other claimant unless the failure to provide such timely notice has prejudiced us. However no claim made by the insured injured person or other claimant will be invalidated if it shall be shown not to have been reasonably possible to give such timely notice and that notice was given as soon as was reasonably possible thereafter. 7. Paragraph 3. is deleted and replaced by the following 3. Bankruptcy or Insolvency Your your estate or any underlying insurer s bankruptcy insolvency or inability to pay shall neither relieve nor increase our obligations under this policy. However under no circumstances will such bankruptcy insolvency or inability to pay require us to drop down replace or assume any obligation of underlying insurance. This insurance will apply as if the underlying insurance were in full effect. E. SECTION VIl DEFINITIONS is revised as follows Definition 14. Loading or unloading does not apply. F. The following provision is added It is hereby understood and agreed that notwithstanding anything in this policy to the contrary with respect to such insurance as is afforded by this policy the terms of this policy as respects coverage for operations in the LCU 32040118 2017 Liberty Mutual Insurance Page 2 of 3 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
State of New York must conform to the coverage requirements of the applicable insurance laws of the State of New York or the applicable regulations of the New York Department of Financial Services provided however that the company s limits of insurance as stated in this policy are excess of the limits of any underlying insurance or in any attached endorsement. LCU 32040118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 3 of 3 | 2 |
Policy Number TH7 621 093114 021 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW YORK TRANSFER OF DUTIES WHEN A LIMIT OF INSURANCE IS USED UP This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following condition is added to SECTION VI CONDITIONS Transfer of Duties When a Limit of Insurance is Used Up a. If we conclude that based on occurrences offenses claims or suits which have been reported to us and to which this insurance may apply the 1 General Aggregate Limit 2 Products Completed Operations Aggregate Limit or 3 Each Occurrence Limit is likely to be used up in the payment of judgments or settlements or supplementary payments if applicable we will notify the first named insured in writing to that effect. b. When a limit of insurance described in Paragraph a. above has actually been used up in the payment of judgments or settlements or supplementary payments if applicable 1 We will notify the first named insured in writing as soon as practicable that a Such a limit has actually been used up and b Our duty to defend suits seeking damages subject to that limit has also ended. 2 If we have a duty to defend we will initiate and cooperate in the transfer of control to any appropriate insured of all claims and suits seeking damages which are subject to that limit and which are reported to us before that limit is used up. That insured must cooperate in the transfer of control of said claims and suits. We agree to take such steps as we deem appropriate to avoid a default in or continue the defense of such suits until such transfer is completed provided the appropriate insured is cooperating in completing such transfer. We will take no action whatsoever with respect to any claim or suit seeking damages that would have been subject to that limit had it not been used up if the claim or suit is reported to us after that limit of insurance has been used up. 3 The first named insured and any other insured involved in a suit seeking damages subject to that limit must arrange for the defense of such suit within such time period as agreed to between the appropriate insured and us. Absent any such agreement arrangements for the defense of such suit must be made as soon as practicable. c. The first named insured will reimburse us for expenses we incur in taking those steps we deem appropriate in accordance with Paragraph b.2 above. LCU 32050118 2017 Liberty Mutual Insurance Page 1 of 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 2 | 2 |
The duty of the first named insured to reimburse us will begin on 1 The date on which the applicable limit of insurance is used up if we sent notice in accordance with Paragraph a. above or 2 The date on which we sent notice in accordance with Paragraph b.1 above if we did not send notice in accordance with Paragraph a. above. d. The exhaustion of any limit of insurance by the payments of judgments or settlements or supplementary payments if applicable and the resulting end of our duty to defend will not be affected by our failure to comply with any of the provisions of this condition. LCU 32050118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. 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. NEW YORK LEAD LIMITATION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following exclusion is added to SECTION V EXCLUSIONS Lead a. Bodily injury arising out of the actual or alleged ingestion inhalation exposure to or absorption of lead b. Any liability arising out of or related to lead the actual or alleged exposure to lead or any claims or suits arising from lead c. 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 d. 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. For the purposes of this endorsement lead means lead and lead compounds in any form. However this exclusion does not apply to the extent underlying insurance provides such coverage. Coverage under this policy will be no broader that that provided by underlying insurance. LCU 32070118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 621 093114 021 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW YORK CHANGES SILICA OR SILICA RELATED DUST EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following exclusion is added to SECTION V EXCLUSIONS Silica or Silica Related Dust Bodily injury arising from the known health hazards of silica and arising in whole or in part out of the actual alleged threatened or suspected inhalation of or ingestion of silica or silica related dust. Property damage arising from the known health hazards of silica and arising in whole or in part out of the actual alleged threatened or suspected contact with exposure to existence of or presence of silica or silica related dust. Personal and advertising injury arising from the known health hazards of silica and arising in whole or in part out of the actual alleged threatened or suspected inhalation of ingestion of contact with exposure to existence of or presence of silica or silica related dust. Any loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediation 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. For the purpose of this endorsement b. Silica means silicon dioxide occurring in crystalline amorphous and impure forms silica particles silica dust or silica compounds. Silica related dust means a mixture or combination of silica and other dust or particles. LCU 32320118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 621 093114 021 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW YORK CHANGES FUNGI OR BACTERIA This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. Exclusion 15. of SECTION V EXCLUSIONS is deleted. B. Paragraph 9. of SECTION VII DEFINITIONS is deleted. However this amendment only applies to any liability caused by an occurrence arising out of fungi or bacteria that takes place in the state of New York. LCU 321300118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 621 093114 021 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CERTIFIED ACTS OF TERRORISM EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. The following exclusion is added to SECTION V EXCLUSIONS Terrorism Any injury or damage arising directly or indirectly out of a certified act of terrorism. B. The following definitions are added to SECTION VII DEFINITIONS Any injury or damage means any injury or damage covered by this insurance in excess of the underlying insurance and includes but is not limited to bodily injury property damage or personal and advertising injury as may be defined in this policy or underlying insurance. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. C. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this policy. LCU 60050118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 621 093114 021 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Schedule Email Address or Mailing Address Name of Other Persons Organizations As per Primary Liberty Mutual policy Number of Days Notice As per Primary Liberty Mutual policy nan nan nan nan 30.0 A. If we cancel this policy for any reason other than nonpayment of premium we will notify the persons or organizations shown in the Schedule of this endorsement. We will send notice to the email or mailing address listed above at least 10 days or the number of days listed above if any before the cancellation becomes effective. In no event shall the notice period applicable to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. LCU 99160118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 621 093114 021 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA LIMITATION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Exclusion 15. of SECTION V EXCLUSIONS does not apply to a. Bodily injury or personal and advertising injury that is covered by underlying insurance or b. Property damage that is covered by underlying insurance to your work that arises out of it or any part of it and is included in the products completed operations hazard if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. Coverage under this policy will be no broader than that provided by underlying insurance. LMU 04 3205 18 2018 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
LIBERTY MUTUAL GROUP CALIFORNIA PRIVACY NOTICE Commercial Lines excluding Workers Compensation Effective December 15 2020 Liberty Mutual Group and its affiliates subsidiaries and partners collectively Liberty Mutual or we us and our provide insurance to companies and other insurers. This Privacy Notice explains how we gather use and share your data. This Privacy Notice applies to you if you are a Liberty Mutual commercial line insured or are a commercial line claimant residing in California. It does not apply to covered employees or claimants under Workers Compensation policies. If this notice does not apply to you go to libertymutual.comprivacy to review the applicable Liberty Mutual privacy notice. What Data Does Liberty Mutual Gather We may collect the following categories of data Identifiers including a real name alias postal address unique personal identifier online identifier Internet Protocol address email address account name Social Security Number driver s license number or other similar identifiers Personal information described in California Civil Code 1798.80e such as your name signature Social Security Number physical characteristics or description address telephone number driver s license or state identification card number insurance policy number education employment employment history bank account number financial information medical information or health insurance information Protected classification characteristics including age race color national origin citizenship religion or creed marital status medical condition physical or mental disability sex including gender gender identity gender expression pregnancy or childbirth and related medical conditions sexual orientation or veteran or military status Commercial information including records of personal property products or services purchased obtained or considered or other purchasing or consuming histories and tendencies Internet or other similar network activity including browsing history search history information on a consumer s interaction with a website application or advertisement Professional or employment related information including current or past job history or performance evaluations Inferences drawn from other personal information such as a profile reflecting a person s preferences characteristics psychological trends predispositions behavior attitudes intelligence abilities and aptitudes Risk data including data about your driving andor accident history this may include data from consumer reporting agencies such as your motor vehicle records and loss history information health data or criminal convictions and Claims data including data about your previous and current claims which may include data regarding your health criminal convictions third party reports or other personal data. For information about the types of personal data we have collected about California consumers in the past twelve 12 months please go to libertymutual.comprivacy and click on the link for the California Supplemental Privacy Policy. How We Get the Personal Data We gather your personal data directly from We also gather your personal data from other people. you. For example you provide us with data For example when you ask about buy insurance or file a claim your insurance agent or broker pay your policy your employer association or business if you are insured through them visit our websites call us or visit our office our affiliates or other insurance companies about your transactions with them SNI 04011220 2020 Liberty Mutual Insurance Page 1 of 5 your peirsofial Uala 1mom ouer peopie. | 2 |
consumer reporting agencies Motor Vehicle Departments and inspection services to gather your credit history driving record claims history or value and condition of your property other public directories and sources third parties including other insurers brokers and insurance support organizations who you have communicated with about your policy or claim anti fraud databases sanctions lists court judgments and other databases government entities open electoral register advertising networks data analytics providers social networks data brokers or in the event of a claim third parties including other parties to the claim witnesses experts loss adjustors and claim handlers other third parties who take out a policy with us and are required to provide your data such as when you are named as a beneficiary or where a family member has taken out a policy which requires your personal data For information about how we have collected per libertymutual.comprivacy and click on the link for the How Does Liberty Mutual Use My Data Liberty Mutual uses your data to provide you with o Privacy Notice. Your data may be used to sonal data in the past twelve 12 months please go to California Supplemental Privacy Policy. ur products and services and as otherwise provided in this Business Purpose Data Cateqories Market sell and provide insurance. o dentifiers This includes for example e Personal Information calculating your premium Protected Classification Characteristics e determining your eligibility for a quote o Commercial Information e confirming your identity and service your o Internet or other similar network activity policy o Professional or employment related information o Inferences drawn from other personal information Risk data Claims data IManage your claim. This includes for example o dentifiers e managing your claim if any e Personal Information e conducting claims investigations o Protected Classification Characteristics e conducting medical examinations o Commercial Information e conducting inspections appraisals o Internet or other similar network activity providing roadside assistance o Professional or employment related information e providing rental car replacement or repairs o Inferences drawn from other personal information Risk Data Claims Data is includes for example e calculating your premium determining your eligibility for a quote e confirming your identity and service your policy Characteristics o Characteristics o SNI104 011220 2020 Liberty Mutual Insurance Page 2 of 5 | 2 |
IDay to Day Business and Insurance Operations. o dentifiers This includes for example e Personal Information creating maimaing customizing and o Protected Classification Characteristics securing accounts o Commercial Information M f lzfzgday business and insurance yternet or other similar network activity o doing internal research for technolo e Professional or employment related information deveglopment Yy o Inferences drawn from other personal information e marketing and creating products and services M Risk data e conducting audits related to a current contact Claims data with a consumer and other transactions e as described at or before the point of gathering personal data or with your authorization Security and Fraud Detection. o Identifiers This includes for example e Personal Information detecting security issues Protected Classification Characteristics e protecting against fraud or illegal activity and o Commercial Information zfzleysm regulatory and law enforcement 46 et or other similar network activity o managin isk and securing our systems. e Professional or employment related information asselsg irfrastructure and pgremiseys o Inferences drawn from other personal information e help to ensure the safety and security of N RSk data Liberty staff assets and resources which may Claims data include physical and virtual access controls and access rights management e supervisory controls and other monitoring and reviews as permitted by law and e emergency and business continuity management Regulatory and Legal Requirements. e dentifiers This includes for example e Personal Information controls and access rights management Protected Classification Characteristics e to evaluate or conduct a merger divestiture o Commercial Information restructuring reorganization dissolution or o Internet or other similar network activity other sale or transfer of some or all of Liberty s. assets whether as a going concern or as part e Professional or employment related information of banlrupcy liquidation o similar. Inferences drawn from other personal information proceeding in which personal data held by e Risk data Liberty is among the assets transferred e Claims data exercising and defending our legal rights and positions to meet Liberty contract obligations to respond to law enforcement requests and as required by applicable law court order or governmental regulations as otherwise permitted by law. Characteristics Claims data Characteristics o Claims data cy and business continuity 1ent Characteristics o Claims data e as otherwise permitted by law. SNI104 011220 2020 Liberty Mutual Insurance Page 3 of 5 | 2 |
Improve Your Customer Experience and Our e dentifiers Products. o Personal Information This includes for example o Commercial Information mpovf you cuslgm.er experience our e Internet or other similar network activity. goprzswcsieajnsu grovrfiersonalize and develop e Professional or employment related nformaton our website products and services. Inferences drawn from other personal information e create and offer new products and services Risk data Claims data Analytics to identify understand and manage our e dentifiers risks and products. Personal Information This includes for gxample o o Protected Classification Characteristics e conducting analytics to better identify o Commercial Information understand and manage risk and our products. e Internet or other similar network activity e Professional or employment related information o Inferences drawn from other personal information Risk data Claims data ICustomer service and technical support. This o dentifiers includes for example Personal Information answer questions and provide notifications o Commercial Information provide customer and technical support o Internet or other similar network activity e Professional or employment related information o Inferences drawn from other personal information Risk data Claims data How Does Liberty Mutual Share My Data Liberty Mutual does not sell your personal data as defined by the California Consumer Privacy Act. Liberty Mutual shares personal data of California consumers with the following categories of third parties Liberty Mutual affiliates Service Providers Insurance support organizations Brokers and agents Government entities and institutions e.g. regulatory quasi regulatory tax or other authorities law enforcement agencies courts arbitrational bodies and fraud prevention agencies Professional advisors including law firms accountants auditors and tax advisors Advertising networks data analytics providers and social networks Insurers re insurers policyholders and claimants and As permitted by law. Liberty Mutual shares the following categories of personal data regarding California consumers to service providers for business purposes Identifiers Protected Classification Characteristics Internet or other similar network activity Inferences drawn from other personal information Professional employment and education information Personal Data Commercial Information Claims Data Risk Data For information about how we have shared personal information in the past twelve 12 months please go to libertymutual.comprivacy and click on the link for the California Supplemental Privacy Policy. SNI104 011220 2020 Liberty Mutual Insurance Page 4 of 5 mer experience our Characteristics I Personal Data Commercial Information Claims Data Risk Data | 2 |
What Privacy Rights Do Have The California Consumer Privacy Act provides California residents with specific rights regarding personal information. These rights are subject to certain exceptions. Our response may be limited as permitted under law. For more information on your rights please go to libertymutual.comprivacy and click on the link for the California Supplemental Privacy Policy. Will Liberty Mutual Update This Privacy Notice We reserve the right to makes changes to this notice at any time and for any reason. The updated version of this policy will be effective once it is accessible. You are responsible for reviewing this policy to stay informed of any changes or updates. Who Do Contact Regarding Privacy If you have any questions or comments about this Notice or the Supplemental CCPA Notice your rights or are requesting the Notice in an alternative format please do not hesitate to contact Liberty Mutual at Phone 800 344 0197 Email privacylibertymutual.com Postal Address Liberty Mutual Insurance Company Attn Privacy Office 175 Berkeley St 6th Floor Boston MA 02116 SNI104 011220 2020 Liberty Mutual Insurance Page 5 of 5 | 2 |
POLICYHOLDER DISCLOSURE TERRORISM RISK INSURANCE ACT THIS NOTICE CONTAINS IMPORTANT INFORMATION PURSUANT TO THE TERRORISM RISK INSURANCE ACT. PLEASE READ IT CAREFULLY. In accordance with the Terrorism Risk Insurance Act including all amendments TRIA or the Act we are required to provide you with a notice of the portion of your premium attributable to coverage for certified acts of terrorism the federal share of payment of losses from such acts and the limitation or cap on our liability under the Act. Disclosure of Premium The Company has made available coverage for certified acts of terrorism as defined in the Act. If purchased the portion of your premium attributable to coverage for certified acts of terrorism is shown in the Declarations Declarations Extension Schedule or elsewhere by endorsement in your policy. Federal Participation In Payment Of Terrorism Losses If an individual insurer s losses from certified acts of terrorism exceed a specified deductible amount the government will generally reimburse the insurer for a percentage of losses the Federal Share paid in excess of the deductible but only if aggregate industry losses from certified acts of terrorism exceed the Program Trigger. Beginning in calendar year 2020 the Federal Share is 80 and Program Trigger is 200000000. Cap On Insurer Parti ation In Payment Of Terrorism Losses If aggregate insured losses attributable to certified acts of terrorism exceed 100 billion in a calendar year and we have met our deductible under the Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion. Nor shall Treasury make any payment for any portion of the amount of such losses that exceeds 100 billion. In such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. SNI90 020120 2020 Liberty Mutual Insurance Page 1 of 1 | 2 |
Policy Number TH7 621 093114 021 Issued by LIBERTY INSURANCE CORPORATION In witness whereof the company has caused this policy to be signed by its President and its Secretary. EEEEEEEEE SECRETARY LIL9007 1013 2013 Liberty Mutual Insurance. All rights reserved. Page 1 of 1 | 2 |
BITCO INSURANCE C OMPANIES Member of Old Republic Compan BITCO General Insurance Corporation CAPITAL STOCK INSURANCE COMPANIES 3700 MARKET SQUARE CIRCLE DAVENPORT IOWA 52807 Toll Free Number 1 800 475 4477 CUP 2818316 GU4843 0416 KANSAS CITY BR | 2 |
NOTICE BITCO BRANCH CLAIM OFFICES 5920 NE Ray Circle Ste. 250 Hillsboro OR 97124 Tel 503 686 7006 844 794 7394 toll free Fax 503 430 0739 P.O. Box 12936 Oklahoma Citv. OK 73157 2936 Tel 405 767 2064 800 947 0809 toll free Fax 405 767 9438 Foster Plaza Five 651 Holiday Drive Pittsburah PA 15220 2757 Tel 412 937 9000 800 253 1232 toll free Fax 412 937 1143 P.O. Box 291689 Nashville TN 37229 1689 Tel 615 871 9042 800 342 5786 toll free Fax 615 871 0783 1701 Centerview Drive Ste. 203 Little Rock. AR 72211 Tel 501 224 3080 800 876 8147 toll free Fax 844 712 8156 3700 Crestwood Parkway Ste. 650 Duluth GA 30096 5599 Tel 770 923 7551 800 822 2905 toll free Fax 844 377 4676 P.O. Box 12936 Oklahoma Citv. OK 73157 2936 Tel 405 767 2064 800 947 0809 toll free Fax 405 767 9438 P.O.Box 718 Shawnee Mission KS 66201 0718 Tel 913 262 4664 800 821 5354 toll free Fax 855 227 6973 111 Veterans Blvd. Ste. 404 Metairie LA 70005 3043 Tel 504 837 5480 800 605 0311 toll free Fax 504 831 0720 9901 IH 10 West Ste. 1050 San Antonio TX 78230 Tel 210 340 8199 888 857 8031 toll free Fax 844 250 1519 P.O. Box 65605 West Des Moines IA 50265 0605 Tel 515 223 1122 800 383 1122 toll free Fax 844 462 2024 P.O. Box 167968 Irvina. TX 75016 7968 Tel 972 506 9591 800 683 9591 toll free Fax 972 556 1539 P.O. Box 1210 Brookfield WI 53008 1210 Tel 262 792 9254 800 242 6258 toll free Fax 262 792 9264 300 N. Meridian Ste. 920 Indianapolis IN 46204 Tel 317 243 6721 800 382 9991 toll free Fax 844 371 2497 P.O. Box 280729 Lakewood CO 80228 0729 Tel 303 985 9494 877 746 1748 toll free Fax 303 985 0808 4252 Carmichael Road Ste. 231 Montaomerv AL 36106 2804 Tel 334 215 0633 800 239 7400 toll free Fax 334 244 1194 P.O. Box 474630 Charlotte. NC 28247 Tel 704 341 3725 800 642 2507 toll free Fax 833 200 2221 10733 Sunset Office Drive Ste. 430 St. Louis MO 63127 1033 Tel 314 822 4446 800 723 8632 toll free Fax 314 822 9850 HOME OFFICE 3700 Market Square Circle Davenport IA 52807 TELEPHONE NUMBER 563 232 0499 TOLL FREE NUMBER 1 800 475 4477 GU4845 0420 | 2 |
NOTICE PRIVACY STATEMENT BITCO Insurance Companies is strongly committed to protecting the confidentiality of our customers non public personal information. We collect information about our customers on a routine basis. The collection of this information is necessary to effect administer or enforce a transaction that you our customer have authorized. Even after our business relationship ends your personal information remains confidential. This notice describes our privacy policy and explains how we treat the information we receive about you. Information about you is collected through your application for insurance or submission of a claim. This information may include but is not limited to Identification Information such as name address Social Security Number employer identification number date of birth age and gender. Personal Financial Information such as credit history bank account information employment history wage history and bankruptcy information. Medical Information such as a physician s diagnosis and injury information. Other Information such as motor vehicle reports courthouse records policeffire reports and reports from government agencies i.e. Department of Transportation Environmental Protection Agency. How We Use Your Information We use the information about you to conduct normal business activities as requested by you our customer. Normal business includes servicing or processing an insurance product or service requested by you Underwriting of your insurance coverage and processing claims on your coverage are normal business activities in which we engage. How We Disclose Your Information We may disclose information necessary to conduct normal business activity or activities required by law or regulation. Information may be disclosed to others to enable them to provide a business service to us. Examples of this situation would be outside medical payment review independent adjusters servicing claims and data gathering organizations needing information for establishing rates. Information may also be sent to regulatory agencies state insurance departments or law enforcement agencies for the prevention of fraud. We may make other disclosures of information as permitted or required by law within the scope of normal business activities. We do not make disclosures of information for the purpose of cross selling or marketing nonaffiliated third parties products or services. For example we do not and will not sell your name to a mail order catalog company or other marketing ventures. How We Protect and Secure Information Access to your non public personal information is restricted to those who need to know your information to provide products or services to you. Our employees are required to protect and maintain the confidentiality of your information. Employees must follow and comply with established policies and procedures regarding customer privacy. We maintain physical electronic and procedural safeguards to secure your nonpublic personal information Former Customers The above privacy statement remains in force when a customer relationship no longer exists with you. BITCO Insurance Companies will always keep your nonpublic personal information confidential Questions If you have any questions regarding this privacy statement please contact our privacy coordinator at 1 800 475 4477 BITCO General Insurance Corporation BITCO National Insurance Company GU3076 0416 | 2 |
ADVISORY NOTICE TO POLICYHOLDERS U.S. TREASURY DEPARTMENT S OFFICE OF FOREIGN ASSETS CONTROL OFAC NO COVERAGE IS PROVIDED BY THIS POLICYHOLDER NOTICE NOR CAN IT BE CONSTRUED TO REPLACE ANY PROVISIONS OF YOUR POLICY. YOU SHOULD READ YOUR POLICY AND REVIEW YOUR DECLARATIONS PAGE FOR COMPLETE INFORMATION ON THE COVERAGES YOU ARE PROVIDED. THIS NOTICE PROVIDES INFORMATION CONCERNING POSSIBLE IMPACT ON YOUR INSURANCE COVERAGE DUE TO DIRECTIVES ISSUED BY OFAC. PLEASE READ THIS NOTICE CAREFULLY. The Office of Foreign Assets Control OFAC administers and enforces sanctions policy based on Presidential declarations of national emergency. OFAC has identified and listed numerous Foreign agents Front organizations Terrorists Terrorist organizations and Narcotics traffickers As Specially Designated Nationals and Blocked Persons. This list can be located on the United States Treasury s web site httpwww.treas.govofac. In accordance with OFAC regulations if it is determined that you or any other insured or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person as identified by OFAC this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract no payments or premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. Copyright Insurance Services Office Inc. 2003 GU4320 0504 Page 1 of 1 | 2 |
BITCO INSURANCE COMPANIES Issuing and Policyholder Servicing Office 3700 Market Square Circle Davenport IA 52807 POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE You are hereby notified that under the Terrorism Risk Insurance Act as amended you have a right to purchase insurance coverage for losses resulting from acts of terrorism as aetinea in Section 1021 of the Act The term act of terrorism means any act that is certified by the Secretary of the Treasury in consultation with the Secretary of Homeland Security and the Attorney General of the United States to be an act of terrorism to be a violent act or an act that is dangerous to human life property or infrastructure to have resulted in damage within the United States or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion YOU SHOULD KNOW THAT WHERE COVERAGE IS PROVIDED BY THIS POLICY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM SUCH LOSSES MAY BE PARTIALLY REIMBURSED BY THE UNITED STATES GOVERNMENT UNDER A FORMULA ESTABLISHED BY FEDERAL LAW. HOWEVER YOUR POLICY MAY CONTAIN OTHER EXCLUSIONS WHICH MIGHT AFFECT YOUR COVERAGE SUCH AS AN EXCLUSION FOR NUCLEAR EVENTS. UNDER THE FORMULA THE UNITED STATES GOVERNMENT GENERALLY REIMBURSES 80 OF COVERED TERRORISM LOSSES EXCEEDING THE STATUTORILY ESTABLISHED DEDUCTIBLE PAID BY THE INSURANCE COMPANY PROVIDING THE COVERAGE. THE PREMIUM CHARGED FOR THIS COVERAGE IS PROVIDED BELOW AND DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS THAT MAY BE COVERED BY THE FEDERAL GOVERNMENT UNDER THE ACT. YOU SHOULD ALSO KNOW THAT THE TERRORISM RISK INSURANCE ACT AS AMENDED CONTAINS A 100 BILLION CAP THAT LIMITS U.S. GOVERNMENT REIMBURSEMENT AS WELL AS INSURERS LIABILITY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM WHEN THE AMOUNT OF SUCH LOSSES IN ANY ONE CALENDAR YEAR EXCEEDS 100 BILLION. IF THE AGGREGATE INSURED LOSSES FOR ALL INSURERS EXCEED 100 BILLION YOUR COVERAGE MAY BE REDUCED Acceptance or Reijection of Terrorism Insurance Coveraae FAILURE TO RETURN THIS SIGNED FORM PRIOR TO POLICY INCEPTION INDICATING AN ELECTION TO PURCHASE TERRORISM COVERAGE AS DEFINED BY THE ACT WILL BE DEEMED YOUR REJECTION OF TERRORISM COVERAGE. HOWEVER PAYMENT OF THE TERRORISM PREMIUM PRIOR TO POLICY INCEPTION WILL BE DEEMED AN ACCEPTANCE OF THIS OFFER OF TERRORISM COVERAGE. Please indicate vour section by an X hereby elect to purchase terrorism coverage for a prospective premium of 83. N hereby decline to purchase terrorism coverage for certified acts of terrorism. understand that will have no coverage for losses resulting from certified acts of terrorism. TRUE LINE CORING CUTTING OF TAMPA INC CuP 2 818 316 Name of Insured Policy Number BITCO GENERAL INSURANCE CORP. 110120 Name of Insurer Effective Date Policyholder Applicant s Signature Date Print Name BITCO INSURANCE COMPANIES BITCO General Insurance Corporation BITCO National Insurance Company GU4871 0920 | 2 |
COMMERCIAL UMBRELLA POLICY DECLARATIONS BITCO GENERAL INSURANCE CORPORATION A CAPITAL STOCK INSURANCE COMPANY 3700 MARKET SQUARE CIRCLE DAVENPORT IOWA 52807 poLicy No. CUP 2 818 316 B Renewal of No. CUP 2 818 213 B NAMED INSURED AND MAILING ADDRESS TRUE LINE CORING CUTTING OF TAMPA INC 5005 NORTH GRADY LLC 120 W. 72ND STREET SUITE 200 KANSAS CITY MO 64114 POLICY PERIOD From 110120 to 110121 1201 A.M. Standard Time at your mailing address shown above. FORM OF BUSINESS Individual Partnership Limited Liability Company Joint Venture X Organization Other than Partnership Limited Liability Company or Joint Venture Business Description General Contractor IN RETURN FOR THE PAYMENT OF THE PREMIUM AND SUBJECT TO ALL THE TERMS OF THIS POLICY WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. LIMIT OF INSURANCE Policy Aggregate Limit 1000000. Self Insured Retention 10000. Each Occurrence or Offense not Covered by Underlying Insurance SCHEDULE OF UNDERLYING INSURANCE TYPE OF INSURANCE AUTOMOBILE LIABILITY GENERAL LIABILITY EMPLOYERS LIABILITY Company BITCO General BITCO General BITCO General Policy No. CAP 3 699 214 B CLP 3 699 213 B WC 699 215 Policy From 110120 From 110120 From 110120 Period To 110121 To 110121 To 110121 Each Accident General Aggregate Bodily Injury Each Accident 1000000. 2000000. 1000000. Limits Products Comp. Oper. Aggregate Bodily Injury By Disease Pol. Limit of 2000000. 1000000. Liability Personal and Advertising Injury Bodily Injury By Disease Each Emp. 1000000. 1000000. Each Occurrence 1000000. THE TOTAL ADVANCE PREMIUMIS 20.701. Includes 83. in Terrorism X Premium is a Flat Premium Charge. Premium Adjustable At Rate of per of or of liability premium for underlying policies X Subject to Minimum Premium of 20701. ENDORSEMENTS ATTACHED TO THIS POLICY See Schedule of Forms and Endorsements Countersigned By Date Authorized Representative 110121 1201 A.M. Standard Time at your mailing address 6979 Insured Copy CUP D 00 01 0416 | 2 |
SCHEDULE OF FORMS AND ENDORSEMENTS NAMED INSURED TRUE LINE CORING CUTTING OF POLICY NUMBER CUP 2 818 316 GU3076 04 16 GU4320 05 04 GU4871 09 20 Cul P 00 01D 04 16 GOX2279 12 92 Cul Cul Cul Cul Cul Cul Cul Cul Cul Cul Cul Cul Cul Cul Cul Cul Cul P 00 05 P00 13 P 00 37 P 00 40 P 00 64 P 00 69 P00 91 P 00 95 P 00 98 P 01 07 P01 54 P 03 04 P 0311 P 0312 P 0313 P03 20 P24 73 12 13 10 00 IL 09 85 01 15 EXC DISCL CYHOLDERS U.S. EASURY DEPTS OFFICE E NOTICE OF TERRORISM INSURANCE COVERAGE BILITY POLICY COVERAGE FORM EMENT ERRORS AND OMISSIONS Y EXCESS COVERAGE ARCHITECTS OR SURVEYORS PROFESSIONAL LIABILITY ED ACTS OF TERRORISM NSURED MOTORIST COVERAGE FLORIDA VE DAMAGES RELATED TO A CERTIFIED ACT OF TERRORISM IATED OPERATIONS COVERED BY A CONSOLIDATED OF RIGHTS OF RECOVERY AGAINST OTHERS TO US LATION AND FINISH SYSTEMS RORISM RISK INSURANCE ACT U4320 05 04 ADVISORY NOTICE TO POLICYHOLDERS U.S. TREASURY DEPTS OFFICE OF FOREIGN ASSETS CONTROL OFAC U4871 09 20 OLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE UP 00 01D 04 16 COMMERCIAL UMBRELLA POLICY DECLARATIONS 0X2279 12 92 SCHEDULE OF FORMS AND ENDORSEMENTS UP 00 05 01 19 COMMERCIAL UMBRELLA LIABILITY POLICY COVERAGE FORM UP 00 13 02 99 EXCLUSION CONSTRUCTION MANAGEMENT ERRORS AND OMISSIONS UP 00 37 03 97 IAMED DRIVER EXCLUSIO UP 00 40 03 97 EMPLOYEE BENEFITS LIABILITY EXCESS COVERAGE UP 00 64 01 11 EXCLUSION ENGINEERS ARCHITECTS OR SURVEYORS PROFESSIONAL LIABILIT UP 00 69 02 99 CONTRACTORS LIMITATION ENDORSEMEN UP 00 91 03 02 EXCLUSION FUNGUS OR BACTERIA UP 00 95 01 15 CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM UP 00 98 02 04 SILICA EXCLUSIO UP 01 07 03 97 FLORIDA CHANGES UP 01 54 03 97 APPLICATION FOR EXCESS UNINSURED MOTORIST COVERAGE FLORIDA UP 03 04 01 15 EXCLUSION OF PUNITIVE DAMAGES RELATED TO A CERTIFIED ACT OF TERRORISH UP 03 11 09 05 EXCLUSION OF TERRORIS UP 03 12 01 07 BLANKET EXCLUSION DESIGNATED OPERATIONS COVERED BY A CONSOLIDATED NSURANCE PROGRAM UP 03 13 01 07 BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US UP 03 20 12 13 EXCLUSION E NSULATION AND FINISH SYSTEMS UP 24 73 10 00 EXCLUSION L L 09 85 01 15 DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT REASURY DEPTS OFFICE SM INSURANCE COVERAGE RAGE FORM S AND OMISSIONS OR BACTERIA CERTIFIED ACTS OF TERRORISM GOX2279 1292 | 2 |
BITCO GENERAL INSURANCE CORPORATION COMMERCIAL UMBRELLA LIABILITY POLICY PLEASE READ THIS POLICY CAREFULLY TO DETERMINE RIGHTS DUTIES COVERAGE AND COVERAGE RESTRICTIONS. The words you and your in this policy refer to the Named Insured in the Declarations. The words we us and our refer to the company providing this insurance. The word insured refers to any person or organization qualifying as such under SECTION Il WHO IS INSURED. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION VI DEFINITIONS. SECTION COVERAGES In consideration of the payment of premium and subject to the Limit of Insurance shown in the Declarations page and all the exclusions terms and conditions of this policy we agree with you as follows COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. INSURING AGREEMENT a. We will pay on behalf of the insured the ultimate net loss in excess of the retained limit because of bodily injury or property damage caused by an occurrence which takes place during the policy period and in the coverage territory. No other obligation or liability to pay or perform acts or services is covered unless explicitly provided for under SECTION Il DEFENSE AND SUPPLEMENTARY PAYMENTS COVERAGES A and B This insurance applies to bodily injury and property damage only if prior to the policy period no insured listed under Paragraph 1. of SECTION Il WHO IS AN INSURED and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph 1. of SECTION IIl 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. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of SECTION Il WHO IS AN INSURED or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer or 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or CUP 000501 19 Page 1 0f 26 Page 1 of 26 | 0 |
BITCO GENERAL INSURANCE CORPORATION 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. 2. EXCLUSIONS This insurance does not apply to a. Bodily injury or property damage either expected or intended from the standpoint of any insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. Bodily injury or property damage arising out of or alleged to have arisen out of the manufacture production use installation removal encapsulation enclosing or disposal of asbestos or any materials containing asbestos. Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and b Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged Liability imposed on the insured or an underlying insurer under any of the following 1 Any uninsured motorists underinsured motorists first party bodily injury or property damage or any automobile no fault law or any similar law 2 Any workers compensation disability benefits or unemployment compensation law or any similar law 3 The Employee Retirement Income Security Act of 1974 as now or hereafter amended or 4 Arising out of the administration of any employee benefit plan. Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft owned operated by rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion does not apply to the extent that you are obligated to pay by reason of the assumption of liability in an insured contract. Aircraft includes any unmanned aircraft. This paragraph applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft or unmanned aircraft that is owned or operated by or rented or loaned to any insured. CUP 000501 19 Page 2 of 26 Page 2 of 26 | 1 |
BITCO GENERAL INSURANCE CORPORATION Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any watercraft owned operated by rented or loaned to any insured. Use includes operation and loading and unloading. This exclusion does not apply if insurance for such bodily injury or property damage is provided by underlying insurance however coverage for such bodily injury or property damage is subject to the same exclusions and limitations as are applicable in the underlying insurance. Exclusion f. applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any watercraft that is owned or operated by or rented or loaned to any insured. Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. 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. Property damage to 1 Property a You own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property or b Owned or transported by the insured and arising out of the ownership maintenance or use of a covered auto 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you 4 Personal property in the care custody or control of the insured CUP 000501 19 Page 3 of 26 | 1 |
BITCO GENERAL INSURANCE CORPORATION 5 That particular part of real property on which you or any contractor or subcontractor working directly or indirectly on your behalf is performing operations if the property damage arises out of those operations 6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it 7 Aircraft or watercraft rented loaned or chartered to used by or in the care custody or control of any insured 8 Your product arising out of it or any part of it 9 Your work arising out of it or any part of it and included in the Products Completed Operations Hazard. This does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor 10 Impaired property or property that has not been physically injured arising out of a A defect deficiency inadequate 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. Paragraph 2 of exclusion i. does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraph 1b 3 4 5 and 6 of exclusion i. do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of exclusion i. does not apply to property damage included in the Products Completed Operations Hazard. Paragraph 10 of exclusion i. 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. Bodily injury to 1 An employee executive officer or director of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. executive officer or director This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract CUP 000501 19 Page 4 of 26 | 1 |
BITCO GENERAL INSURANCE CORPORATION With respect to injury arising out of a covered auto this exclusion does not apply to bodily injury to domestic employees not entitled to workers compensation benefits. For the purposes of this insurance a domestic employee is a person engaged in household or domestic work performed principally in connection with a residence premises This exclusion does not apply to the extent that valid underlying insurance for the employer s liability risks described above exists or would have existed but for the exhaustion of underlying limits for bodily injury. Coverage provided will follow the provisions exclusions and limitations of the underlying insurance unless otherwise directed by this insurance. 1 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 i any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or i the insured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization 2 To bodily injury or property damage resulting from hazardous properties of nuclear material if a The nuclear material i is at any nuclear facility owned by operated by or on behalf of an insured or i has been discharged or dispersed therefrom. b The nuclear material is contained in spent fuel or waste at any time possessed handled used processed stored transported or disposed of by or on behalf of an insured or c The 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. As used in this policy 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. CUP 000501 19 Page 5 of 26 | 1 |
BITCO GENERAL INSURANCE CORPORATION 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 c Any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 d Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. 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. Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment Bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transaction Act FACTA or 4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. CUP 000501 19 Page 6 of 26 | 1 |
BITCO GENERAL INSURANCE CORPORATION n. Bodily injury to 1 Aperson arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at that person 2 The spouse child parent brother or sister of any person included in paragraph 1. above as a consequence of bodily injury to that person at whom any of the employment related practices described in paragraphs 1 a b or c above is directed. This exclusion applies whether the injury causing event described in Paragraph 1 a b or c above occurs before employment during employment or after employment of that person. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. Bodily injury or property damage arising out of or alleged to have arisen out of the ownership maintenance use entrustment to others sponsorship or affiliation with any racing vehicle. As used in this exclusion the term racing vehicle means any self propelled vehicle which is designed for or used at any time in racing activities whether against other similar vehicles in formal or informal competitions or in demonstration activities whether on public roads or highways or off public roads or highways. Racing vehicle includes but is not limited to any dragster funny car hot rod Indy car stock car midget car or any similar self propelled vehicle. Bodily injury or property damage arising out of the rendering of or failure to render any professional services by you or on your behalf but only with respect to either or both of the following operations 1 Providing engineering architectural or surveying services to others in your capacity as an engineer architect or surveyor and 2 Providing or hiring independent professionals to provide engineering architectural or surveying services in connection with construction work you perform. Professional services include 1 Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications and 2 Supervisory or inspection activities performed as part of any related architectural or engineering activities. Professional services do not include services within construction means methods techniques sequences and procedures employed by you in connection with your operations in your capacity as a construction contractor. CUP 000501 19 Page 7 of 26 | 1 |
BITCO GENERAL INSURANCE CORPORATION Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time or Any loss cost or expense arising out of any a 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 pollutants or b Claim or Suit 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. Pollutants means any solid liquid gaseous or thermal irritant or contaminants including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY 1. INSURING AGREEMENT a. We will pay on behalf of the insured the ultimate net loss in excess of the retained limit because of personal and advertising injury to which this insurance applies. No other obligation or liability to pay or to perform acts or services is covered unless explicitly provided for under SECTION Il DEFENSE AND SUPPLEMENTARY PAYMENTS COVERAGE A AND B. This insurance applies to personal and advertising injury only if caused by an offense 1 Committed in the coverage territory during the policy period and 2 Arising out of your business 2. EXCLUSIONS This insurance does not apply to a. Personal and advertising injury 1 Caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. 2 Arising out of oral or written publication of material if done by or at the direction of the insured with knowledge of its falsity. 3 Arising out of oral or written publication of material whose first publication took place before the beginning of the policy period. 4 Arising out of a criminal act committed by or at the direction of any insured. 5 For which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. 6 Arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement 7 Arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement CUP 000501 19 Page 8 of 26 Page 8 of 26 | 1 |
BITCO GENERAL INSURANCE CORPORATION 10 13 Arising out of the wrong description of the price of goods products or services stated in your advertisement. Committed by an insured whose business is a Advertising broadcasting publishing or telecasting b Designing or determining content of websites for others or c Aninternet search access content or service provider. However this exclusion does not apply to Paragraphs 16.a. b.. and f. of personal and advertising injury under the Definitions Section For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. Arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. Under this exclusion such other intellectual property rights do not include the use of another s advertising idea in your advertisement However this exclusion does not apply to infringement in your advertisement of copyright trade dress or slogan. Arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control 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. a To a person arising out of any i Refusal to employ that person i Termination of that person s employment or i Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at that person. b To the spouse child parent brother or sister of any person included in paragraph a above as a consequence of personal and advertising injury to that person at whom any of the employment related practices described in paragraphs a i i or iii above is directed. This exclusion applies whether the injury causing event described in Paragraph a i ii or iiiy 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 CUP 000501 19 Page 9 of 26 | 1 |
BITCO GENERAL INSURANCE CORPORATION 14 17 Arising directly or indirectly out of any action or omission that violates or is alleged to violate a The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law b The CAN SPAM Act of 2003 including any amendment of or addition to such law c The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transaction 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. However caused arising directly or indirectly out of a b c War including undeclared or civil war Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Arising out of the rendering of or failure to render any professional services by you or on your behalf but only with respect to either or both of the following operations a b Providing engineering architectural or surveying services to others in your capacity as an engineer architect or surveyor and Providing or hiring independent professionals to provide engineering architectural or surveying services in connection with construction work you perform. Professional services include a b Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications and Supervisory or inspection activities performed as part of any related architectural or engineering activities. Professional services do not include services within construction means methods techniques sequences and procedures employed by you in connection with your operations in your capacity as a construction contractor. Arising out of or alleged to have arisen out of the manufacture production use installation removal encapsulation enclosing or disposal of asbestos or any materials containing asbestos. CUP 000501 19 Page 10 of 26 | 1 |
BITCO GENERAL INSURANCE CORPORATION 18 19 Arising out of the ownership maintenance use or entrustment to others of any aircraft that is an unmanned aircraft. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the offense which caused the personal and advertising injury involved the ownership maintenance use or entrustment to others of any aircraft that is an unmanned aircraft. Arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants any time or Any loss cost or expense arising out of any a 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 pollutants or Claim or Suit on behalf of a government authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. Pollutants means any solid liquid gaseous or thermal irritant or contaminants including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. SECTION Il DEFENSE AND SUPPLEMENTARY PAYMENTS COVERAGES A AND B We have the right to defend any claim or suit against the insured seeking damages to which this insurance applies but 1. The amount we will pay for ultimate net loss is limited as described in SECTION IV LIMIT OF INSURANCE 2. At our discretion we may investigate any occurrence or offense and settle any claim or suit that may result 3. We will have no duty to defend any claim or suit that any other insurer has a duty to defend. If no other insurer defends we may undertake to do so but we will be entitled to the insureds rights against all other insurers 4. We have a duty to defend any claims or suits which are covered by this policy but not covered by any underlying insurance. We also have the duty to defend such claims or suits if the applicable limit of underlying insurance is used up but both our right and duty to defend any existing or future suits end when we have used up the applicable limit of insurance in the payment of judgments or settlements. When we have the duty to defend we will pay for a. All expenses we incur. b. Up to 250 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which this policy applies. We do not have to furnish these bonds. c. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. CUP 000501 19 Page 11 of 26 | 1 |
BITCO GENERAL INSURANCE CORPORATION All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 250 a day because of time off from work. All costs taxed against the insured in any suit we defend. Prejudgment interest awarded against the insured on that part of any judgment covered under this policy. If we offer the applicable limit of insurance in settlement of a claim or suit we will not pay for any prejudgment interest imposed or earned after the date of such offer. All interest earned on that part of any judgment within the limit of insurance after entry of judgment and before we have paid offered to pay or deposited in court that part of any judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract This insurance applies to such liability assumed by the insured The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract The allegations in the suit and the information we know about the occurrence or offense are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit b Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit c Notify any other insurer whose coverage is available to the indemnitee and d Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. CUP 000501 19 Page 12 of 26 | 1 |
BITCO GENERAL INSURANCE CORPORATION So long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of paragraph 2.c.2 of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY SECTION COVERAGES such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our Obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when a. We have used up the applicable limit of insurance in the payment of judgments or settiements or b. The conditions set forth above or the terms of the agreement described in paragraph f. above are no longer met. SECTION Iil WHO IS INSURED If you are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees Each of the following is also an insured a. Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and advertising injury a Toyou to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company or to a coemployee while that co employee is either 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 unless such employee or volunteer worker is insured under any policy of underlying insurance. The coverage afforded such insureds under this policy will be no broader than the underlying insurance except for the policy s limit of insurance CUP 000501 19 Page 13 of 26 | 1 |
BITCO GENERAL INSURANCE CORPORATION b To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of 1a above c For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraphs 1a or b above or d Arising out of his or her providing or failing to provide professional health care services. 2 Property damage to property a Owned occupied or used by or b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by or loaned to 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 volunteer worker 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 their duties as such. That representative will have all your rights and duties under this policy. 3. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However a Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier b Coverage is applicable only in excess of the limits of underlying insurance as shown in the Declarations Page and you must add such organization to your underlying insurance as soon as practicable advising us of such additions. We may then make adjustment of premium charges as called for in Condition 9. Maintenance of Underlying Insurance c Coverage does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and d Coverage does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. 4. Any person or organization not described in Paragraphs 2.a. 2.b. 2.c. 2.d. or 3 above which qualifies as an insured in any underlying insurance. However that person or organization is an insured only for damages a Which are covered by this insurance and b Which are covered by the underlying insurance or would be covered had its applicable limit of insurance not been used up. CUP 000501 19 Page 14 of 26 Page 14 of 26 | 1 |
BITCO GENERAL INSURANCE CORPORATION 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 IV LIMIT OF INSURANCE The limit 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 policy aggregate limit is the most we will pay for a. All ultimate net loss under Coverage A and Coverage B except ultimate net loss because of injury or damage arising from the automobile hazard. However the policy aggregate will apply separately to 1 Each underlying insurance policy which has an aggregate limit or a policy limit and 2 The general aggregate and the products completed operations aggregate in your underlying general liability insurance policy. b. Each occurrence with regard to ultimate net loss because of injury or damage arising from the automobile hazard. If the limit of insurance is paid prior to this policy s termination date for losses other than losses arising from the automobile hazard this policy s premium is fully earned The limit of insurance applies separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the limit of insurance. SECTION V CONDITIONS APPEALS In the event the insured or any underlying insurer elects not to appeal a judgment in excess of the retained limit we may elect to do so. We shall be liable in addition to the limit of insurance for all costs taxes expenses incurred and interest on judgments incidental to such an appeal and for all such costs expenses and interest on appeals in connection with our right and duty to defend the insured under SECTION Il DEFENSE AND SUPPLEMENTARY PAYMENTS. CUP 000501 19 Page 15 of 26 | 1 |
BITCO GENERAL INSURANCE CORPORATION BANKRUPTCY Bankruptcy insolvency or receivership of the insured the insured s estate or of any underlying insurer will not relieve us of our obligations under this policy but with regard to bankruptcy insolvency or receivership of any underlying insurer this policy shall not apply as a replacement of such bankrupt or insolvent insurer and our limits of insurance will apply only in excess of the required limits of insurance in the schedule of underlying insurance made a part of the declarations of this policy. CANCELLATION a. The first Named Insured shown in the Declarations may cancel this policy by delivering it to us or any of our authorized agents or by sending us written notice stating when the future cancellation will take effect. Cancellation will become effective the date of delivery of the policy to us or the date requested by the first Named Insured. b. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least 1 Ten 10 days before the effective date of cancellation if we cancel because of a Nonpayment of premium whether payable directly to us or payable to our agents or others under any installment payment plan premium finance plan extension of credit or other payment plan b Any bankruptcy or debtor relief proceeding brought by or against you or 2 Thirty 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 address 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 any refund of unearned premium. f. If notice is mailed proof of mailing will be sufficient proof of notice CHANGES This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy. We shall not be bound by any assignment of interest by an insured unless our consent to such assignment is endorsed onto this policy. DUTIES IN THE EVENT OF OCCURRENCE. OFFENSE. CLAIM OR SUIT a. You must see to it that we or our authorized representative are notified as soon as practicable of an occurrence which may result in a claim under Coverage A or an offense which may result in a claim under Coverage B of this policy. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons or witnesses and CUP 000501 19 Page 16 of 26 | 1 |
BITCO GENERAL INSURANCE CORPORATION 3 The nature and location of any injury or damage arising out of the occurrence or offense. Notice of an occurrence or an offense is not notice of a claim. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. EXAMINATION OF YOUR BOOKS AND RECORDS We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. INSPECTIONS AND SURVEYS We have the right but are not obligated to a. Make inspections and surveys at any time b. Give you reports on the conditions we find and c. Recommend changes. Any inspections surveys reports or recommendations relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions a. Are safe or healthful or b. 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 on our behalf. CUP 000501 19 Page 17 of 26 | 1 |
BITCO GENERAL INSURANCE CORPORATION 10. 1. LEGAL ACTION AGAINST US No person or organization has a right under this policy a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us under this policy unless all of its terms have been fully complied with A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured obtained after an actual trial but we will not be liable for damages that are not payable under the terms of this policy or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. MAINTENANCE OF UNDERLYING INSURANCE You must keep the underlying insurance described in the Schedule of Underlying Insurance on the Declarations Page of this policy or renewal or replacement policies not more restrictive in their terms and conditions in full force and effect during the policy period of this policy. The limits of insurance must be maintained without reduction other than by payment of losses. You must also inform us within 30 days of any cancellation of any policy of underlying insurance or replacement of any policy of underlying insurance by the underlying insurer or any other insurer. Your failure to comply with the foregoing shall not invalidate this policy but in the event of such failure we shall be liable under this policy only to the extent that we would have been liable had you complied with these obligations. You must notify us immediately of any changes in the terms of any underlying insurance policies. We may make adjustment of premium charges under this policy from the effective date of such changes to the terms of any underlying insurance policies. OTHER INSURANCE This insurance is excess over any other valid and collectible insurance whether primary excess contingent or on any other basis except other insurance written specifically to be excess over this insurance. The other insurance will be deemed valid and collectible regardiess of any defense asserted by any other insurer because of the insured s failure to comply with the terms of that other insurance. We will pay only our share of any amount of ultimate net loss if any 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 and 2 The total of all deductible and self insured amounts under this or any other insurance. PREMIUM AUDIT a. We will compute all premiums for this policy in accordance with our rules and rates. b. Premium shown in this policy as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period. Audit premiums are due and payable on notice to the first Named Insured. If the sum of the advance and audit premiums paid for the policy term is greater than the earned premium we will return the excess to the first Named Insured but not if such audit premium is less than the minimum premium shown in the Declarations CUP 000501 19 Page 18 of 26 | 1 |
BITCO GENERAL INSURANCE CORPORATION 12 13. 14. 15. 16. c. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. PREMIUMS The first Named Insured shown in the Declarations a. Is responsible for the payment of all premiums and b. Will be the payee for any return premiums we pay. REPRESENTATIONS By accepting this policy you agree a. The information shown on the Declarations Page is accurate and complete b. The information is based upon representations you made to us in your applications for this policy and c. We have issued this policy in reliance upon your representation. 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 SOLE AGENT The Named Insured first shown on the Declarations Page is authorized to act on behalf of all insureds with respect to giving or receiving notice of cancellation receiving refunds and agreeing to any changes in this policy. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US If the insured has rights to recover all or part of any payment we have made under this policy those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. Any recoveries shall be applied first to reimburse any interests including the insured s that may have paid any amounts in excess of our liability under this policy then to reimburse us for any payment hereunder and lastly to reimburse such interests including the insured s as to which this policy is excess as are entitled to the remainder if any. When we assist in pursuit of the insured s rights of recovery reasonable expenses resulting therefrom shall be apportioned among all interests in the ratio of their respective losses for which recovery is sought. If there should be no recovery as a result of proceedings instituted solely at our request we shall bear all expenses of such proceedings. CUP 000501 19 Page 19 of 26 | 1 |
BITCO GENERAL INSURANCE CORPORATION 17. 18. 19. 20. TRANSFER OF YOUR RIGHTS AND DUTIES UNDER THIS POLICY Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual Named Insured If you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. TITLES OF PARAGRAPHS The titles of the various paragraphs of this policy and endorsements if any attached to this policy are inserted solely for convenience or reference and are not to be deemed in any way to affect the provisions to which they refer. 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 nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. WHEN LOSS PAYABLE Our liability for ultimate net loss shall not apply until the insured or any underlying insurer shall be obligated to pay the retained limit. When ultimate net loss has been determined the insured may make claim for payment under this policy as soon as practicable thereafter. Such insured s obligation to pay any amount of ultimate net loss shall have been finally determined either by judgment against the insured after actual trial or by written agreement of the insured the claimant and us. SECTION VI DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the internet or on similar electronic means of communication and b. Regarding websites only that part of a website that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. 2 Auto means a. A land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However auto does not include mobile equipment. 3. Automobile hazard means liability arising out of the ownership use loading or unloading of any auto. CUP 000501 19 Page 20 of 26 | 1 |
BITCO GENERAL INSURANCE CORPORATION Bodily injury means bodily injury sickness or disease to a person and if arising out of the foregoing shock humiliation disability mental anguish or mental injury including care loss of services or death resulting from any of these. Claim means any demand upon the insured including the service of suit papers or arbitration proceedings against the insured for damages or services alleging liability of the insured as the result of n occurrence or offense which may or may not be covered by this policy. Claim does not include reports of accidents or occurrences or any acts errors offenses or omissions which may give rise to aclaim. Coverage territory means anywhere in the world if the insured s responsibility to pay damages is determined in a suit on the merits in the United States of America including its territories and possessions Puerto Rico and Canada or in a settlement we agree to. Employee includes a leased worker. Employee does not include a temporary worker. Executive officer means a person holding any of the officer positions created by your charter constitution by laws or any other similar governing document. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by a. The repair replacement adjustment or removal of your product or your work or b. Your fulfilling the terms of the contract or agreement. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement c. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad. d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement f. That part of any 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. CUP 000501 19 Page 21 of 26 | 1 |
BITCO GENERAL INSURANCE CORPORATION Paragraph f. does not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing 2 Thatindemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders 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 2 above and supervisory inspection architectural or engineering activities Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto While it is in or on an aircraft watercraft or auto or While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads 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 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers Vehicles not described in 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 CUP 000501 19 Page 22 of 26 | 1 |
BITCO GENERAL INSURANCE CORPORATION 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 a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. Occurrence means a. With respect to bodily injury or property damage an accident including continuous or repeated exposure to substantially the same general harmful conditions or b. With respect to employees of the Named Insured bodily injury caused by accident or disease. Offense means any of the offenses included in the definition of personal and advertising injury. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a False arrest detention or imprisonment b Malicious prosecution c The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies 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 organization s goods products or services e Oral or written publication of material that violates a person s right of privacy or CUP 000501 19 Page 23 of 26 | 1 |
BITCO GENERAL INSURANCE CORPORATION 17 18 f Discrimination because of race religion age sex or physical disability except 1 Discrimination suffered or allegedly suffered by employees former employees or applicants for employment of an insured 2 Discrimination committed by or at the direction of the insured or 3 If insurance for discrimination is prohibited by law. g Misappropriation of advertising ideas or style of doing business in your advertisements or h Infringement of copyright title or slogan in your advertisements. Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. b. However your work will be deemed completed at the earliest of the following times 1 When all of the work called for in your contract has been completed 2 When all of the work to be done at the site has been completed if your contract calls for work at more than one site. 3 When that particular 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. c. The 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. 2 The existence of tools uninstalled equipment or abandoned or unused material. Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment CUP 000501 19 Page 24 of 26 Page 24 of 26 | 1 |
BITCO GENERAL INSURANCE CORPORATION 20 21. 22 23 24 25 26 Retained limit means the greater of a. That amount of underlying insurance applicable to any claim or suit whether such underlying insurance is collectable or not or b. The amount of self insured retention as shown in the Declarations of this policy. Self insured retention means the dollar amount specified in the Declarations. Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Ultimate net loss means the total amount of damages for which the insured is legally liable in payment of bodily injury property damage or personal and advertising injury. Ultimate net loss may be established by adjudication arbitration or a compromise settlement to which we have previously agreed in writing. Ultimate net loss shall be reduced by any recoveries or salvages which have been paid or will be collected but the amount of ultimate net loss shall not include any expenses incurred by any insured by us or by any underlying insurer. Underlying insurance means the coverages afforded under insurance policies designated in the schedule of underlying insurance on the Declarations Page of this policy. Underlying insurance also includes any policies issued to renew or replace these policies during the policy period of this insurance but only if such other insurance provides a. At least the same limits of liability insurance and b. At least the same liability coverages as are provided in the renewed or replaced policies. If the limit of a coverage available under a policy designated in the schedule of underlying insurance on the Declarations Page of this policy is less than the limit shown in such schedule then such coverage is not included in the definition of underlying insurance. The policies and limits stated in the Declarations for underlying insurance and any renewals or replacements thereof apply whether or not such is collectible. Underlying insurer means any company issuing any policy of underlying insurance. Unmanned aircraft means an aircraft that is not a. Designed b. Manufactured or Modified after manufacture to be controlled directly by a person from within or on the aircraft. CUP 000501 19 Page 25 of 26 | 1 |
BITCO GENERAL INSURANCE CORPORATION 27. 28 29 Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you Your product means a. Any goods or products other than real property manufactured sold handled distributed or disposed of by 1 You 2 Others trading under your name or 3 A person or organization whose business or assets you have acquired and b. Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. 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 the use of others but not sold. 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 representation s made at any time with respect to the fitness quality durability performance or use of your work and b. The providing of or failure to provide warnings or instructions. CUP 000501 19 Page 26 of 26 | 1 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION CONSTRUCTION MANAGEMENT ERRORS AND OMISSIONS The following exclusion is added to COVERAGES A and B Section I This insurance does not apply to bodily injury property damage personal and advertising injury arising out of 1. The preparing approving or failure to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings or specifications by any architect engineer or surveyor performing services on a project on which you serve as construction manager or 2. Inspection supervision quality control architectural or engineering activities done by or for you on a project on which you serve as construction manager. This exclusion does not apply to bodily injury or property damage due to construction or demolition work done by you your employees or your subcontractors. CUP 00 13 02 99 | 2 |
INSURED TRUE LINE CORING CUTTING OF TAMPA INC PoLicy CUP 2 818 316 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NAMED DRIVER EXCLUSION Voiding Insurance For Named Person While Driving Or Operating Any Auto Itis agreed that the policy does not apply to bodily injury or property damage arising out of the operation or use of any auto while it is being driven or operated by the following named person Name of Person Josh Krug CUP 0037 03 97 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYEE BENEFITS LIABILITY EXCESS COVERAGE Itis agreed that 1 We will pay on behalf of the insured the ultimate net loss in excess of the applicable limits of insurance of the Employee Benefits Liability Form listed in the schedule of underlying insurance but only to the extent insurance for administering employee benefit programs is provided by that form and subject to all its limitations other than limits of insurance Subject otherwise to Section IV LIMIT OF INSURANCE of this policy. a. The amount stated in the declarations as the aggregate limit of our liability is the most we will pay for all ultimate net loss arising out of all employee benefit programs for which insurance is provided in paragraph 1. above performed during the policy period. b. The aggregate limit of our liability applies separately to a. above and 2.a.1 2 and b. of Section IV LIMIT OF INSURANCE of this policy. CUP 00 40 03 97 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ENGINEERS ARCHITECTS OR SURVEYORS PROFESSIONAL LIABILITY This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of the rendering of or failure to render any professional services by any engineer architect or surveyor or any additional insured who is an insured under the policy or is performing work on behalf of any insured in a professional capacity Professional services include 1. The preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications and 2. Supervisory inspection architectural or engineering activities. CUP 0064 01 11 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS LIMITATION ENDORSEMENT Itis agreed that I This policy does not apply A. To any liability for bodily injury property damage personal and advertising injury arising out of any project insured under a wrap up rating plan B. To property damage to leased or rented equipment C. To property damage included within the explosion hazard the collapse hazard or the underground property damage hazard unless insurance therefore is provided by a policy of Underlying Insurance at the full limits of insurance as stated in the declarations of this policy and then only for such hazards for which coverage is afforded under said Underlying Insurance. IIl. The following additional definitions apply when used in reference to this policy Explosion hazard includes property damage arising out of blasting or explosion. The explosion hazard does not include property damage arising out of the explosion of air or steam vessels piping under pressure prime movers machinery or power transmitting equipment Collapse hazard includes structural property damage and any resulting property damage to any other property at any time. Structural property damage means the collapse of or structural injury to any building or structure due to 1 Grading of land excavating borrowing filling back filling tunneling pile driving cofferdam work or caisson work or 2 Moving shoring underpinning raising or demolition of any building or structure or removal or rebuilding of any structural support of that building or structure. Underground property damage hazard includes underground property damage and any resulting property damage to any other property at any time. Underground property damage means property damage to wires conduits pipes mains sewers tanks tunnels any similar property and any apparatus used with them beneath the surface of the ground or water caused by and occurring during the use of mechanical equipment for the purpose of grading land paving excavating drilling borrowing filling back filling or pile driving. CUP 00 69 02 99 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION FUNGUS OR BACTERIA This insurance does not apply to any 1 Bodily injury property damage or personal and advertising injury arising out of resulting from caused or contributed to directly or indirectly by a. Any fungusi or spores or bacteria or b. Any substance mycotoxin vapor gas or byproduct produced by or arising out of or released by any fungusi or spores or bacteria or 2. The loss costs or expense of testing for monitoring abatement mitigation removal containment remediation neutralization detoxification or disposal of fungusi or spores or bacteria. This exclusion also includes a. Any material product building component building or structure that contains harbors nurtures or acts as a medium for any fungusi or spores or bacteria to the extent that it results in causes or contributes to such injury or damage or b. Any supervision instructions recommendations warnings or advice given or which should have been given in connection with the above or c. Any obligation to share damages with or repay someone else who must pay damages because of such injury or damage The above applies regardless of any other cause event material product or building component that contributed concurrently or in any sequence to such injury or damage For the purpose of this endorsement the following definitions are added Fungusi includes but is not limited to any form or type of mold mushroom or mildew. Spores means any reproductive body produced by or arising out of any fungusi CUP 0091 03 02 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM A. If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insurance Act exceed 100 billion in a calendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. B. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. Includes Copyrighted Material of Insurance Services Office With Its Permission CUP 00950115 Padge 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY SILICA EXCLUSION This insurance does not apply to 1 Bodily injury property damage or personal and advertising injury which is in whole or in part actually or allegedly caused by arises out of results from relates to or is contributed to by silica in any form exposure to silica in any form the use of silica in any form or the presence of silica in any form either alone or in combination with other substances or factors irrespective of the form or condition of the silica and irrespective of whether the silica is or was included in a product or otherwise. Any damages for bodily injury property damage or personal and advertising injury or any loss cost or expense arising out of the abatement testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the presence absence amount or effects of silica irrespective of the form or condition of the silica by any insured or any other person entity or governmental authority. Any obligation to share damages with indemnify or repay any person or entity in connection with paragraphs 1 andor 2 above CUP 0098 02 04 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FLORIDA CHANGES SECTION V CONDITIONS is amended as follows Condition 3. CANCELLATION item b. is replaced by the following b. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least 1 Policies in effect for 90 days or less If this policy has been in effect for 90 days or less we may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation accompanied by the reasons for cancellation at least a 10 days before the effective date of cancellation if we cancel for nonpayment of premium or b 20 days before the effective date of cancellation if we cancel for any other reason except we may cancel immediately if there has been i A material misstatement or misrepresentation or ii A failure to comply with the underwriting requirements established by the insurer. 2 Policies in effect for more than 90 days If this policy has been in effect for more than 90 days we may cancel this policy only for one or more of the following reasons Nonpayment of premium The policy was obtained by a material misstatement Failure to comply with underwriting requirements within 90 days of the effective date of coverage A substantial change in the risk covered by the policy or The cancellation is for all insureds under such policies for a given class of insureds. If we cancel this policy for any of these reasons we will mail or deliver to the first Named Insured written notice of cancellation accompanied by the reasons for cancellation at least i 10 days before the effective date of cancellation if we cancel for nonpayment of premium or i 45 days before the effective date of cancellation if we cancel for any of the other reasons stated in paragraph 3.b.2 CUP 0107 03 97 Page 10of 2 | 2 |
Condition 19. WHEN WE DO NOT RENEW is replaced by the following 19 WHEN WE DO NOT RENEW. 1 If we decide not to renew this policy we will mail or deliver to the first Named Insured written notice of nonrenewal accompanied by the reason for nonrenewal at least 45 days prior to the expiration of this policy. 2 Any notice of nonrenewal will be mailed or delivered to the first Named Insured s last mailing address known to us. If notice is mailed proof of mailing will be sufficient proof of notice. CUP 0107 03 97 Page 2 of 2 | 2 |
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