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17 Recording And Distribution Of Material Or Information In Violation Of Law Arising directly or indirectly out of any action or omission that violates or is alleged to violate a The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law The CAN SPAM Act of 2003 including any amendment of or addition to such law The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the b c d printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. b. Pollution cost or expense. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend when the duty to defend exists a. All expenses we incur. b. Up to 2000 for cost of bail bonds including bonds for related traffic law violations required because of an occurrence we cover. We do not have to furnish these bonds. c. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 250 a day because of time off from work. e. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance.. When we have the right but not the duty to defend the insured and elect to participate in the defense we will pay our own expenses but will not contribute to the expenses of the insured or the underlying insurer.. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract b. This insurance applies to such liability assumed by the insured c. The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract d. The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and f. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit Notify any other insurer whose coverage is available to the indemnitee and b c CU 00010413 Insurance Services Office Inc. 2012 INSURED COPY Page 9 of 18 | 1 |
d Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of Section Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injuryand property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHO IS AN INSURED 1. Except for liability arising out of the ownership maintenance or use of covered autos a. If you are designated in the Declarations as 1 An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. 2 A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. 3 A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. 4 An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. 5 A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. b. Each of the following is also an insured 1 Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organizaton other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for a Bodily injury or personal and advertising injury i To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a co employee in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business ii To the spouse child parent brother or sister of that coemployee or volunteer workeras a consequence of Paragraph ai above or iii For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph ai or ii above. b Property damage to property i Owned occupied or used by ii Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. 2 Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. Page 10 of 18 Insurance Services Office Inc. 2012 INSURED COPY CU 00010413 | 1 |
3 Any person or organization having proper temporary custody of your property if you die but only a With respect to liability arising out of the maintenance or use of that property and b Until your legal representative has been appointed. 4 Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. c. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However 1 Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier Coverage Adoes not apply to bodily injury or property damage that occurred before you acquired or formed the organization and 2 3 Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. 2. Only with respect to liability arising out of the ownership maintenance or use of covered autos a. Youare an insured. b. Anyone else while using with your permission a covered auto you own hire or borrow is also an insured except 1 The owner or anyone else from whom you hire or borrow a covered auto. This exception does not apply if the covered auto is a trailer or semitrailer connected to a covered auto you own. 4 Anyone other than your employees partners if you are a partnership members if you are a limited liability company or a lessee or borrower or any of their employees while moving property to or from a covered auto. 5 A partner if you are a partnership or a member if you are a limited liability company for a covered auto owned by him or her or a member of his or her household. 6 Employees with respect to bodily injury to a Any fellow employee of the insured arising out of and in the course of the fellow employee s employment or while performing duties related to the conduct of your business or b The spouse child parent brother or sister of that fellow employee as a consequence of Paragraph a above. c. Anyone liable for the conduct of an insured described above is also an insured but only to the extent of that liability. 3. Any additional insured under any policy of underlying insurance will automatically be an insured under this insurance. Subject to Section Il Limits Of Insurance if coverage provided to the additional insured is required by a contract or agreement the most we will pay on behalf of the additional insured is the amount of insurance a. Required by the contract or agreement less any amounts payable by any underlying insurance or b. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. Additional insured coverage provided by this insurance will not be broader than coverage provided by the underlying insurance. 2 Your employee if the covered auto is owned by that employee or a member of his or her household. 3 Someone using a covered auto while he or she is working in a business of selling servicing repairing parking or storing autos unless that business is yours. 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. CU 00010413 Insurance Services Office Inc. 2012 INSURED COPY Page 11 of 18 | 1 |
SECTION IV CONDITIONS 1. Appeals If the underlying insurer or insured elects not to appeal a judgment in excess of the retained limit we may do so at our own expense. We will also pay for taxable court costs pre and postjudgment interest and disbursements associated with such appeal. In no event will this provision increase our liability beyond the applicable Limits of Insurance described in Section Il Limits Of Insurance. 2. Bankruptcy a. Bankruptcy Of Insured Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. b. Bankruptcy Of Underlying Insurer Bankruptcy or insolvency of the underlying insurer will not relieve us of our obligations under this Coverage Part. However this insurance will not replace the underlying insurance in the event of bankruptcy or insolvency of the underlying insurer. This insurance will apply as if the underlying insurance were in full effect. 3. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense regardless of the amount which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suitand 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 SECTION lll LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made suits brought or number of vehicles involved or c. Persons or organizations making claims or bringing suits.. The Aggregate Limitis the most we will pay for the sum of all ultimate net loss under a. Coverage A except ultimate net loss because of bodily injury or property damage arising out of the ownership maintenance or use of a covered auto and b. Coverage B.. Subject to Paragraph 2. above the Each Occurrence Limit is the most we will pay for the sum of all ultimate net loss under Coverage A because of all bodily injury and property damage arising out of any one occurrence.. Subject to Paragraph 2. above the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all ultimate net loss because of all personal and advertising injury sustained by any one person or organization.. If there is underlying insurance with a policy period that is nonconcurrent with the policy period of this Commercial Liability Umbrella Coverage Part the retained limits will only be reduced or exhausted by payments for a. Bodily injury or property damage which occurs during the policy period of this Coverage Part or b. Personal and advertising injury for offenses that are committed during the policy period of this Coverage Part. However if any underlying insurance is written on a claims made basis the retained limits will only be reduced or exhausted by claims for that insurance that are made during the policy period or any Extended Reporting Period of this Coverage Part. The Aggregate Limit as described in Paragraph 2. above applies separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. Page 12 of 18 Insurance Services Office Inc. 2012 INSURED COPY CU 00010413 | 1 |
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. 4. Legal Action Against Us No person or organization has a right under this Coverage Part a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. 5. Other Insurance a. This insurance is excess over and shall not contribute with any of the other insurance whether primary excess contingent or on any other basis. This condition will not apply to insurance specifically written as excess over this Coverage Part. When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. b. When this insurance is excess over other insurance we will pay only our share of the ultimate net loss that exceeds the sum of 1 The total amount that all such other insurance would pay for the loss in the absence of the insurance provided under this Coverage Part and 2 The total of all deductible and self insured amounts under all that other insurance. 6. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. 7. Representations Or Fraud By accepting this policy you agree a. The statements in the Declarations are accurate and complete b. Those statements are based upon representations you made to us c. We have issued this policy in reliance upon your representations and d. This policy is void in any case of fraud by you as it relates to this policy or any claim under this policy. 8. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. 9. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. CU 00010413 Insurance Services Office Inc. 2012 INSURED COPY Page 13 of 18 | 1 |
14. Expanded Coverage Territory If a suit is brought in a part of the coverage territory that is outside the United States of America including its territories and possessions Puerto Rico or Canada and we are prevented by law or otherwise from defending the insured the insured will initiate a defense of the suit. We will reimburse the insured under Supplementary Payments for any reasonable and necessary expenses incurred for the defense of a suit seeking damages to which this insurance applies that we would have paid had we been able to exercise our right and duty to defend. If the insured becomes legally obligated to pay sums because of damages to which this insurance applies in a part of the coverage territory that is outside the United States of America including its territories and possessions Puerto Rico or Canada and we are prevented by law or otherwise from paying such sums on the insured s behalf we will reimburse the insured for such sums.. All payments or reimbursements we make for damages because of judgments or settlements will be made in U.S. currency at the prevailing exchange rate at the time the insured became legally obligated to pay such sums. Al payments or reimbursements we make for expenses under Supplementary Payments will be made in U.S. currency at the prevailing exchange rate at the time the expenses were incurred.. Any disputes between you and us as to whether there is coverage under this policy must be filed in the courts of the United States of America including its territories and possessions Canada or Puerto Rico.. The insured must fully maintain any coverage required by law regulation or other governmental authority during the policy period except for reduction of the aggregate limits due to payments of claims judgments or settlements. Failure to maintain such coverage required by law regulation or other governmental authority will not invalidate this insurance. However this insurance will apply as if the required coverage by law regulation or other governmental authority was in full effect. 10. When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice.. Loss Payable Liability under this Coverage Part does not apply to a given claim unless and until a. The insured or insured s underlying insurer has become obligated to pay the retained limit and b. The obligation of the insured to pay the ultimate net loss in excess of the retained limit has been determined by a final settlement or judgment or written agreement among the insured claimant and us. 12. Transfer Of Defense When the underlying limits of insurance have been used up in the payment of judgments or settlements the duty to defend will be transferred to us. We will cooperate in the transfer of control to us of any outstanding claims or suits seeking damages to which this insurance applies which would have been covered by the underlying insurance had the applicable limit not been used up. 13. Maintenance Of Changes To Underlying Insurance Any underlying insurance must be maintained in full effect without reduction of coverage or limits except for the reduction of the aggregate limit in accordance with the provisions of such underlying insurance that results from payment of claims settlement or judgments to which this insurance applies. Such exhaustion or reduction is not a failure to maintain underlying insurance. Failure to maintain underlying insurance will not invalidate insurance provided under this Coverage Part but insurance provided under this Coverage Part will apply as if the underlying insurance were in full effect. If there is an increase in the scope of coverage of any underlying insurance during the term of this policy our liability will be no more than it would have been if there had been no such increase. You must notify us in writing as soon as practicable if any underlying insurance is cancelled not renewed replaced or otherwise terminated or if the limits or scope of coverage of any underlying insurance is changed. 1 Page 14 of 18 Insurance Services Office Inc. 2012 INSURED COPY CU 00010413 | 1 |
SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement.. 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.. Bodily injury means bodily injury disability sickness or disease sustained by a person including death resulting from any of these at any time. Bodily injury includes mental anguish or other mental injury resulting from bodily injury.. Coverage territory means anywhere in the world with the exception of any country or jurisdiction which is subject to trade or other economic sanction or embargo by the United States of America.. Covered auto means only those autos to which underlying insurance applies.. 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 bylaws 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 the repair replacement adjustment or removal of your product or your work or your fulfilling the terms of the contract or agreement.. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement c. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement f. That part of any contract or agreement entered into as part of your business pertaining to the rental or lease by you or any of your employees of any auto. However such contract or agreement shall not be considered an insured contract to the extent that it obligates you or any of your employees to pay for property damage to any auto rented or leased by you or any of your employees. g. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraphs f. and g. do not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing 2 That pertains to the loan lease or rental of an auto to you or any of your employees if the auto is loaned leased or rented with a driver or CU 00010413 Insurance Services Office Inc. 2012 INSURED COPY Page 15 of 18 | 1 |
10. 1 12 3 That holds a person or organization engaged in the business of transporting property by auto for hire harmless for your use of a covered auto over a route or territory that person or organization is authorized to serve by public authority. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker..Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. While it is in or on an aircraft watercraft or auto or c. While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in Paragraph a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers 13. 14. f. Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecution c. The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor d. Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services e. Oral or written publication in any manner of material that violates a person s right of privacy f. The use of another s advertising idea in your advertisement or g. Infringing upon another s copyright trade dress or slogan in your advertisement. Page 16 of 18 Insurance Services Office Inc. 2012 INSURED COPY CU 00010413 | 1 |
2 The existence of tools uninstalled equipment or abandoned or unused materials. 18. Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. With respect to the ownership maintenance or use of covered autos property damage also includes pollution cost or expense but only to the extent that coverage exists under the underlying insurance or would have existed but for the exhaustion of the underlying limits. For the purposes of this insurance with respect to other than the ownership maintenance or use of covered autos electronic data is not tangible property. As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 19. Retained limit means the available limits of underlying insurance scheduled in the Declarations or the self insured retention whichever applies. 20. Self insured retention means the dollar amount listed in the Declarations that will be paid by the insured before this insurance becomes applicable only with respect to occurrences or offenses not covered by the underlying insurance. The self insured retention does not apply to occurrences or offenses which would have been covered by underlying insurance but for the exhaustion of applicable limits. 21.Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or 15. Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. 16. Pollution cost or expense means any loss cost or expense arising out of any a. Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b. Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. 17. Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured or c CU 00010413 Insurance Services Office Inc. 2012 INSURED COPY Page 17 of 18 | 1 |
b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent or the underlying insurer s consent. 22.Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. 23.Ultimate net loss means the total sum after reduction for recoveries or salvages collectible that the insured becomes legally obligated to pay as damages by reason of settlement or judgments or any arbitration or other alternate dispute method entered into with our consent or the underlying insurer s consent. 24.Underlying insurance means any policies of insurance listed in the Declarations under the Schedule of underlying insurance. 25.Underlying insurer means any insurer who provides any policy of insurance listed in the Schedule of underlying insurance. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. 27.Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or 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. 20 o b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 28. Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. Page 18 of 18 Insurance Services Office Inc. 2012 INSURED COPY CU 00010413 | 1 |
IL 0017 11 98 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A D. Cancellation 1. The first Named Insured shown in the Declara tions may cancel this policy by mailing or de livering to us advance written notice of cancel lation. 2. We may cancel this policy by mailing or deliv ering to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of cancel lation if we cancel for nonpayment of pre mium or b. 30 days before the effective date of cancel lation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed proof of mailing will be suf ficient proof of notice. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the 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. 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 1. We have the right to a. Make inspections and surveys at any time E. b. Give you reports on the conditions we find and. Recommend changes. 2. We are not obligated to make any inspections surveys reports or recommendations and any such actions we do undertake relate only to in surability and the premiums to be charged. We do not make safety inspections. We do not un dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not war rant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advisory rate service or similar organization which makes in surance inspections surveys reports or recom mendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recommen dations we may make relative to certification under state or municipal statutes ordinances or regulations of boilers pressure vessels or ele vators. Premiums The first Named Insured shown in the Declarations 1. Is responsible for the payment of all premiums and 2. Wil be the payee for any return premiums we pay. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named 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 representa tive. 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. Pagelofl O IL 0017 11 98 Copyright Insurance Services Office Inc. 1998 INSURED COPY | 2 |
2 Arch Insurance Group Signature Page IN WITNESS WHEREOF Arch Insurance Company has caused this policy to be executed and attested. Dot g Patrick K. Nails Secretary CLW John Mentz President Page 1 of 1 05 ML0002 00 12 14 INSURED COPY | 2 |
U.S. TREASURY DEPARTMENT S OFFICE OF FOREIGN ASSETS CONTROL OFAC ADVISORY NOTICE TO POLICYHOLDERS No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Notice provides information concerning possible impact on your insurance coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of Foreign Assets Control OFAC administers and enforces sanctions policy based on Presidential declarations of national emergency. OFAC has identified and listed numerous Foreign agents Front organizations Terrorists Terrorist organizations and Narcotics traffickers as Specially Designated Nationals and Blocked Persons. This list can be located on the United States Treasury s web site httpwww.treas.gov ofac. In accordance with OFAC regulations if it is determined that you or any other insured or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person as identified by OFAC this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. Includes copyright material of Insurance Services Office Inc. with its permission. INSURED COPY Page 1 of 1 00 ML0065 00 06 07 | 2 |
Claims Handling Procedures An important value of your insurance coverage is the ability of the insurance company to respond when you have a claim. Arch Insurance Company is committed to providing its insureds with effective claim services. Notices of each incident claim or suit must be sent immediately to Arch Insurance Company ATTN CLAIMS 10909 Mill Valley Road Suite 210 P.O. Box 542033 Omaha NE 68154 Phone 877 688 ARCH 2724 Fax 866 266 3630 E mail ClaimsArchinsurance.com You will be contacted by a representative of the company s Claim Department. This representative will confirm receipt of the loss notice directly to you provide a company claim number for all future correspondence refer to an adjuster if necessary and discuss further handling of the claim. Notices of each incident claim or suit must be sent immediately to Arch Insurance Company ATTN CLAIMS 10909 Mill Valley Road Suite 210 P.O. Box 542033 Omaha NE 68154 Phone 877 688 ARCH 2724 Fax 866 266 3630 E mail ClaimsArchinsurance.com 05 CP0028 00 07 03 Page 1 of 1 INSURED COPY | 2 |
IL 01 41 09 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW JERSEY CHANGES CIVIL UNION This endorsement modifies insurance provided under the following COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY A. The term spouse is replaced by the following C. With respect to cove tenance or use of the Commercial Lia the term family men ing Family member me Spouse or party to a civil union recognized under New Jersey law. B. Under the Commercial Auto Coverage Part the term family member is replaced by the following Family member means a person related to the blood adoption rr 1. Individual Named Insured by blood adoption nized under New Je marriage or civil union recognized under New your household incl Jersey law who is a resident of such Named Insured s household including a ward or foster child or 2. Individual named in the Schedule by blood adoption marriage or civil union recognized under New Jersey law who is aresident of the individual s household including a ward or fos ter child if the Drive Other Car Coverage Broadened Coverage For Named Individual Endorsement is attached. C. With respect to coverage for the ownership main tenance or use of covered autos provided under the Commercial Liability Umbrella Coverage Part the term family member is replaced by the follow ing Family member means a person related to you by blood adoption marriage or civil union recog nized under New Jersey law who is a resident of your household including a ward or foster child. Insurance Services Office Inc. 2008 INSURED COPY Page 1 of 1 IL 01 41 09 08 | 2 |
IL 02 08 09 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW JERSEY CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART Pursuant to New Jersey law this policy can not be cancelled or nonrenewed for any underwriting rea son or guideline which is arbitrary capricious or unfairly discriminatory or without adequate prior notice to the insured. The underwriting reasons or guidelines that an insurer can use to cancel or nonrenew this policy are maintained by the insurer in writing and will be furnished to the insured andor the insured s lawful representative upon written request. This provision shall not apply to any policy which has been in effect for less than 60 days at the time notice of cancellation is mailed or delivered unless the policy is a renewal policy.. Paragraph 2. of the Cancellation Common Policy Condition is replaced by the following 2. If this policy has been in effect for less than 60 days we may cancel this policy for any reason subject to the following a. We may cancel this policy by mailing or delivering to the first Named Insured and any person entitled to notice under this pol icy written notice of cancellation at least 1 10 days before the effective date of cancellation if we cancel for a Nonpayment of premium or b Existence of a moral hazard as defined in N.J.A.C. 111 20.2f as fol lows i The risk danger or probability that the insured will destroy or permit to be destroyed the in sured property for the purpose of collecting the insurance pro ceeds. Any change in the circum stances of an insured that will in crease the probability of such a destruction may be considered a moral hazard and i The substantial risk danger or probability that the character cir cumstances or personal habits of the insured may increase the pos sibility of loss or liability for which an insurer will be held responsi ble. Any change in the character or circumstances of an individual corporate partnership or other insured that will increase the probability of such a loss or liabil ity may be considered a moral hazard. ISO Properties Inc. 2006 INSURED COPY Page 10of 3 m IL 02 08 09 07 | 2 |
b. 2 30 days before the effective date of cancellation if we cancel for any other reason. In the notice of cancellation which is sent to the first Named Insured we will state the reason for cancellation. C. The following is added to the Cancellation Com mon Policy Condition 7. Cancellation Of P ies In Effect For 60 Days Or More If this policy has been in effect for 60 days or more or is a renewal of a policy we is sued we may cancel this policy only for one or more of the following reasons 1 Nonpayment of premium 2 Existence of a moral hazard as defined in N.J.A.C. 111 20.2f 3 Material misrepresentation or nondisclo sure to us of a material fact at the time of acceptance of the risk 4 Increased hazard or material change in the risk assumed which we could not have reasonably contemplated at the time of assumption of the risk 5 Substantial breaches of contractual duties conditions or warranties that ma terially affect the nature andor insurabil ity of the risk 6 Lack of cooperation from the insured on loss control matters materially affecting insurability of the risk 7 Fraudulent acts against us by the in sured or its representative that materially affect the nature of the risk insured 8 Loss of or reduction in available insur ance capacity 9 Material increase in exposure arising out of changes in statutory or case law sub sequent to the issuance of the insurance contract or any subsequent renewal 10 Loss of or substantial changes in appli cable reinsurance 11 Failure by the insured to comply with any Federal State or local fire health safety or building or construction regula tion law or ordinance with respect to an insured risk which substantially in creases any hazard insured against within 60 days of written notification of a violation of any such law regulation or ordinance 12 Failure by the insured to provide rea sonable and necessary underwriting in formation to us upon written request therefore and a reasonable opportunity to respond. 13 Agency termination provided a We document that replacement cov erage at comparable rates and terms has been provided to the first Named Insured and we have informed the first Named Insured in writing of the right to continue coverage with us or We have informed the first Named Insured in writing of the right to continue coverage with us and the first Named Insured has agreed in writing to the cancellation or nonre newal based on the termination of the first Named Insured s appointed agent. 14 Any other reasons in accordance with our underwriting guidelines for cancella tion of commercial lines coverage. b. If we cancel this policy based on Paragraph 7.a.1 or 2 above we will mail or deliver a written notice to the first Named Insured and any person entitled to notice under this policy at least 10 days before the effective date of cancellation. If we cancel this policy for any other reason listed above we will mail or deliver a written notice to the first Named Insured and any person entitled to notice under this policy not more than 120 days nor less than 30 days before the effec tive date of such cancellation. In the notice of cancellation which is sent to the first Named Insured we will state the reason for cancellation. For cancellation due to the nonpayment of premium the no tice will state the effect of nonpayment by the due date. Cancellation for nonpayment of premium will not be effective if payment of the amount due is made before the effec tive date set forth in the notice. d. Notice will be sent to the last mailing ad dresses known to us by 1 Certified mail or 2 First class mail if we have obtained from the post office a date stamped proof of mailing showing names and addresses. b ld Page 2 of 3 ISO Properties Inc. 2006 INSURED COPY IL 02 08 09 07 o | 2 |
e. We need not send notice of cancellation if you have 1 Replaced coverage elsewhere or 2 Specifically requested termination. D. The following is added and supersedes any other provision to the contrary NONRENEWAL 1. We may elect not to renew this policy for any reason permitted to cancel it. If we elect not to renew this policy we will mail a notice of non renewal stating the reasons for nonrenewal to the first Named Insured at least 30 days but not more than 120 days before the expiration date of this policy. If this policy does not have a fixed expiration date it shall be deemed to ex pire annually on the anniversary of its incep tion. 2. This notice will be sent to the first Named In sured at the last mailing address known to us by a. Certified mail or b. First class mail if we have obtained from the post office a date stamped proof of mail ing showing the first Named Insured s name and address. 3. We need not mail or deliver this notice if you have a. Replaced coverage elsewhere or b. Specifically requested termination. ISO Properties Inc. 2006 INSURED COPY Page 3 of 3 m IL 02 08 09 07 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ASBESTOS EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability and Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Li y This insurance does not apply to any claim suit demand or loss that alleges bodily injury property damage or personal and advertising injury that in any way in whole or in part arises out of relates to or results from the asbestos hazard. This exclusion includes but is not limited to compliance with any request demand order or statutory or regulatory requirement or any other action authorized or required by law or any other claim suit demand loss cost or expense arising out of relating to or resulting from the investigation of 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 asbestos as well as any loss costs fees expenses penalties judgments fines or sanctions arising out of relating thereto or resulting therefrom. As used in this exclusion asbestos hazard means 1 The actual alleged or threatened exposure to consumption ingestion of inhalation of absorption of existence of or presence of asbestos in any manner or form whatsoever either directly of indirectly 2 The actual or alleged failure to warn advise or instruct related to asbestos in any manner or form whatsoever 3 The actual or alleged failure to prevent exposure to asbestos in any manner or form whatsoever or 4 The actual or alleged presence of asbestos in any manner or form whatsoever in any place whatsoever whether or not within a facility owned or used by the Named Insured including its contents. As used in this exclusion asbestos means any substance regardless of its form or state containing asbestos. Al other terms and conditions of this Policy remain unchanged. Endorsement Number This endorsement is effective on the inception date of this policy unless otherwise stated herein. The information below is required only when this endorsement is issued subsequent to preparation of the policy. Policy Number ULP101020202 Named Insured ESNJ PF AVENEL LLC Endorsement Effective Date 11212018 00 CLU0053 00 06 11 Page 1 of 1 INSURED COPY | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ELECTROMAGNETIC RADIATION EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Li y and Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of 1. The hazardous properties of electromagnetic radiation 2. The costs of abatement inspection removal treatment or mitigation of or in any way responding to or assessing the effects of a. Electromagnetic radiation or b. Exposure to electromagnetic radiation 3. Any supervision instructions recommendations warnings or advice given or which should have been given in connection with paragraphs 1. or 2. above or 4. Any obligation to share damages with or repay anyone else who must pay damages in connection with paragraphs 1. 2. or 3. above. All other terms and conditions of this Policy remain unchanged. Endorsement Number This endorsement is effective on the inception date of this policy unless otherwise stated herein. The information below is required only when this endorsement is issued subsequent to preparation of the policy. Policy Number ULP101020202 Named Insured ESNJ PF AVENEL LLC Endorsement Effective Date 11212018 00 CLU0055 00 06 11 Page 1 of 1 INSURED COPY | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FINES AND PENALTIES EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability and Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability This insurance does not apply to any claim suit demand loss or award for fines or penalties. All other terms and conditions of this Policy remain unchanged. Endorsement Number This endorsement is effective on the inception date of this policy unless otherwise stated herein. The information below is required only when this endorsement is issued subsequent to preparation of the policy. Policy Number ULP101020202 Named Insured ESNJ PF AVENEL LLC Endorsement Effective Date 11212018 00 CLU0057 00 06 11 Page 1 of 1 INSURED COPY | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LEAD EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Li ity and Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Li y This insurance does not apply to any claim suit demand or loss that alleges bodily injury property damage or personal and advertising injury that in any way in whole or in part arises out of relates to or results from lead hazard This exclusion includes but is not limited to compliance with any request demand order or statutory or regulatory requirement or any other action authorized or required by law or any loss cost or expense arising out of or relating to the investigation of 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 lead as well as any costs fees expenses penalties judgments fines or sanctions arising from or relating thereto. As used in this exclusion lead hazard means the 1 actual alleged or threatened exposure to consumption ingestion of inhalation of absorption of existence of or presence of lead in any manner or form whatsoever either directly or indirectly 2 actual or alleged failure to warn advise or instruct related to lead in any manner or form whatsoever 3 actual or alleged failure to prevent exposure to lead in any manner or form whatsoever or 4 actual or alleged presence of lead in any manner or form whatsoever in any place whatsoever whether or not within a building or structure including its contents. All other terms and conditions of this Policy remain unchanged. Endorsement Number This endorsement is effective on the inception date of this policy unless otherwise stated herein. The information below is required only when this endorsement is issued subsequent to preparation of the policy. Policy Number ULP101020202 Named Insured ESNJ PF AVENEL LLC Endorsement Effective Date 11212018 00 CLU0059 00 06 11 Page 1 of 1 INSURED COPY | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NON CONTRIBUTING INSURANCE WHERE REQUIRED BY WRITTEN CONTRACTS ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART Under SECTION IV CONDITIONS Condition 5. Other Insurance is amended by the addition of the following paragraph c. Where you are specifically required by a written contract to provide insurance that is non contributory and the written contract so requiring is executed by you before any occurrence or offense this insurance will be non contributory in excess of the retained limit but only if and to the extent 1 Required by that written contract and 2 Coverage required by such written contract is provided in the applicable and collectible underlying insurance or would have been provided but for the exhaustion of the underlying limits. Al other terms and conditions of this Policy remain unchanged. Endorsement Number This endorsement is effective on the inception date of this policy unless otherwise stated herein. The information below is required only when this endorsement is issued subsequent to preparation of the policy. Policy Number ULP101020202 Named Insured ESNJ PF AVENEL LLC Endorsement Effective Date 11212018 00 CLU0062 00 06 11 Page 1 of 1 INSURED COPY | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RADIOACTIVE MATTER EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART The following exclusion i Property Damage Liabi Advertising Injury Lial added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And and Paragraph 2. Exclusions of Section Coverage B Personal And This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of the actual alleged or threatened exposure of persons or property to the radioactive matter hazard. This exclusion includes but is not limited to compliance with any request demand order or statutory or regulatory requirement or any other action authorized or required by law or any loss cost or expense arising out of or relating to the investigation of 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 radioactive matter as well as any costs fees expenses penalties judgments fines or sanctions arising from or relating thereto. This exclusion also applies regardless of any other contributing or aggravating cause or event that contributes concurrently or in any sequence to the bodily injury property damage or personal and advertising injury. As used in this exclusion the radioactive matter hazard means the 1 Actual alleged or threatened exposure to consumption ingestion of inhalation of absorption of existence of or presence of radioactive matter in any manner of form whatsoever either directly or indirectly 2 Actual or alleged failure to warn advise or instruct related to radioactive matter in any manner or form whatsoever 3 Actual or alleged failure to prevent exposure to radioactive matter in any manner or form whatsoever or 4 Actual or alleged presence of radioactive matter in any manner or form whatsoever in any place whatsoever whether or not within a building or structure including the contents thereof. As used in this exclusion radioactive matter means uranium thorium plutonium neptunium their respective derivatives and compounds radioactive isotopes of other elements and any other substances which may be designated by or pursuant to any law act or statute or law amendatory thereof as being prescribed substances capable of releasing atomic energy or emits radiation. All other terms and conditions of this Policy remain unchanged. Endorsement Number This endorsement is effective on the inception date of this policy unless otherwise stated herein. The information below is required only when this endorsement is issued subsequent to preparation of the policy. Policy Number ULP101020202 Named Insured ESNJ PF AVENEL LLC Endorsement Effective Date 11212018 00 CLU0065 00 06 11 Page 1 of 1 INSURED COPY | 2 |
POLICY NUMBER ULP101020202 COMMERCIAL LIABILITY UMBRELLA CU 04 03 1207 POLICY NUMBER ULP101020202 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYEE BENEFITS LIABILITY COVERAGE THIS ENDORSEMENT PROVIDES CLAIMS MADE COVERAGE. PLEASE READ THE ENTIRE ENDORSEMENT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART SCHEDULE Additional Covered Employee Benefits Programs Of Insurance Retained 2 2000000 EachEmployee 1 4000000 Each Emplo 1000000 4000000 Aggregate Retroactive Date 11212016 Information required to complete this Schedule if not shown above will be shown in the Declarations. A. The following is added to Section Coverages COVERAGE EMPLOYEE BENEFITS LIABILITY 1. Insuring Agreement a. We will pay on behalf of the insured the ulti 1 The amount we will pay for ultimate net loss is limited as described in Paragraph D. Section Ill Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of in mate net loss in excess of the retained limit because of any act error or omission of the insured or of any other person for whose acts the insured is legally liable to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking damages for such an act error or omission when the underlying insurance does not provide coverage or the limits of underlying insurance have been exhausted. However we will have no duty to defend the insured against any suit seeking damages to which this insurance does not apply. At our discretion we may investigate any report of an act error or omission and settle any resultant claim or suit for which we have a duty to defend. But surance in the payment of judgments or settlements. No other obligation or liability to pay sums or perform acts or services is covered unless ex plicitty provided for under Supplementary Payments. b. This insurance applies only if 1 The act error or omission is negligently committed in the administration of your employee benefit program 2 The act error or omission did not take place before the Retroactive Date if any shown in the Schedule nor after the end of the policy period and CU 04 03 1207 ISO Properties Inc. 2007 INSURED COPY Page 10of 5 m | 2 |
3 A claim for damages because of an act error or omission is first made against any insured in accordance with Paragraph c. below during the policy period or an Ex tended Reporting Period we provide under Paragraph F. of this endorsement.. A claim seeking damages will be deemed to have been made at the earlier of the following times 1 When notice of such claim is received and recorded by any insured or by the under lying insurer or us if the limits of the un derlying insurance have been used up whichever comes first or 2 When we make settlement in accordance with Paragraph 1.a. above or settlement is made by the underlying insurer with our agreement. Aclaim received and recorded by the insured within 60 days after the end of the policy pe riod will be considered to have been received within the policy period if no subsequent pol icy is available to cover the claim.. All claims for damages made by an em ployee because of any act error or omission or a series of related acts errors or omis sions including damages claimed by such employee s dependents and beneficiaries will be deemed to have been made at the time the first of those claims is made against any insured. 2. Exclusions This insurance does not apply to Dishonest Fraudulent Criminal Or Malicious Act Damages arising out of any intentional dis honest fraudulent criminal or malicious act error or omission committed by any insured including the willful or reckless violation of any statute. b. Bodily Injury Property Damage Or Personal c. d. And Advertising Injury Bodily injury property damage or personal and advertising injury. Failure To Perform A Contract Damages arising out of failure of performance of contract by any insurer. Insufficiency Of Funds Damages arising out of an insufficiency of funds to meet any obligations under any plan included in the employee benefit program. e. Inadequacy Of Performance Of Investment Advice Given With Respect To Participation Any claim based upon 1 Failure of any investment to perform 2 Errors in providing information on past performance of investment vehicles or 3 Advice given to any person with respect to that person s decision to participate or not to participate in any plan included in the employee benefit program. f. Workers Compensation And Similar Laws Any claim arising out of your failure to com ply with the mandatory provisions of any workers compensation unemployment com pensation insurance social security or disabil ity benefits law or any similar law. g. ERISA Damages for which any insured is liable be cause of liability imposed on a fiduciary by the Employee Retirement Income Security Act of 1974 as now or hereafter amended or by any similar federal state or local laws. h. Available Benefits Any claim for benefits to the extent that such benefits are available with reasonable effort and cooperation of the insured from the ap plicable funds accrued or other collectible in surance.. Taxes Fines Or Penalties Taxes fines or penalties including those im posed under the Internal Revenue Code or any similar state or local law.. Employment Related Practices Damages arising out of wrongful termination of employment discrimination or other em ployment related practices. B. For the purposes of the coverage provided by this endorsement 1. All references to Supplementary Payments Coverages A and B are replaced by Supplemen tary Payments Coverages A B and Employee Benefits Liability. 2. Paragraphs 1.b. and 3. of the Supplementary Payments provision do not apply. Page 2 of 5 IS0 Properties Inc. 2007 INSURED COPY CU 04 03 12 07 o | 2 |
C. For the purposes of the coverage provided by this endorsement Paragraphs 1.b. and 1.c. of Section I Who Is An Insured are replaced by the following 1. Except for liability arising out of the ownership maintenance or use of covered autos b. Each of the following is also an insured 1 Each of your employees who is or was authorized to administer your employee benefit program. 2 Any persons organizations or employees having proper temporary authorization to administer your employee benefit pro gram if you die but only until your legal representative is appointed. 3 Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this endorsement. c. Any organization you newly acquire or form other than a partnership joint venture or lim ited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if no other similar insurance applies to that organization. How ever 1 Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the pol icy period whichever is earlier. 2 Coverage under this provision does not apply to any act error or omission that was committed before you acquired or formed the organization. D. For the purposes of the coverage provided by this endorsement Section Ill Limits Of Insurance is re placed by the following 1. Our obligation to pay damages on behalf of the insured applies only to the amount of ultimate net loss in excess of the retained limit shown in the Schedule of this endorsement. If there is underly ing insurance with a policy period that is non concurrent with the policy period of this en dorsement the retained limit will only be re duced or exhausted by claims for that insurance that are made during the policy period or the Ex tended Reporting Period of this endorsement. 2. The Limits of Insurance shown in the Schedule and the rules below fix the most we will pay re gardless of the number of a Insureds b Claims made or suits brought c Persons or organizations making claims or bringing suits d Acts errors or omissions or e Benefits included in your employee benefit program. 3. The Aggregate Limitis the most we will pay for the sum of all ultimate net loss because of acts errors or omissions negligently committed in the administration of your employee benefit pro gram. 4. Subject to the Aggregate Limit the Each Em ployee Limitis the most we will pay for the sum of all ultimate net loss for damages sustained by any one employee including damages sustained by such employee s dependents and beneficiar ies as a result of a An act error or omission or b Aseries of related acts errors or omissions negligently committed in the administration of your employee benefit program. However the amount paid under this endorse ment shall not exceed and will be subject to the limits and restrictions that apply to the payment of benefits in any plan included in the employee benefit program. The Limits of Insurance of this endorsement apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations of the policy to which this endorsement is attached unless the policy 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 pur poses of determining the Limits of Insurance. CU 04 03 1207 IS0 Properties Inc. 2007 INSURED COPY Page 3 of 5 | 2 |
E. For the purposes of the coverage provided by this endorsement Condition 3. of Section IV Commer cial Liability Umbrella Conditions is replaced by the following 3. Duties In The Event Of An Act Error Or Omission Or Claim Or Suit a. You must see to it that we are notified as soon as practicable of an act error or omission which may result in a claim. To the extent possible notice should include 1 What the act error or omission was and when it occurred and 2 The names and addresses of anyone who may suffer damages as a result of the act error or omission. b. If aclaim 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 no tice of the claim or suit as soon as practica ble. c. You and any other involved insured must 1 Immediately send us copies of any de mands notices summonses or legal pa pers received in connection with the claim or suit Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the en forcement of any right against any person or organization which may be liable to the insured because of an act error or omis sion to which this insurance may also ap ply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense without our consent. 2 F. For the purposes of the coverage provided by this endorsement the following Extended Reporting Pe riod provisions are added or if this endorsement is attached to a claims made Coverage Part replace any similar Section in that Coverage Part. EXTENDED REPORTING PERIOD 1. You will have the right to purchase an Extended Reporting Period as described below if a. This endorsement is canceled or not renewed or b. We renew or replace this endorsement with insurance that 1 Has a Retroactive Date later than the date shown in the Schedule of this endorse ment or 2 Does not apply to an act error or omission on a claims made basis. 2. The Extended Reporting Period does not extend the policy period or change the scope of cover age provided. It applies only to claims for acts errors or omissions that were first committed be fore the end of the policy period but not before the Retroactive Date if any shown in the Sched ule. Once in effect the Extended Reporting Pe riod may not be canceled. 3. An Extended Reporting Period of five years is available but only by an endorsement and for an extra charge. You must give us a written request for the en dorsement within 60 days after the end of the pol icy period. The Extended Reporting Period will not go into effect unless you pay the additional premium promptly when due. We will determine the additional premium in ac cordance with our rules and rates. In doing so we may take into account the following a. The employee benefit programs insured b. Previous types and amounts of insurance c. Limits of insurance available under this en dorsement for future payment of damages and d. Other related factors. Page 4 of 5 IS0 Properties Inc. 2007 INSURED COPY CU 04 03 12 07 o | 2 |
The additional premium will not exceed 100 of the annual premium for this endorsement. The Extended Reporting Period endorsement ap plicable to this coverage shall set forth the terms not inconsistent with this Section applicable to the Extended Reporting Period including a provi sion to the effect that the insurance afforded for claims first received during such period is ex cess over any other valid and collectible insur ance available under policies in force after the Ex tended Reporting Period starts. 4. If the Extended Reporting Period is in effect we will provide an extended reporting period aggre gate limit of insurance described below but only for claims first received and recorded during the Extended Reporting Period. The extended reporting period aggregate limit of insurance will be equal to the dollar amount shown in the Schedule of this endorsement under Limits Of Insurance. Paragraph D.3. of this endorsement wil be amended accordingly. The Each Employee Limit shown in the Schedule will then continue to apply as set forth in Paragraph D.4. G. For the purposes of the coverage provided by this endorsement the following definitions are added to the Definitions Section 1. Administration means a. Providing information to employees includ ing their dependents and beneficiaries with respect to eligibility for or scope of employee benefit programs b. Handling records in connection with the em ployee benefit program or c. Effecting continuing or terminating any em ployee s participation in any benefit included in the employee benefit program. However administration does not include han dling payroll deductions. 2. Cafeteria plans means plans authorized by ap plicable law to allow employees to elect to pay for certain benefits with pre tax dollars. 3. Claim means any demand or suit made by an employee or an employee s dependents and beneficiaries for damages as the result of an act error or omission. 4. Employee benefit program means a program providing some or all of the following benefits to employees whether provided through a cafete ria plan or otherwise a. Group life insurance group accident or health insurance dental vision and hearing plans and flexible spending accounts provided that no one other than an employee may sub scribe to such benefits and such benefits are made generally available to those employees who satisfy the plan s eligibility requirements b. Profit sharing plans employee savings plans employee stock ownership plans pension plans and stock subscription plans provided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to all employees who are eligible under the plan for such bene fits c. Unemployment insurance social security benefits workers compensation and disability benefits d. Vacation plans including buy and sell pro grams leave of absence programs including military maternity family and civil leave tui tion assistance plans transportation and health club subsidies and e. Any other similar benefits designated in the Schedule or added thereto by endorsement. H. For the purposes of the coverage provided by this endorsement Definitions 6. and 21. in the Definitions Section are replaced by the following 6. 21. Employee means a person actively employed formerly employed on leave of absence or dis abled or retired. Employee includes a leased worker. Employee does not include a tempo rary worker. Suit means a civil proceeding in which damages because of an act error or omission to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such dam ages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution pro ceeding in which such damages are claimed and to which the insured submits with our consent. CU 04 03 1207 IS0 Properties Inc. 2007 INSURED COPY Page 5 of 5 | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 21230202 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad Form This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART I. The insurance does not apply A. Under any Liability Coverage to bodily injury or property damage 1 With respect to which an insured under the policy is also an insured under a nuclear energy liability policy issued by Nuclear En ergy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nu clear Insurance Association of Canada or any of their successors or would be an in sured under any such policy but for its ter mination upon exhaustion of its limit of li ability or Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is re quired to maintain financial protection pur suant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the in sured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organi zation. B. Under any Liability Coverage to bodily injury or property damage resulting from hazardous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom 2 2 The nuclear material is contained in spent fuel or waste at any time possessed han dled used processed stored transported or disposed of by or on behalf of an in sured or The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this Ex clusion 3 applies only to property dam age to such nuclear facility and any property thereat. 3 Il. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material Special nuclear material or by product material. Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel com ponent solid or liquid which has been used or exposed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentra tion of uranium or thorium from any ore processed primarily for its source material content and b 2 The nuclear material is contained in spent fuel or waste at any time possessed han dled used processed stored transported or disposed of by or on behalf of an in sured or 3 The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this Ex clusion 3 applies only to property dam age to such nuclear facility and any property thereat. Il. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material Special nuclear material or by product material. Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel com ponent solid or liquid which has been used or exposed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentra tion of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or or ganization of any nuclear facility included under the first two paragraphs of the definition of nu clear facility. CU 21230202 ISO Properties Inc. 2001 INSURED COPY Page 10f 2 m | 2 |
Nuclear facility means a b c Any nuclear reactor Any equipment or device designed or used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packaging waste Any equipment or device used for the proc essing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of pluto nium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 d Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the forego ing 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. Page 2 of 2 ISO Properties Inc. 2001 INSURED COPY CU 21230202 o | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 21271204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. The following exclusion is added to Paragraph 2. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily In jury And Property Damage Lial 3 2. Exclusions This insurance does not apply to FUNGI OR BACTERIA a. Bodily injury or property damage which would not have occurred in whole or in part but for the actual alleged or threat ened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed con currently or in any sequence to such injury or damage. b. Any loss cost or expenses arising out of the abating testing for monitoring clean ing up removing containing treating de toxifying neutralizing remediating or dis posing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. This exclusion does not apply to any fungi or bacteria that are are on or are contained in a good or product intended for bodily consump tion. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to FUNGI OR BACTERIA a. Personal and advertising injury which would not have taken place in whole or in part but for the actual alleged or threat ened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed con currently or in any sequence to such injury. b. Any loss cost or expense arising out of the abating testing for monitoring cleaning up removing containing treating detoxify ing neutralizing remediating or disposing of or in any way responding to or assess ing the effects of fungi or bacteria by any insured or by any other person or entity. C. The following definition is added to the Definitions Section Fungi means any type or form of fungus includ ing mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. CU 21271204 ISO Properties Inc. 2003 INSURED COPY Page 1 of 1 m | 2 |
COMMERCIAL LIABILITY UMBRELLA CU21350115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF CERTIFIED ACTS OF TERRORISM AND EXCLUSION OF OTHER ACTS OF TERRORISM COMMITTED OUTSIDE THE UNITED STATES COMMERCIAL LIABILITY UMBRELLA COVERAGE PART. The following exclusion is added This insurance does not apply to TERRORISM Any injury or damage arising directly or indirectly out of a certified act of terrorism or out of an other act of terrorism that is committed outside of the United States including its territories and possessions and Puerto Rico but within the coverage territory. However with respect to an other act of terrorism this exclusion applies only when one or more of the following are attributed to such act 1. The total of insured damage to all types of property exceeds 25000000 valued in US dollars. In determining whether the 25000000 threshold is exceeded we will include all insured damage sustained by property of all persons and entities affected by the terrorism and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions or 2. Fifty or more persons sustain death or serious physical injury. For the purposes of this provision serious physical injury means a. Physical injury that involves a substantial risk of death or b. Protracted and obvious physical disfigurement or c. Protracted loss of or impairment of the function of a bodily member or organ or 3. The terrorism involves the use release or escape of nuclear materials or directly or indirectly results in nuclear reaction or radiation or radioactive contamination or This endorsement modifies insurance provided under the following 4. The terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials or 5. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials. With respect to this exclusion Paragraphs 1. and 2. describe the thresholds used to measure the magnitude of an incident of an other act of terrorism and the circumstances in which the threshold will apply for the purpose of determining whether this exclusion will apply to that incident. B. The following definitions are added 1. For the purposes of this endorsement any injury or damage means any injury or damage covered under any Coverage Part or underlying insurance to which this endorsement is applicable and includes but is not limited to bodily injury property damage personal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part or underlying insurance. 2. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following a. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act b. The act resulted in damage 1 Within the United States including its territories and possessions and Puerto Rico or CU21350115 Insurance Services Office Inc. 2015 INSURED COPY Page 1 of 2 | 2 |
2 Outside of the United States in the case of a An air carrier as defined in Section 40102 of title 49 United States Code or United States flag vessel or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States regardless of where the loss occurs or b The premises of any United States mission and c. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. 3. Other act of terrorism means a violent act or an act that is dangerous to human life property or infrastructure that is committed by an individual or individuals and that appears to be part of an effort to coerce a civilian population or to influence the policy or affect the conduct of any government by coercion and the act is not a certified act of terrorism. Multiple incidents of an other act of terrorism which occur within a seventy two hour period and appear to be carried out in concert or to have a related purpose or common leadership shall be considered to be one incident. C. 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. Page 2 of 2 Insurance Services Office Inc. 2015 INSURED COPY CU 21350115 | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 21 50 03 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SILICA OR SILICA RELATED DUST EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily In jury And Property Damage Lial 3 2. Exclusions This insurance does not apply to SILICA OR SILICA RELATED DUST a. Bodily injury arising in whole or in part out of the actual alleged threatened or suspected inhalation of or ingestion of sil icaor silica related dust. b. Property damage arising in whole or in part out of the actual alleged threatened or suspected contact with exposure to ex istence of or presence of silica or silica related dust. c. Any loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing contain ing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of silica or silicarelated dust by any in sured or by any other person or entity. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to SILICA OR SILICA RELATED DUST a. Personal and advertising injury arising in whole or in part out of the actual alleged threatened or suspected inhalation of in gestion of contact with exposure to exi tence of or presence of silica or silica related dust. b. Any loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing contain ing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of silica or silicarelated dust by any in sured or by any other person or entity. C. The following definitions are added to the Defini tions Section 1. Silica means silicon dioxide occurring in crystalline amorphous and impure forms sil ica particles silica dust or silica compounds. 2. Silica related dust means a mixture or combi nation of silica and other dust or particles. CU 21 50 03 05 ISO Properties Inc. 2004 INSURED COPY Page 1 of 1 m | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 2186 05 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY WITH LIMITED BODILY INJURY EXCEPTION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. Exclusion 2.t. of Section Coverage A Bodily As used in this exclusion electronic data Injury And Property Damage Liability is replaced by the following 2. Exclusions This insurance does not apply to t. Access Or Disclosure Of Confidential Or Personal Information And Data related Liability Damages arising out of 1 Any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information or The loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of that which is described in Paragraph 1 or 2 above. However unless Paragraph 1 above applies this exclusion does not apply to damages because of bodily injury. means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. B. The following is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Lial y 2. Exclusions This insurance does not apply to Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of any access to or disclosure of any person s or organization s confidential or personal information As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. B. The following is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of any access to or disclosure of any person s or organization s confidential or personal information. CU 2186 05 14 Insurance Services Office Inc. 2013 INSURED COPY Page 1 of 1 | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 22090413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION FAILURE TO SUPPLY This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART This insurance does not apply to bodily injury or This exclusion does not apply if the failure to supply property damage arising out of the failure of any results from the sudden and accidental injury to insured to adequately supply gas oil water tangible property owned or used by any insured to electricity steam or biofuel. procure produce process or transmit the gas oil water electricity steam or biofuel. CU 22090413 Insurance Services Office Inc. 2012 Page 1 of 1 INSURED COPY | 2 |
POLICY NUMBER ULP101020202 POLICY NUMBER ULP101020202 COMMERCIAL LIABILITY UMBRELLA CU 24 03 09 00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART SCHEDULE Name Of Person Or Organization WHERE REQUIRED BY CONTRACT. If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. The Transfer Of Rights Of Recovery Against Others To Us Condition under Section IV Conditions is amended by the addition of the following We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and included in the products completed operations hazard. This waiver applies only to the person or organization shown in the Schedule above. HERE REQUIRED BY CONTRACT. CU 24 03 09 00 Copyright Insurance Services Office Inc. 2000 INSURED COPY Page 1 of 1 m | 2 |
POLICY NUMBER ULP101020202 DLICY NUMBER ULP101020202 COMMERCIAL LIABILITY UMBRELLA CU 24 36 12 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRODUCTS COMPLETED OPERATIONS AGGREGATE LIMIT OF INSURANCE This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART SCHEDULE Products Completed Operations Aggregate Limit Of Insurance 4000000 Information required to complete this Schedule if not shown above will be shown in the Declarations. Section Il Limits Of Insurance is replaced by the following 1. The Limits Of Insurance shown in the Declarations and the Schedule of this endorsement and the fol lowing rules fix the most we will pay regardless of the number of a. Insureds b. Claims made suits brought or number of vehicles involved or c. Persons or organizations making claims or bringing suits. 2. The Aggregate Limitis the most we will pay for the sum of all ultimate net loss under a. Coverage A except ultimate net loss because of bodily injury or property damage 1 Arising out of the ownership maintenance or use of a covered auto or 2 Included in the products completed opera tions hazard and b. Coverage B. 3. The Products Completed Operations Aggregate Limit shown in the Schedule of this endorsement is the most we will pay for the sum of all ultimate net loss under Coverage A for damages because of bodily injury and property damage included in the products completed operations hazard. 4. Subject to Paragraph 2. or 3. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of all ultimate net loss under Coverage A because of all bodily injury and property damage arising out of any one occur rence. 5. Subject to Paragraph 2. above the Personal and Advertising Injury Limit is the most we will pay un der Coverage B for the sum of all ultimate net loss because of all personal and advertising in jury sustained by any one person or organization. The Aggregate Limits as described in Paragraphs 2. and 3. above apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an addi tional period of less than 12 months. In that case the additional period will be deemed part of the last pre ceding period for purposes of determining the Limits of Insurance. Of Insurance is replaced by the urance shown in the Declarations of this endorsement and the fol he most we will pay regardless of. suits brought or number of ved or CU 24 36 12 05 ISO Properties Inc. 2005 INSURED COPY Page 1 of 1 m | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 24 37 1205 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NON CONCURRENCY OF POLICY PERIODS RETAINED LIMIT This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART The following is added to Section Ill Limits Of Insur ance If there is underlying insurance with a policy period that is non concurrent with the policy period of this Commercial Liability Umbrella Coverage Part the retained limits will only be reduced or exhausted by payments for a. Bodily injury or property damage which occurs during the policy period of this Cover age Part or b. Personal and advertising injury for offenses that are committed during the policy period of this Coverage Part. However if any underlying insuranceis written on a claims made basis the retained limits will only be reduced or exhausted by claims for that insurance that are made during the policy period or any Ex tended Reporting Period of this Coverage Part. CU 24 37 1205 ISO Properties Inc. 2005 INSURED COPY Page 1 of 1 m | 2 |
IMPORTANT NOTICE TO POLICYHOLDERS TERRORISM RISK INSURANCE ACT This Important Notice is being provided with your policy to further satisfy the disclosure requirements of the Terrorism Risk Insurance Act. At the time you received the written offer for this policy we provided you with an Important Notice to Policyholders indicating that the insurance provided in your policy for losses caused by certain acts of terrorism as defined in the Terrorism Risk Insurance Act would be partially reimbursed by the United States of America pursuant to the formula set forth in the Terrorism Risk Insurance Act. In addition as required by the Terrorism Risk Insurance Act we indicated that we would make available insurance for such losses in the same manner as we provide insurance for other types of 1o specified the premium we would charge if any for providing such insurance and. except to the extent prohibited by law gave you the opportunity to reject such insurance and have a terrorism exclusion sublimit or other limitation included in your policy. This Important Notice refers back to that Important Notice and provides information about your decision and the manner in which your policy has been subsequently modified. If. You rejected terrorism insurance under the Terrorism Risk Insurance Act your policy includes the appropriate amendatory endorsements. Youdid not reject terrorism insurance under the Terrorism Risk Insurance Act the premium charged for your policy including that portion applicable terrorism insurance under the Terrorism Risk Insurance Act is shown in your policy. To the extent your policy includes a limitation on terrorism insurance it has been modified so that such limitation does not apply 10 terrorism insurance under the Terrorism Risk Insurance Act Please carefully review your policy and the Important Notice previously provided to you for further details. Please remember that only the terms of your policy establish the scope of your insurance protection. Please note that if your policy. provides commercial property insurance in a jurisdiction that has a statutory standard fire policy the premium we charge for terrorism insurance under the Terrorism Risk Insurance Act includes an amount attributable to the insurance provided pursuant to that standard fire policy. Re jection o f such statutory insurance is legally prohibited. isaworkers compensation policy re jection o f insurance for terrorism is legally prohibited. If aggregate insured losses attributable o terrorist acts certified under the Terrorism Risk Insurance Act exceed S100 billion in a Program Year January 1 through December 31 the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. If aggregate insured lo ttributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a Program Year January 1 through December 31 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 o that amount are subject to pro rata allocation in accordance with procedures established by the Sccretary of the Treasury. last page Form 99 10 0732 Rev. 12 07 Important Notice Page 1 | 2 |
IMPORTANT NOTICE TO POLICYHOLDERS cHUBE This Important Notice is not your policy. Please read your policy carefully to determine your rights duties and what is and what is not covered. Only the provisions of your policy determine the scope of your insurance protection. THIS IMPORTANT NOTICE PROVIDES INFORMATION CONCERNING POSSIBLE IMPACT ON YOUR INSURANCE COVERAGE DUE TO COMPLIANCE WITH APPLICABLE TRADE SANCTION LAWS. PLEASE READ THIS NOTICE CAREFULLY. R S s Various trade or economic sanctions and other laws or regulations prohibit us from providing insurance in certain circumstances. For example the United States Treasury Department s Offi of Foreign Asset Control OFAC administers and enforces economic and trade sanctions and places restrictions on transactions with foreign agents front organizations terrorists terrorists organizations and narcotic traffickers. OFAC acts pursuant to Executive Orders of the President of the United States and specitic legislation o impose controls on transactions and freeze foreign assets under United States jurisdiction. To learn more about OFAC please refer to the United States Treasury s web site at hupwww treas.govofac. To the extent that you or any other insured or any person or entity claiming the benefits of this insurance has violated any applicable sanction laws this insurance will not apply. We have added a condition or section that applies o the entire policy called Compliance With Applicable Trade Sanctions which stipulates that your insurance policy does not apply to the extent that trade or economic sanctions or other laws or regulations prohibit us from providing insurance. last page Form 99 10 0792 Ed 9 04 Important Notice Page 1 | 2 |
cHUBEB POLICYHOLDER NOTICE All of the members of the Chubb Group of Insurance companies doing business in the United States hereinafterChubb distribute their products through licensed insurance brokers and agents producers. Detailed information regarding the types of compensation paid by Chubb o producers on US insurance transactions is available under the Producer Compensation link located at the bottom of the page at www.chubb.com or by calling 1 866 588 9478 Additional information may be available from your producer. Thank you for choosing Chubh last page Form 99 10 0872 Ed. 6 07 Policyholder Notice Page 1 | 2 |
Chubb Commercial Excess And Umbrella Insurance Pocy Not ce Defense Within Limits Notice T i 2 s. This policy contains a provision which makes defense and supplementary payments included within the Limits of Insurance when defense and supplementary payments of any underlying insurance policy reduce the limit of insurance provided by that policy I you have any questions or require additional information about this provision please contact your agent or broker. Defense Within Limits Notice last page Form 07 10 0384 Rev. 7 01 Policy Notice Page 1 | 2 |
Chubb Commercial Excess And Umbrella Insurance Premium Bill Policy Period Effective Date Policy Number Insured AUGUST 012013 To AUGUST 01 20 August 1 2013 7985 13 19 COMMONWEALTH CHESAPEAKE COMPANY LLC To AUGUST 012014 Name of Company FEDERAL INSURANCE COMPANY Date Issued August 1 2013 Producer LOCKTON COMPANIES LL.C THIS BILLING IS TO BE ATTACHE T R O AND FORM A PART OF THE POLICY PLEASE SEND PAYMENT TO AGE T OR BROKER IF APPLICABLE Coverage Premium 37108.00 COMMERCIAL UMBRELLA Total S 37108.00 Portion of total premium attributable for Terrorism and statutory standard fire where applicable is s 1081.00 last page Form 07 10 0542 Ed. 10 06 Premium Bill Page 1 | 2 |
Chubb Commercial Excess And Umbrella Insurance cHUBEB Declarations Chubb Group of Insurance Companies 15 Mountain View Road Warren NJ 07059 Named Insured and Mailing Address Policy Number 7985 13 19 AKE COMPANY LI.C COMMONWEALTH CHIE Named Insured and Mailing Address COMMONWEALTH CHESAPEAKE COMPANY LLC 7500 COLLEGE BLVD SUITE 400 OVERLAND PARK KS 66210 Issued by the stock insurance company indicated below herein called the company. FEDERAL INSURANCE COMPANY Incorporated under the laws of Indiana Producer No. 037949 99999 Incorporated under the laws of Indiana Producer LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1905 Policy Period From AUGUST 012013 To AUGUST 012014 1201 AM. standard time at the Named Insured s mailing address shown above. Premium 37108.00 Limits Of Insurance 25000000. 25000000. Products Completed Operations Aggregate Limit 25000000. Advertising Injury and Personal Injury Aggregate Limit 25000000 Each Oceurrence Limit 25000000. Authorization In Witness Whereof the company issuing this policy has caused this policy to he signed by its authorized officers but this policy shall not be valid unless also signed by a duly authorized representative of the company. FEDERAL INSURANCE COMPANY Secretary President ble Gt 4 brwg Authorized Representative QDk 2 August 1 2013 Chubb Commercial Excess And Umbrella Insurance last page Form 07 02 2267 Ed. 2 09 Declarations Page 1 | 2 |
Chubb Commercial Excess And Umbrella Insurance cHUBEB Schedule Of Forms Policy Period Effective Date Policy Number Insured AUGUST 012013 o AUGUST 012014 August 1 2013 7985 13 19 WUC COMMONWEALTH CHESAPEAKE COMPANY LLC o AUGUST 01 2014 Name of Company FEDERAL INSURANCE COMPANY Date Issued August 1 2013 BT Form Number As of the effective date printed above this is the Schedule Of Forms applicable to this policy PREMIUM BILL 07 10 0542 1006 IMPORTANT NOTICE TO POLICYHOLDERS TRIPRA 99 10 0732 1207 IMPORTANT NOTICE OFAC 99 10 0792 0904 AOD IMPORTANT POLICYHOLDER NOTICE 99 10 0872 0607 DEFENSE WITHIN LIMITS NOTICE 07 10 0384 0701 COMMERCIAL EXC AND UMBRELLA DECLARATIONS 07 02 2267 0209 CHUBB COMMERCIAL EXCESS UMBRELLA INSURANCE 07 02 0815 0701 KANSAS CANC LATION AND WHEN WE DO NOT RENEW 07 02 1006 0502 COMPLIANCE WITH APPLICABLE TRADE SANCTIONS 07 02 1988 0204 POLICY EXCL INFORMATION DISTRIBUTION LAWS 07 02 2172 1104 COVERAGE CRISIS ASSISTANCE EXCESS AND UMB 07 02 2440 1210 COND CIVIL UNIONS OR DOMESTIC PARTNERSHIPS 07 02 2483 0312 POLICY EXCLUSION FAILURE TO SUPPLY 07 02 0860 1105 POWER INDUSTRY 07 02 0948 1105 ERS EI C RADIATION 07 02 1939 0902 CAP ON I RORISM LOSSES 07 02 1961 1207 COV B EXCL INTELLECTUAL PROP LAWS OR RIGHTS 07 02 2420 0510 POLICY EXCL LOSS OF USE OF ELECTRONIC DATA 07 02 2500 0512 NAMED INSURED 07 02 1477 0701 ADVERTISING INJURY EXCL. COV. B 07 02 0824 0701 CONTRACTUAL LIABILITY EXCL. COV. B 07 02 0839 0701 OR WORKER INJURY EXCLUSION 07 02 0852 0701 XCL 07 02 0864 0701. FOLLOW FORM COV. A 07 02 0885 0701 RS RADIOACTIVE MATERIAL POLICY EXCLUSION 07 02 1230 0701 TS 07 02 0845 O701 SCHEDUI I UNDERLYING INSURANCE 07 02 0922 0701 Chubb Commercial Excess And Umbrella Insurance last page Form 07 02 0822 Rev. 7 01 Schedule Of Forms Page 1 | 2 |
Chubb Commercial Excess And Umbrella Insurance Schedule Of Underlying Insurance Effective date AUGUST 1 2013 Policy Number 7985 13 19 Insured COMMONWEALTH CHESAPEAKE COMPANY LLC Description Commercial General Liability Insurer FEDERAL INSURANCE COMPANY Policy No. 3584 89 10 Policy Period 08012013 to 08012014 Occurrence Defense expenses included in the Limits of Insurance oo Limits 1000000. 2000000. 2000 000. 1000000. Each Occurrence General Aggregate Products Completed Operations Aggregate Personal and Advertising Injury aggregate when applicable COMMONWEALTH CHESAPEAKE COMPANY woe o 1000000. 2000000. 2000 000. 1000000. Each Occurrence General Aggregate Products Completed Operations Aggregate Personal and Advertising Injury aggregate when applicable Automobile Liability Insurer Policy No. Policy Period to FEDERAL INSURANCE COMPANY 7355 10 96 08012013 08012014 1000000. or Bodily Injury Liability Each Accident Each Person 1000000. Each Accident or Bodily Injury Liability Each Person Each Accident Property Damage Liability Each Accident Includes owned non owned and hired autos s A uthzriiatioh h. Al other terms and condruons remain uhchanged Authorized Representative Each Accident SR August 1 2013 Chubb Commercial Excess And Umbrella Insurance last page Form 07 02 0922 Rev. 7 01 Schedule Of Underlying Insurance Page 1 | 2 |
cHUBEB Chubb Commercial Excess And Umbrella Insurance Cartinn Table Of Contents Doarme A ravic Ui LUrnciiio Section Page No. Cove age Excess Follow Farm Coverage A 3 SO A S Coverages Umbrella Coverage B 3 L RTNH T tigati n Defense And Setil T Inve Supplementary Payments Co rage Territ s Who Is An Insured Excess Foow Form Covelge A S S Who Is An Insured Umbrella Coverage B 6 R S Lmyts of Inqurance S R When Excess Follow Form Coverage A Applies Drop Down R 10 Exclusions Excess F Exclusions Umbrella Coverage B 1 R S Zoligy ggiusioqs 17 R S S S Conditions s S 19 S Definitions Umbrella Coverage B s. 25 Pocy Definitions 29 R R I Form 07 02 0815 Rev. 7 01 Contract Page 1 of 32 | 2 |
THIS PAGE INTENTIONALLY LEFT BLANK Form 07 02 0815 Rev. 7 01 Contract Page 2.0f 32 | 2 |
cHUBEB Chubb Commercial Excess And Umbrella Insurance derag Excess Follow Form Coverage A Cbrges Umbrella Coverage B Bodily Injury And Property Damage Liability Coverage Contract Please read the entire policy carefully. The terms and conditions of this insurance include the various sections of this contract Co 1 Investigation Defense And Settlements Supplementary Payments Coverage Territory Who Is An Insured Limits Of Insurance When Excess Follow Form Coverage A Applies Drop Down Exclusions Conditions and Definitions as well as the Declarations and any Endorsements and Schedules made a part of this insurance. Throughout this contract the words you and your refer o the Named Insured shown in the Declarations and other persons or organizations qualifying as a Named Insured under this contract. The words we us and our refer o the Company providing this insurance. In addition to the Named Insured other persons or organizations may gualify as insureds. Those persons or organizations and the conditions under which they qualify are identitied in the Who Is An Insured section of this contract. Words and phrases that appear in bold print have special meanings and are defined in the Definitions section of this contract. Subject o all of the terms and conditions applicable o Excess Follow Form Coverage A we will pay on behalf of the insured that part of loss o which this coverage applics which exceeds the applicable underlying limits. This coverage applies only if the triggering event that must happen during the policy period of the applicable underlying insurance happens during the policy period of this insurance. This coverage will follow the terms and conditions of underlying insurance described in the Schedule Of Underlying Insurance unless a term or condition contained in this coverage ng i differs from any term or condition contained in the applicable under rance or. is not contained in the applicable underlying insurance. With respect to such exceptions described above the terms and conditions contained in this coverage will apply to the extent that such terms and conditions provide less coverage than the terms and conditions of the applicable underlying insurance. This coverage does not apply o any part of less within underlying limits or any related costs or expenses. We have no obligation under this insurance with respect o any claim or suit settled without our consent. Other than as provided under the Investigation Defense And Settlements and Supplementary Paymen ctions of this contract we have no other obligation or liability to pay sums or perform acts or services under this coverage. Subject to all of the terms and conditions applicable to Umbrella Coverage B we will pay on behalf of the insured loss by reason of liability imposed by law or. assumed in an insured contract Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 30f 32 | 0 |
Coverages Umbrella Coverage B Bodily Injury And Property Damage Liability Coverage continued for bodily injury or property damage caused by an eceurrence o which this coverage applics This coverage applics only o such bodily injury or property damage that occurs during the policy period. Dam s tor bodily injury include dama aimed by a person or oreanization for care or loss of Bodily Injury And Property Damage Liability Coverage continued Advertising Injury And Personal Injury Liability Coverage for bodily injury or property damage caused by an eceurrence which this cover applics. This coverage applies only to such bodily injury or property damage that occurs during the policy period. Damages for bodily injury include damages claimed by a person or organization for care or loss of services resulting at any time from the bodily injury This cover does not apply to any part of A loss 0 which underlying insurance would apply regardless of whether or not 1. underlying insurance is available and 2. the applicable underlying limits have been exhausted B loss 0 which underlying limits apply or. any costs or expenses related o loss as described in paragraphs A. or B. above. We have no obligation under this insurance with respect to any claim or suit settled without our consent Other than as provided under the Investigation Defense And Settlements and Supplementary Payments scctions of this contract we have no other obligation or liability 0 pay sums or perform acts or s rvices under this coverage. Subject to all of the terms and conditions applicable o Umbrella Coverage B we will pay on behalf of the insured loss because of liability imposed by law or. assumed in an insured contract for advertis jury or personal injury to which this coverage applics This coverage applies only to such advertising injury or personal injury caused by an offense that is first committed during the policy period. This coverage does not apply to any part of A loss 10 which underlying insurance would apply regardless of whether or not 1. underlying insurance is available and 2. the applicable underlying limits have been exhausted B loss to which underlying limits apply or. any costs or expenses related o loss as described in paragraphs A. or B. above. We have no obligation under this insurance with respect to any claim or suit settled without our consent. Other than as provided under the Investigation Defense And Settlements and Supplementary Payments sections of this contract we have no other obligation or liability to pay sums or perform acts or services under this coverage. Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 4 of 32 | 1 |
cHUBE Chubb Commercial Excess And Umbrella Insurance Investigation Defense And Settlements Supplementaryy Payments Subject to all of the terms and conditions of this insurance we will have the right and duty o defend the insured. under Excess Follow Form Coverage A against a suit in connection with loss 0 which such coverage applies if the applicable underlying limits have been exhausted by payment of judgments settlements or related costs or expenses if such costs or expenses reduce such limits or under Umbrella Coverage B against a suit 1o which such coverage applies even if such suit is false fraudulent or groundless. We have no duty o defend any person or organization against any claim or suit. to which this insurance does not apply or i any other insurer has a duty to defend When we have the duty to defend we may at our discretion investigate any occurrence or offense and settle any claim or suit. In all other cases we may at our discretion participate in the investigation defense and setlement of any oceurrence offense claim or suit. Our duty to defend any person or organization ends when we have used up the applicable Limit Of Insurance T o S Subject to all of the terms and conditions of this insurance under Excess Follow Form Coverage A or Umbrella Coverage B A we will pay with respect o a claim we investigate or settle or a s defend against an insured we 1. the expenses we incur. 2 the costof a. bail bonds or b bonds required to 1 appeal judgments or 2 release attachments but only for bond amounts within the available Limit Of Insurance. We do not have to furnish these bonds. 3 reasonable expenses incurred by the insured at our request o assist us in the investigation or defense of such claim or suit including actual loss of carnings up to 1000 a day because of time off from work. costs taxed against the insured in the suit except any a. attorney fees or litigation expenses or b. other loss cost or expense in connection with any injunction or other equitable relief. prejudgment interest awarded against the insured on that part of a judgment we pay. If we make an offer o pay the applicable Limit Of Insurance we will not pay any prejudgment interest based on that period of time after the offer. Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 5 of 32 | 1 |
Supplementary Payments continued S e Coveraye Mferritory Excess Follow Form Coverage A Umbrella Coverage B Who Is An Insured Excess Follow Form Coverage A 4Wh a Is An Insured Umbrella Coverage B Sole Proprietorships Partnerships Or Joint Ventures 6. interest on the full amount of a judgment that accrues after entry of the judgment and before we have paid offered o pay or deposited in court the part of the judgment that is within the applicable Limit Of Insurance. B Supplementary Payments does not include any fine o other penalty. Supplementary Payments will not reduce the Limits OF Insurance Our obligation o make these payments ends when we have used up the applicable Limit OF Insurance. S s With respect to Excess Follow Form Coverage A this insurance applies anywhere that the applicable underlying insurance applics With respect to Umbrella Coverage B this insurance applies anywhere With respect to Excess Follow Form Coverage A the following persons and organizations qualiy as insureds N the Named Insured shown in the Declarations and. other persons or organizations gualifying as an insured in underlying insurance but not beyond the extent of any limitation imposed under any contract or agreement With respect to Umbrella Coverage B the following persons and organizations qualify as 1f you are an individual you and your spouse are insureds but you and your spouse arc insureds only with respect to the conduct of a business of which you are the sole owner. 1 t you die. persons or organizations having proper temporary custody of your property are insureds but they are insureds only with respect o the maintenance or use of such property and only for acts until your legal representative has been appointed and reds but they are insureds only with respect o their Such legal representatives will assume your rights and. your legal representatives ar duties as your legal representativ duties under this insurance. If you are a partnership including a limited liability partnership or a joint venture you are an insured. Your members your partners and their spouses are insureds but they arc insureds only with respect to the conduct of your business R Partnerships Or Joint Ventures B e Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 6 of 32 | 1 |
cHUBEB Chubb Commercial Excess And Umbrella Insurance Who Is An Insured Umbrella Coverage B continued Limited Liability Companies Other Organizations Employees Volunteers Real Estate Managers Lessors Of Equipment Lessors Of Premises If you are a limited liability company you are an insured. Your members and their spouses are insureds but they are insureds only with respect to the conduct of your business. Your managers are insureds but they are insureds only with respect o their duties as your managers. If you are an organization including a professional corporation other than a partnership joint venture or limited liability company you are an insured. Your directors and officers arc insureds but they are insureds only with respect t their duties as your directors or officers. Your stockholders and their spouses are insureds but they are insureds only with respect to their liability as your stockholders. Your employees are insureds but they are insureds only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. Persons who are volunteer workers for you are insureds but they are insureds only for acts within the scope of their activities for you and at your direction. Persons other than your employees or organizations while acting as your real estate managers are insureds but they are insureds only with respect o their duties as your real estate managers. Persons or organizations from whom you lease equipment are insureds but they are insureds only with respect o the maintenance or use by you of such equipment and only if you are contractually obligated to provide them such insurance as is afforded by this contract However no such person or organization is an insured with respect to any damages arising out of their sole negligence or. occurrence that oceurs or offense that is committed after the equipment lease ends. Persons or organizations from whom you lease premises are insureds but they are insureds only with respect to the ownership maintenance or use of that particular part of such premises leased to you and only if you are contractually obligated to provide them with such insurance as is afforded by this contract. However no such person or organization is an insured with respect to any. damages arising out of their sole negligence. occurrence that occurs or offense that is committed after you cease 0 be a tenant in the premises or. structural alteration new construction or demolition operations performed by or on behalf of them Employees Volunteers Real Estate Managers Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 7 of 32 | 1 |
Who Is An Insured Umbrella Coverage B continued Subsidiary Or Newly Acquired Or Formed Organizations If there is no other insurance available the following organizations will qualify as named insureds a subsidiary organization of the first named insured shown in the Declarations of which at the be nning of the poli period and at the time of los ured controls Subsidiary Or Newly Acquired Or Formed Organizations Limitations On Who Is An Insured Limits Of Insurance If there is no other insurance available the following organizations will qualify as named insureds. a subsidiary organization of the first named insured shown in the Declarations of which at the beginning of the policy period and at the time of loss such first named insured controls either directly or indirectly more than fifty 50 percent of the interests entitled to vote generally in the election of the governing body of such organization or a subsidiary organization of the first named insured shown in the Declarations that such first named insured acquires or forms during the policy period if at the time of loss such first named insured controls either directly or indirectly more than fifty 50 percent of the interests entitled to vote generally in the election of the governing body of such organization With respect to Umbrella Coverage B the following limitations apply 0 Who Is An Insured. A. Exceptio the extent provided under the Subsidiary Or Newly Acquired Or Formed Organizations provision no person or organization is an insured with respect to the conduct of any person or organization that is not shown as a named insured in the Declarations. B. No person or organization is an insured with respect o the 1. ownership maintenance or use of any assets or 2. conduct of any person or organization whose assets business or organization you acquire either directly or indirectly for any bodily injury or property damage that occurred or. advertising injury or personal injury arising out of an offense first committed in whole or in part before you directly or indirectly acquired such assets organization.. business or. No person or organization is an insured with respect o the conduct of any partnership including any limited liability partnership joint venture or limited liability company that is not shown as a named insured in the Declarations. O With respect to all coverages under this contract the Limits Of Insurance shown in the Decl and the rules below fix the most we will pay regardless of the number of insureds claims made or suits brought persons or organizations making claims or bringing suits wehicles involved or coverages provided in this contract. Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 8 of 32 | 1 |
cHUBEB Chubb Commercial Excess And Umbrella Insurance Limits Of Insurance continued Excess Coverage Other Aggregate Limit Umbrella Coverages Aggregate Limit Products Completed Operations Aggregate Limit Advertising Injury And Personal Injury Aggregate Limit Each Occurrence Limit The aggregate limits apply separately o each consecutive annual period and to any remaining period of less than twelve 12 months starting with the heginning of the policy period shown in the Declarations provided the applicable aggregate limits in underlying insurance apply in such manner. If the aggregate limits in underlying insurance do not so apply the applicable aggregate limits of this insurance will apply to the entire policy period and not separately to any portion whether annual or otherwise thereof. If the policy period is extended after issuance the additional period will be deemed part of the last preceding period for purposes of determining the Limits OF Insurance. Subject t the Each Occurrence Limit the Excess Coverage Other Aggregate Limit is the most we will pay for the sum of loss under Excess Follow Form Coverage A except los included in the products completed operations hazard arising out of advertising injury or personal injury or otherwise covered by underlying insurance but o which no aggregate limit in such underlying insurance applics ixcess Coverages Other Aggregate Limit will apply separately to loss in the same manner as arcgate limit so applies in each coverage or policy described in the Schedule Of Underlying Insurance. Subject to the Each Occurrence Limit the Umbrella Coverages Aggregate Limit is the most we will pay for the sum of less under Umbrella Coverages except loss included in the products completed operations hazard or arising out of advertising injury or personal injury. Subject to the Each Occurrence Limit the Products Completed Operations Aggregate Limit s the most we will pay for the sum of loss included in the products completed operations hazard even if such loss is or otherwise would be covered in whole or in part under more than one coverage. The Advertising Injury And Personal Injury Aggregate Limit is the most we will pay for the sum of loss for advertising injury and personal injury even if such loss is or otherwise would be covered in whole or in part under more than one coverage. The Fach Occurrence Limit is the most we will pay for the sum of less arising out of any one oceurrence even if such loss is or otherwise would be covered in whole or in part under more than one coverage. Any amount paid for less will reduce the amount of the applicable aggregate limit available for any other payment. If the applicable aggregate limit has been reduced to an amount that is less than the Each Occurrence Limit the remaining amount of such aggregate limit is the most that will be available for any other payment. Excess Coverage Other Aggregate Limit Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 9 of 32 | 1 |
When Excess Follow Form Coverage A Applies Drop Down Exclusions Excess Follow Form Coverage A Pollution Subject to all of the terms and conditions of this insurance with respect Excess Follow Form Coverage A if the applicable underlying limits arc. reduced by payment of judgments settlements or related costs or expenses if such costs or expenses reduce such limits Excess Follow Form Coverage A will drop down to apply in of the remaining amount of the applicable underlying limits or exc. exhausted by payment of judgments settlements or related costs or expenses if such costs or expenses reduce such limits Excess Follow Form Coverage A will apply in the same manner as the applicable underlying insurance would have applicd but for such exhaustion. With respect to s Follow Form Coverage A the following exclusions apply. A This insurance does not apply to any liability or loss cost or expense arising out of the actual. allesed or threatened discharoe. dispersal o eceane of Al B. This insurance does not apply o any liability or oss cost or expense arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants other than as described in paragraph C. below. Paragraph A. above does not apply to 1 bodily injury or property damage included in the products completed operations hazard bodily injury or property damage a. caused by the escape of operating fluids which are needed o perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts b if sustained within a building and caused by the release of gaseous irritants or contaminants from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor or C. resulting from your other ongoing contracting operations bodily injury if sustained within a building and caused by the e irritants or contaminants from equipment used to heat that building cape of gaseous bodily injury or property damage caused by heat smoke or fumes from a hostile fire or bodily injury o property damage resulting from the ownership maintenance or use of an auto. This insurance does not apply to any liability or loss cost or expense arising out of the actual alleged or threatened discharge dispersal seepage migration relcase or escape of pollutants 1 which are or were at any time transported handled stored disposed of processed or treated as waste by or for any a insured or b. person or organization for whom any insured may be legally responsible. at or from any premises site or location for the a. which is or was at any time used by or for any insured or others handling storage disposal processing or treatment of waste or Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 10 0of 32 | 1 |
cHUBEB Exclusions Excess Follow Form Coverage A Pollution continued Chubb Commercial Excess And Umbrella Insurance b on which any insured or any contractor or subcontractor working directly or indirectly on any insured s behalf is performing operations if the operations are o test for monitor clean up remove contain treat detoxity or neutralize b on which any insured or any contractor or subcontractor working dircctly or indirectly on any insured s behalf is performing operations if the operations are o test for monitor clean up remove contain treat detoxify or neutralize orin any way respond to or assess the effects of pollutants. D. This insurance does not apply 10 any loss cost or expense arising out of any 1 request demand order or regulatory or statutory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond o or assess the effects of pollutants or 2. claim or proceeding by or on hehalf of any governmental authority or others for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. Paragraph D. above does not apply to the liability for damages for property damage that the insured would have in the absence of such request demand order or regulatory or statutory requirement or such claim or proceeding by or on behalf of a governmental authority Ihis exclusion applies regardless of whether or not the pollution was accidental expected gradual intended preventable or sudden. Obligations Of Underlying Insurance Underlying Insurance Exclusions Exclusions Umbrella Coverage B Bodily Injury Property Damage Aircraft Owned Or Rented Without Crew This insurance does not apply to any liability or loss cost or expense for which the liability or obligation under underlying insurance is by law unlimited Notwithstanding anything o the contrary set forth in any other provision of this contract this insurance does notapply to any liability or loss cost or expense to which the terms and conditions of underlying insurance do not apply. S S R With respect to Umbrella Coverage B Bodily Injury And Property Damage Liability Coverage the following exclusions apply. This insurance does not apply to bodily injury or property damage arising out of the ownership maintenance use use includes operation and loading or unloading or entrustment to others of any aircraft owned or operated by or loaned or rented o any insured This exclusion does not apply to an aircraft that is loaned or rented w you with a paid trained crew and notowned in whole or in part by any insured. B PR Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 11 0f 32 | 1 |
Exclusions Umbrella Coverage B Bodily Injury Property Damage continued Autos U.S.A. Canada Or Puerto Rico Damage To Impaired Property Or Property Not Physically Injured Damage To Insureds Property Damage To Your Product This insurance does notapply bodily injury or property damage arising out of the ownership maintenance use use includes operation and loading or unloading or entrustment o others of any auto owned or operated by or loaned or rented to any insured This exclusion does not apply o bedily injury or property damage caused by an occurrence that takes place outside of the United States of America including its possessions or territories Canada and Puerto Rico. Ihis insurance does not apply to property damage o impaired property or. property that has not been physically injured arising out of any defect deficiency inadequacy or dangerous condition in your product or your work or. delay or failure by you or anyone acting on your behalf to perfom a contract or agreement in accordance with its terms and conditions. This exclusion does not apply to the loss of usc of other tangible property resulting from sudden and accidental physical injury o your product or your work after it has been put w its intended use This insurance does not apply o property damage o any property owned by you or ofany insured thatis in the care control or custody of any other insured. Ihis insurance does not apply 0 property damage o your product arising out of it or any part of it. R s Damage To Your Work Or This insurance does not apply o property damage 10 Related Property. your work arising out of it or any part of it. that particular part of real property on which you or any contractor or subcontractor working directly or indirectly on your hehalf is performing operations if the property damage ariscs out of those operations or. that particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 12 of 32 | 1 |
C Chubb Commercial Excess And Umbrella Insurance cHUBB Exclusions Umbrella Coverage B Bodily Injury Property Damage continued Expected Or Intended This insurance does not apply to bodily injury or property damage arising out of an act that Injury isintended by the insured or Expected Or Intended This insurance does not apply o bodily injury or property damage arising out of an act that Injury is intended by the insured or. would be expected from the standpoint of a reasonable person in the circumstances of the insured to cause bodily injury or property damage even if the actual bodil is of a different degree or type than intended or expected njury or property damage This exclusion does not apply badily injury or property damage resulting from the use of reasonable force 0 protect persons or tangible property. Loss In Progress This insurance does not apply to bodily injury or property damage that is a change continuation or resumption of any bodily injury or property damage known by you prior to the beginning of the policy period to have occurred. Bodily injury or property damage will be deemed o be known by you A if such injury or damage is known by or should have been known from the standpoint of a reasonable person in the circumstances of Lo you 2. any of your directors managers members officers or their designees or partners whether or not an employee and B. when any person described in paragraph A. above 1. reports all or any part of any such injury or damage o us or any other insurer 2. receives a claim or a demand for damages because of any such injury or damage or 3. becomes aware that any such injury or damage has occurred or has begun to oceur. Watercraft Owned This insurance does not apply to bodily injury or property damage arising out of the ownership maintenance use use includes operation and loading or unloading or entrustment 1o others of any watercraft owned or operated by or loaned or rented o any insured. This exclusion does not apply to a watercraft while ashore on premises owned by or rented to you or thatis notowned in whole or in part by any insured. R s s S Watercraft Owned Chubb Commercial Excess And Umbrelia Insurance Form 07 02 0815 Rev. 7 01 Contract Page 13 of 32 | 1 |
Exclusions Umbrella Coverage B Advertising Injury Personal Injury Breach Of Contract With respect o Umbrella Coverage B Advertising Injury And Personal Injury Liability Coverage the following exclusions apply This insurance does not apply o advertising injury or personal injury arising out of breach of contract. Breach Of Contract Continuing Offenses Crime Or Fraud Expected Or Intended Injury Failure To Conform To Representations Or Warranties Internet Activities Prior Offenses This insurance does not apply o advertising injury or personal injury arising out of breach of contract. This insurance does not apply o advertising injury or personal injury that arises out of that part of an offense that continues or resumes after the later of the end of the policy period of A this insurance or B. asubsequent continuous renewal or replacement of this insurance that 1. is issued to you by us or by an affiliate of ours 2 remains in force while the offense continues and 3. would otherwise apply o advertising injury and personal injury. This insurance does not apply 10 advertising injury or personal injury arising out of any criminal or fraudulent conduet commitied by or with the consent or knowledge of the insured. This insurance does not apply to advertising injury or personal injury arising out of an offense committed by or behalf of the insured that isintended by such insured or would be expected from the standpoint of a reasonable person in the circumstances of such insured 10 cause injury. This insurance does not apply o advertising injury or personal injury arising out of the failure of goods products or services o conform with any electronic oral written or other representation or warranty of durability fitness performance quality or use. This insurance does not apply o advertising injury or personal injury arising out of. controlling creating designing or developing of another s Internet site. controlling creating designing developing determining or providing the content or material of another s Internet site. controlling facilitating or providing or failing to control facilitate or provide ac to the Internet or another s Internet site or. publication of content or material on or from the Internet other than material developed by you or at your direction This insurance does not apply 10 advertising injury or personal injury arising out of any offense first committed before the beginning of the policy period. Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 14 of 32 | 1 |
cHUBEB Exclusions Umbrella Coverage B Advertising Injury Personal Injury continued Publications With Knowledge Of Falsity Chubb Commercial Excess And Umbrella Insurance This insurance does not apply to advertising injury or personal injury arising out of any electronic oral written or other publication of material by or with the consent of the insured Publications With Ihis insurance does not apply o advertising injury or personal injury arising out of any Knowledge Of Falsity electronic oral written or other publication of material by or with the consent of the insured. with knowledge of its falsity or ilareasonable person in the circumstances of such insured would have known such material 10 be false. Wrong Description Of This insurance does not apply to advertising injury or personal injury arising out of the wrong Prices description of the price of goods products or services. Exclusions With respect to Umbrella Coverage B Bodily Injury And Property Damage Liability Coverage and Umbrella Coverage B Advertising Injury And Personal Injury Liability Coverage the following exclusions apply. Bodily Injury Property Damage Advertising Injury Personal Injury Employee Or Worker Injury A. This insurance does not apply o bodily injury property damage advertising injury or personal injury sustained by an employee or temporary worker of the insured arising out of and in the course of 1. employment by the insured or 2. performing duties related o the conduct of the insured s business. B This insurance does not apply to bodily injury property damage personal injury or advertising injury sustained by the brother child parent sister o spouse of such injured person as a consequence of any injury or damage described in paragraph A. ahove. This exclusion applics. whether the insured m be liable as an employer or in ar v other capacity and. 0 any obligation o share damages with or repay someone else who must pay damages because of any injury or damage described in paragraphs A. or B. above. Enhancement This insurance does not apply to any loss cost or expense incurred by you or others for any i vention Maintenance Or Preventio A. enhancement or maintenance of any property or Expenses B. prevention of any injury or damage to any 1. person or organization or 2. Property you own rent or occupy. Wrong Description Of Prices Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 15 of 32 | 1 |
Exclusions Umbrella Coverage B Bodily Injury Property Damage Adbvertising Injury Personal Injury continued Intellectual Property Laws Or Rights Pollution Recall Of Products Work Or Impaired Property This insurance does not apply o any actual or alleged bodily injury property damage advertising injury or personal injury arising out of giving risc o or in any way related o any actual or alleged. assertion or. infringement or violation ny person or organization includir sured of any intellectual property law or right rdless of whether this insurance would otherwise apply o all or part of any such actual or alleged injury or damage in the absence of any such actual or alleged assertion infringement or violation. This exclusion applies unless such injury. is caused by an offense described in the definition of advertising injury and does not arise out of give rise o or in any way relate o any actual or alleged assertion infringement or violation of any intellectual property law or right other than one described in the definition of advertising injury. A. This insurance does not apply to bodil personal injury arising out of the actual alle migration release or escape of pollutants. property damage advertising injury or ed or threatened discharge dispersal seepage B. This insurance does not apply to any loss cost or expense arising out of any 1. request demand order or regulatory or statutory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond o or assess the eff s of pollutants or 2. claim or proceeding by or on behalf of a governmental authority or others for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. This exclusion applies regardless of whether or not the pollution was accidental expected gradual intended preventable or sudden. This insurance does not apply to damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of your product. your work or. impaired property Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 16 of 32 | 1 |
cHUBEB Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury Recall Of Products Work Or Impaired Property continued Policy Exclusions Asbestos Coverages Laws Various Employee Retirement Income Security Laws Employment Related Practices Chubb Commercial Excess And Umbrella Insurance i such product work or property is withdrawn or recalled from the market or from use by any person or organization hecause of a known or suspected defect deficiency inadequacy or dangerous condition in it. With respect o all coverages under this contract the following exclusions apply. Al This insurance does not apply o any liability or loss cost or expense arising out of the actual alleged or threatened contaminative pathogenic toxic or other hazardous properties of ashestos. B. This insurance does not apply to any loss cost or expense arising out of any 1 request demand order or regulatory or statutory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond o or assess the effects of asbestos or 2. claimor proceeding by or on behalf of a governmental authority or others for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding o or assessing the ashestos. This insurance does not apply o any liability or loss cost or expense or obligation of any insured under any medical expenses or payments coverage. no fault law. personal injury protection coverage underinsured or uninsured financial responsibility law workers compensation disability benefits or unemployment compensation law or similar coverage or law. This insurance does not apply to any liability or loss cost or expense or obligation of any insured under the United States of America Employees Retirement Income Seeurity Act E.R.LS.A. of 1974 or any similar law as now constituted or hereafter amended A. This insurance does not apply to any liability or loss cost or expense in connection with any damages sustained at any time by any person whether or not sustained in the course of employment by any insured arising out of any employment related act omission policy. practice or representation directed at such person occurring in whole or in part at any time including any 1 arrest detention or imprisonment Chubb Commercial Excess And Umbrelia Insurance Form 07 02 0815 Rev. 7 01 Contract Page 17 of 32 | 1 |
Policy Exclusions Employment Related 2 breach of any express or implied covenant Practices 1. e. 3. coercion criticism humiliation prosecution or retaliation continued 4. defamation or disparagement Employment Related 2 Practices breach of any express or implied covenant. 3. coercion criticism humiliation prosecution or retaliation continued 4. defamation or disparagement 5. demotion discipline evaluation or reassignment 6. discrimination harassment or segregation 7. a. eviction or b invasion or other violation of any right of occupancy 8. failure or refusal to advance compensate employ or promote 9. invasion or other violation of any right of privacy or publicity 10 termination of employment or 11 other employment related act omission policy practice representation or relationship in connection with any insured at any time. B. This insurance does not apply to any liability or loss cost or expense in connection with any damages sustained at any time by the brother child parent sister or spouse of such person at whom any employment related act omission policy practice or representation is directed as described in paragraph A. above as a consequence thereof. This exclusion applies. whether the insured may be liable as an employer or in any other capacity and toany obligation to share damages with or repay someone else who must pay damages because of any of the foregoing. Nuclear Energy A This insurance does not apply to any liability or loss cost or expense 1. with respect o which any insured under this policy also has status as an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance ssociation Mutual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors or would have had status as an insured under any such policy but for its termination upon exhaustion of its limit of insurance or 2. arising out of the nuclear hazardous properties of nuclear material and with respect o which a. any person or organization is required to maintain financial protection pursuant 0 the United States of America Atomic Energy Act of 1954 or any law amendatory thereof or b the insured is or had this policy not heen issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization. B. This insurance does not apply to any liability or loss cost or expense arising out of the nuclear hazardous properti L. of nuclear material it the nuclear material 4 isatany nucear fac insured y owned by or operated by or on behalf of any Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 18 of 32 | 1 |
K. cHUBB Chubb Commercial Excess And Umbrella Insurance Policy Exclusions Nuclear Energy continued b has been discharged or dispersed therefrom or is contained in nuclear spent fuel or nuclear waste at any time transported handled stored disposed of processed treated possessed or used by or on behalf of any insured or Nuclear Energy continued Conditions Appeals Audit Of Books And Records Bankruptcy Cancellation Changes Compliance By Insureds b has been discharged or dispersed therefrom or is contained in nuclear spent fuel or nuclear waste at any time transported handled stored disposed of processed treated possessed or used by or on behalf of any insured or 2. inany way related o the furnishing by any insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility. But if such facility is located within the United States of America including its possessions or territories or Canada this subparagraph 2. applies only to nuclear property damage o such nuclear facility and any property there A S e With respect to all coverages under this contract the following conditions apply. We may at our discretion initiate or participate in an appeal of a judgment if such judgment may result in a payment under this insurance. If we initiate or participate in an appeal we will pay our costs of the appeal. But in no case will the amount we pay for loss exceed the Limits Of Insurance. We may audit your books and records as they relate to this insurance at any time during the term of this policy and up 1o three years afterwards. Bankrupicy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this insuranc The first named insured may cancel this policy or any of its individual coverages at any time by sending us a written request or by returning the policy and stating when thereafter cancellation is to take effect. We may cancel this policy or any of its individual coverages at any time by sending o the first named insured a notice sixty 60 days twenty 20 days in the event of non payment of premium in advance of the cancellation date. Our notice of cancellation will be mailed to the first named insured s last known address and will indicate the date on which coverage is terminated. If notice of cancellation is mailed proof of mailing will be sufficient proof of notice. The carned premium will be computed on a pro rata basis. Any uncarned premium will be returned as soon as practicable This policy can only be changed by a written endorsement that hecomes part of this policy. The endorsement must be signed by one of our authorized representatives. We have no duty to provide coverage under this policy unless you and any other involved insured have fully complied with all of the terms and conditions of the policy. Cancellation Changes Compliance By Insureds i Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 19 of 32 | 1 |
Conditions continued Conformance Any terms of this insurance which are in conflict with the applicable statutes of the State in which this policv is issued are amended to conform to such statutes. Conformance Disclosures And Representations Duties In The Event Of Occurrence Offense Claim Or Suit Any terms of this insurance which are in conflict with the applicable statutes of the State in which this policy is issued are amended to conform to such statutes. We have i sued this insurance Based upon representations you made to us and in reliance upon your representatives. Unintentional failure of an employee of the insured to disclose a hazard or other material information will not violate this condition unle s an officer whether or not an employee of any insured or an officer s designee knows about such hazard or other material information. A B. D. You must see to it that we and any insurers of underlying insurance are notified as soon as practicable of any occurrence or offense that may result in a claim if the claim may involve us or other insurers. To the extent possible notice should include 1. how when and where the occurrence or offense happened 2. the numes and addresses of any injured persons and witnesses and 3. the nature and location of any injury or damage arising out of the occurrence or offense. Notice of an occurrence or offense is not notice of a claim. 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 2. notify us and any other insurers as soon as practicable and 3 see o it that we receive written notice of the claim or suit as soon as practicable. You and any other involved insured mu 1. immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2. authorize us 1o obtain records and other information 3. cooperate with us and any other insurers in the a. investigation or settlement of the claim or b defense against the suit and 4. assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of loss o which this insurance may also apply. No insureds will except at that insured s own cost make any payment assume any obligation or incur any expense without our consent Notice given by or on behalf of L. theinsured e Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 20 of 32 | 1 |
C Chubb Commercial Excess And Umbrella Insurance cHuUBEB Conditions Duties In The Event Of 2. the injured person or Occurrence Offense Claim Or Suit continued 0 alicensed agent of ours with particulars sufficient to identify the insured shall be deemed notice o us. 3. any other claimant Duties In The Event Of Occurrence Offense Claim Or Suit continued First Named Insured Inspections And Surveys Joint Duties In Non Admitted Jurisdictions 2. the injured person or 3. any other claimant 1o a licensed ag notice 10 us. ntof ours with particulars sufficient to identify the insured shall be deemed. Knowledge of an occurrence or offense by an agent or employee of the insured will not constitute knowledge by the insured unless an ofticer whether or not an employee of any insured or an officer s designee knows about such oceurrence or offense. G. Failure of an agent or employee of the insured other than an officer whether or not an employee of any insured or an officer s designee to notify us of an occurrence or offense which such person knows about will not affect the insurance afforded to you. H. Ifaclaim or loss does not reasonably appear o involve cither this insurance or any underlying insurance but it later develops into a claim or loss to which this insurance applies the failure o report it o us will not violate this condition provided the insured gives us immediate notice as soon as the insured is aware that this insurance may apply to such claim or los The person or organization first named in the Declarations is primarily responsible for payment of all premiums. The first named insured will act on behalf of all other named insureds for the giving and receiving of notice of cancellation or nonrenewal and the receiving of any return premiums that become payable under this policy. We may make inspections and surveys at any time. give you reports on the conditions we find and. recommend changes. Any inspections surveys reports or recommendations relate only o insurability and the premiums 10 be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization o provide for the health or safety of workers or the public. And we do not varrant that conditions are safe or healthful or comply with laws regulations codes o standards This condition applies not only o us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys reports or recommendations for us. With respect t an occurrence offense claim or suit to which this insurance applies that arises in a non admitted jurisdiction A. we have no duty to defend any person or organization against any claim or suit but we may at our discretion assume control of or participate in any investigation defense settlement or recovery proceeding B. you and any other insured must Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 21 of 32 | 1 |
Conditions Joint Duties In Non 1 make such investigation defense or settlement as we deem reasonable Admitted Jurisdictions. 2. obtain our approval for any payment and continued in accordance with the terms and conditions of effect approved payments to othel Joint Duties In Non Admitted Jurisdictions continued Legal Action Against Us Maintenance Of Underlying Insurance And Underlying Limits 1 make such investigation defense or settlement as we deem reasonable 2. obtain our approval for any payment and 3. cffect approved payments to others in accordance with the terms and conditions of this insurance.. we will reimburse funds o the insured for payments approved by us for L loss and 2. expenses and other payments to which this insurance applies. D. we will make those reimbursements 1. in a jurisdiction that is mutually acceptable and 2. until we have used up the applicable Limits Of Insurance. No person or organization has a right under this insurance to joinusasaparty or otherwise bring us into a suit secking damages from an insured or. sue us on this insurance unless all of the terms and conditions of this insurance have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured obtained after an actual o trial in acivil proceeding or. arbitration or other alternative dispute resolution proceeding but we will not be liable for damages that are not payable under the terms and conditions of this insurance or that are in excess of the applicable Limits Of Insurance. We have issued this insurance in reliance upon representations made by you about underlying insurance and underlying limits. You must see o it that. underlying insurance is and remains valid and in full force and effect. underlying insurance will not be cancelled non renewed or rescinded without replacement by coverage w which we agree. the terms and conditions of underlying insurance will not materially change unless we agree otherwise. the terms and conditions of renewals or replacements of underlying insurance shown in the Schedule Of Underlying Insurance will be materially the same as the prior coverage unless we agree otherwise. the underlying limits are and remain available regardless of any bankruptey insolvency or other financial impairment of any insurer or any other person or organization the underlying limits shown in the Schedule Of Underlying Insurance will not be reduced or exhausted except for the reduction or exhaustion by payment of judgments settlements or related costs or expenses if such costs or expenses reduce such limits. Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 22 of 32 | 1 |
cHUBE Chubb Commercial Excess And Umbrella Insurance Conditions Maintenance Of Underlying Insurance And Underlying Limits continued Other Insurance Separation Of Insureds Titles Of Paragraphs Transfer Of Rights And Duties Transfer Or Waiver Of Rights Of Recovery Against Others Failure to comply with this condition will not invalidate this insurance. But in the case of any such failure our obligation or liability will not exceed that which would have applied absent any failure to comply with this condition. You must notify us s soon as practicable if any underfying insurance is no longer valid or in full force or effect. It other valid and collectable insurance is available to the insured for loss we would otherwise cover under this insurance our obligations are limited as follows. This insurance is excess over any other insurance whether primary excess contingent or on any other basis. We will have no duty to defend the insured against an has a duty to detend such insured against such suit. it if any provider of any other insurance We will pay only our share of the amount of loss if any that exceeds the sum of the total. amount that all other insurance would pay for loss in the absence of this insurance and. of all deductible and self insured amounts under all other insurance. This insurance is not subject to the terms or conditions of any other insurance. Except with respect o the Limits Of Insurance and any rights or duties specifically assigned in this rance o the first named insured this rance applies. as if each named insured were the only named insured and. separately to cach insured against whom claim is made or suit is brought. The titles of the various paragraphs of this policy and endorsements if any attached 1o this policy are inserted solely for convenience or reference and are not to e deemed in any way to limit or afffect the provisions to which they relate. Your rights and duties under this insurance may not be transferred without our written consent. However if you die then your rights and duties will be transferred o your legal representative but only while acting within the scope of duties as your legal representative or to anyone having temporary custody of your property until your legal representative has been appointed. We will waive the right of recovery we would otherwise have had against another person or organization for loss to which this insurance applies provided the insured has waived their rights of recovery against such person or organization in a contract or agreement that is executed before loss. To the extent that th red s rights to recover all or part of any payment made under this insurance have not been waived those rights are transferred to us. The insured must do nothing after 1oss o impair them. At our request the insured will bring suit or transfer those rights o us and help us enforce them. Other Insurance Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 23 of 32 | 1 |
Conditions Transfer Or Waiver Of Any amount recovered will be apportioned as follows fg s Oecovery tirst we shall receive all amounts recovered until we have been fully reimbu gainst Others amounts we have incurred including costs or expenses of such recovery proceedings. continued. Then you are entitled to claim for any further amount recovered. Transfer Or Waiver Of Any amount recovered will be apportioned as follows fgh s Ogeey first we shall receive all amounts recovered uniil we have been fully reimbursed for all gainst Othe amounts we have incurred including costs o expenses of such recovery proceedings. continued Then you are entitled o claim for any further amount recovered. red stated in When We Do Not Renew It we decide not 1o renew this policy we will mail or deliver to the first named cfore the expiration the Declarations written notice of the nonrenewal not less than sixty 60 days date. It notice of nonrenewal is mailed proof of mailing will be sutficient proof of notice. S Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 24 of 32 | 1 |
cHUBB Chubb Commercial Excess And Umbrella Insurance Definitions Umbrella Coverage B Advertisement Advertising Injury Auto Bodily Injury Employee Impaired Property WITH RI TO UMBRELLA COVERAGE B WHEN USED W INSURANCE UNDER THIS CONTRACT WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. Advertisement means an cl designed for the specific purpose of attracting the general public or a specific market segment o use such goods products or services. tronic oral written or other notice about goods products or services Advertisement docs not include any e mail address Internet domain name or other clectronic address or metalanguage. Advertising injury means injury other than bodily injury property damage or personal injury sustained by a person or organization and caused by an offense of infringing in that particular part of your advertisement about your goods products or services upon their copyrighted advertisement or. registered collective mark slogan symbol or title. stered service mark or other registered trademarked name Auto means a land motor vehicle trailer or semi trailer designed for travel on public roads including any attached machinery or equipment. But auto does not include mobile equipment Bodily injury means physical. injury. sickness or. disease sustained by a person including resulting death humiliation mental anguish mental injury or shock at any time. All such loss shall be deemed to oceur at the time of the physical injury sickness or disease that caused it Employee includes leased worker. Employee does not include a temporary worker. Impaired property means tangible property other than your product or your work that can not be used or is less usetul because. it incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or. you have failed to fulfill the terms or conditions of a contract or agreement it such property can be restored to use by. the repair replacement adjustment or removal of your product or your work or. your fulfilling the terms or conditions of the contract or agreement. Advertising Injury Bodily Injury Employee e Impaired Property Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 25 of 32 | 1 |
Definitions Umbrella Coverage B continued Insured Contract Intellectual Property Law Or Right Leased Worker Loading Or Unloading Occurrence Officer WITH RESPECT TO HAT APPI WITH RESPECT TO UMBRELLA COVERAGE B WHEN USE INSURANCE UNDER THIS CONTRACT WORDS AND PHRA BOLD PRINT HAVE PECIAL MEANINGS DESC Insured contract means an oral or writien contract or agreement pertaining o your business in which you assume the tort liability of another person or organization to pay damages to which this insurance applies sustained by a third person or organization provided the injury or damage oceurs or is caused by an offense that is first committed after the execution of such contract or agreement. Intellectual property law or right means any centification mark copyright patent or trademark including collective or service mark. right 1o or judicial or statutory law recognizing an interest in any trade secret or confidential or proprietary non personal information. other right to or judicial or statutory law recognizing an interest in any expression idea likeness name slogan style of doing business symbol title trade dress or other intellectual property or. other judicial or statutory law concerning piracy unfair competition or other similar practices Leased worker means a person leased 0 a party by labor leasing firm in a contract or agreement between such party and the labor leasing firm to perform duties related to the conduct of the party s business. Leased worker docs not include a temporary worker. Loading or unloading A. means the handling of property 1. after it is moved from the place where it is accepted for movement into or onto an aircraft auto or watercrafl 2. while it is in or on an aircraft auto or watercraft or while it is being moved from an aircraft auto or watereraft o the place where it is finally delivered. B does not include the movement of property by means of mechanical device other than a hand truck that is not attached o the aircraft auto or watercraft. Oceurrence means an accident including continuous or repeated exposure o substantially the general harmful conditions. same Officer means a person holding any of the officer positions created by an organization s charter constitution by laws or any other similar governing document s Occurrence S Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 26 of 32 | 1 |
Chubb Commercial Excess And Umbrella Insurance cHUBB Definitions WITH RESPECT TO UMBRELLA COVERAGE B WHEN USED WITH RESPECT TO Umbrella Coverage B INSURANCE UNDER THIS CONTRACT WORDS AND PHRASES THAT APPEAR continued BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. Personal Injury Personal injury means injury other than bodily injury property damage or advertising injury caused by an offense of A false arrest false detention or other false imprisonment B malicious prosceution. wrongful entry into wrongful eviction of a person from or other violation of a person s right of private occupancy of a dwelling premises or room that such person occupies if commited by or on behalf of its landlord lessor or owner D. electronic oral written or other publication of material that 1. libels or slanders a person or organization which does not include disparagement of 2oods products property or services or 2. violates a person s right of privacy I discrimination harrassment or segregation based on a person s protected human characteristics as established by law. Products Completed Products completed operations hazard Operations Hazard A includes all bodily injury and property damage taking place away from premises owned or oceupied by or loaned or rented to you 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 when. all of the work called for in your contract or agreement has been completed.. all of the work to be performed at the site has been completed if your contract or agreement calls for work at more than one site. that part of the work completed at a site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed B does notinclude bodily injury or property damage arising out of 1. the transportation of property unless the injury or damage results from a condition in or on a vehicle not owned or operated by or loaned or rented to 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 materials or Products Completed Operations Hazard Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 27 of 32 | 1 |
Definitions Umbrella Coverage B Products Completed Operations Hazard continued Property Damage Temporary Worker Your Product Your Work WITH RESPECT TO UMBRELLA COVERAGE B WHE PECT TO INSURANCE UNDER THIS CONTRACT WORDS AND PHRA HAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. 3. products or operations for which the classification in our rules indicates that such products or operations are not subject o the Products Completed Operations Aggregate Limits Of Insurance. Property damage means physical injury to tangible property including resulting loss of use of that property. All such loss of use shall be deemed 0 oceur at the time of the physical injury that caused it or lossof use of tangible property that is not physically injured. All such loss of use shall be deemed o oceur at the time of the occurrence that caused it Tangible property does not include any software data or other information that is in electronic form. Temporary worker means a person who is furnished to a party to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Your produ A means any 1. goods or products other than real property manufactured sold handled distributed or disposed of by a you b others trading under your name or aperson or organization whose assets or business you have acquired and 2. containers other than vehicles materials parts or equipment furnished in connection with such goods or products. B includes 1. representations or warranties made at any time with respect to the durability fitness performance quality or use of your product and 2. the providing of or failure o provide instructions or warnings.. does not include vending machines or other property loaned or rented to or located for the use of others but not sold. Your work A means any 1. work or operations performed by youoron your behalf or b. person or organization whose assets or business you have acquired and mpleted lazard Temporary Worker Your Product Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 28 of 32 | 1 |
K. CHUBEB Chubb Commercial Excess And Umbrella Insurance efinitions Umbrella Coverage B Your Work continued Policy Definitions Agreed Settlement Asbestos Hostile Fire Insured Loss Non Admitted Jurisdiction WITH RESPECT TO UMBRELLA COVERAGE B WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT WORDS AND PHRAS HAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. 2 materials parts or equipment furnished in connection with such work or operations B includes 1 representations or warranties made at any time with respect to the durability fitness performance quality or use of your work and 2. the providing of or failure to provide instructions or warnings. WITH R X TO ALL iVERrl UNDER THIS CONTRACT WHEN WITH RESPECT TO INSURANCE UNDER THIS CONTRA WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. Agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. Asbestos means ashestos in any form including its presence or use in any alloy by product or other material or waste. Waste includes material 1o be recycled reconditioned or reclaimed. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended 0 be. Insured means a person or an organization qualifying as an insured in the Who Is An Insured sections of this contract. Loss. means damages that the insured becomes legally obligated o pay because of injury or damage. does not include sums properly deducted for recoveries o salvage. Non admitted jurisdiction means any jurisdiction where we are. not licensed or permitted by law to issue insurance or prevented by law or otherwise from investigating defending or settling an occurrence offense claim or suit. Agreed Settlement Hostile Fire Insured Loss e Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 29 of 32 | 1 |
Policy Definitions continued Nuclear Facility Nuclear Hazardous Properties Nuclear Material Nuclear Property Damage DER THIS CONTRACT WHEN A UNDER THIS CONTRACT WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. WITH RESPEC Nuclear facility means any A. nuclear reactor B. equipment or device designed or used for 1. separating the isotopes of plutonium or uranium processing or utilizing nuclear spent fuel or 3. handling processing or packaging nuclear waste 2. 2 or packaging C. equipment or device used for the processing fabricating or alloying of 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 1 twenty five 25 grams of plutonium or uranium 233 or any combination thereof or 2 two hundred fifty 250 grams of uranium 235 or D. structure basin excavation premises or place prepared or used for the storage or disposal of nuclear 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 hazardous properties include radioactive toxic or explosive properties. Nuclear material means by product material source material or special nuclear material By product material source material and special nuclear material have the meanings given them in the United States of America Atomic Energy Act of 1954 or in any law amendatory thereof. Nuclear property damage includes all forms of radioactive contamination of property Nuclear Facility Nuclear reactor means any apparatus designed or used o sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material Nuclear spent fuel means any fuel clement or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor. Nuclear Reactor Nuclear Spent Fuel Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 30 of 32 | 1 |
cHUBEB Policy Definitions continued Nuclear Waste Other Insurance Pollutants Suit Underlying Insurance Underlying Limits Chubb Commercial Excess And Umbrella Insurance THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANIN BELOW. 3S DESCRIBED Nuclear waste means any waste material containing nuclear material other than the tilings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content and resulting from the operation by any person or organization of any nuclear facility described in subparagraphs A or B. of the definition of nuclear fa Other insurance means any insurance affording coverage that this insurance would also afford. Other insurance includes any type of seli insurance or other mechanism arranged for funding of loss. Other insurance docs not include underlyi apply in excess of this insurance insurance or insurance negotiated specifically o Pollutants means any solid liquid gascous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials o be recycled reconditioned or reclaimed. Suit means a civil proceeding in which damages o which this insurance applies are sought. Suit includes an arbitration or other dispute resolution proceeding in which such damages are sought and to which the insured must submit or docs submit with our consent. Underlying insurance means the coverages for the hazards described in the Schedule Of Underlying Insurance and the next renewal or replacement insurance thereof. Underlying limits means the sum of amounts A shown for the hazards described in the Schedule OF Underlying Insurance consisting of amounts 1. available under applicable underlying insurance and 2 any insured must pay hecause underlying insurance as represented by you is not available regardless of the reason B available under any applicable antecedent renewal or replacement of underlying insurance. of any allocation deductible participation retention or other self insurance applicable to the insurance described in paragraphs A. and B. above and D any reinstatement of limits or supplemental or other limits available under the insurance described in paragraphs A. and B. above Nuclear Waste Other Insurance Pollutants Underlying Limits Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 31 of 32 | 1 |
Policy Definitions Underlying Limits continued COVE ES UNDER THIS CONTRACT WHEN USED SURANCE UNDER THIS CONTRACT WORDS AND PHRAS THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. I amounts available under the applicable underlying insurance described in the Schedule Of Underlying Insurance are greater or less than the amount shown in such Schedule then the greater of such amounts shall apply in the computation of underlying limits. Underlying Limits continued Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 32 of 32 | 1 |
Chubb Commercial Excess And Umbrella Insurance cHUBE Endorsement Policy Period Effective Date Policy Number Insured To AUGUSTOL 2014 AUGUST 012013 To AUGUST 012014 August 1 2013 7985 13 19 COMMONWEALTH CHESAPEAKE COMPANY LLC Name of Company FEDERAL INSURANCE COMPANY Date Issued August 1 2013 S Under Conditions the condition titled Cancellation And When We Do Not Renew are deleted and replaced by the following YN T T P Conditions Kansas Mandatory Cancellation Cancellation We may cancel this policy by mailing or delivering o the first named insured written notice of cancellation stating the reasons for cancellation at least 10.days before the effective date of cancellation if we cancel for nonpayment of premium or. 30 days before the effective date of cancellation if w cancel for any other reason If this policy has been in effect for 90 days or more or if it is a renewal of a policy we issued we may cancel this policy only for one or more of the following reasons. nonpayment of premium this policy was issued because of material misrepresentation youorany other insured violated any of the material terms and conditions of this policy. unfavorable underwriting factors specific to you exist that were not present at the inception of this policy adetermination by the insurance commissioner that continuation of coverage could place us in hazardous financial condition or in violation of the laws of Kansas or adetermination by the insurance commissioner that we no longer have adequate reinsurance to meet our needs. SE T Chubb Commercial Excess And Umbrella Insurance Conditions Kansas Cancellation And When We Do Not Renew continued Form 07 02 1006 Rev. 5 02 Endorsement Page 1 | 2 |
Conditions Kansas Mandatory continued When We Do Not Renew If we decide not 1o renew this policy we will mail or deliver written notice of nonrenewal stating the reasons for nonrenewal o the first named insured at least 6 days prior o the expiration of the policy. If we decide not o renew this policy we will mail or deliver written notice of nonrenewal stating the reasons for nonrenewal o the first named insured at least 60 days prior to the expiration of the policy. 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. 1l other terms and conditions remain unchanged. Authorized Representative Q o S August 12013 Chubb Commercial Excess And Umbrella Insurance Conditions Kansas Cancellation And When We Do Not Renev last page Form 07 02 1006 Rev. 5 02 Endorsement Page 2 | 2 |
Chubb Commercial Excess And Umbrella Insurance cHUBB Endorsement Policy Period Effective Date Policy Number Insured To AUGUSTOL 2014 AUGUST 012013 To AUGUST 012014 August 1 2013 7985 13 19 COMMONWEALTH CHESAPEAKE COMPANY LLC Name of Company FEDERAL INSURANCE COMPANY Date Issued August 1 2013 R R R Under Conditions the following condition is added to the policy Conditions Compliance With This insurance does not apply to the extent that trade or economic sanctions or other laws or Applicable Trade regulations prohibit us from providing insurance. Sanctions This insurance does not apply to the extent that trade or economic sanctions or other laws or regulations prohibit us from providing insurance. I other terms and conditions remain unchanged. Authorized Representative QO August 1 2013 Chubb Commercial Excess And Umbrelia Insurance Compliance With Applicable Trade Sanctions last page Form 07 02 1988 Rev. 2 04 Endorsement Page 1 | 2 |
Chubb Commercial Excess And Umbrella Insurance cHUBEB Endorsement Policy Period Effective Date Policy Number Insured To AUGUSTOL 2014 AUGUST 012013 To AUGUST 012014 August 1 2013 7985 13 19 COMMONWEALTH CHESAPEAKE COMPANY LLC RAL INSURANCE COMPANY Name of Company 11 Date Issued August 1 2013 s. s The following exclusion is added under Policy I8 xclusions and replaces any similar exclusion contained mcmn The use of the words damages loss cost or expense in any exclusion does not expand any coverages under this contract. Dalirty Evelsoimme Policy Exclusions Information Distribution Laws APClE Ay VYR dat s UHULE TS LTI AL With respect to all coverages under this contract this insurance does not apply to any damages loss costor expense arising out of any actual or alleged violation of. the United States of America CAN SPAM Act of 2003 or any law amendatory thereot. the United States of America Telephone Consumer Protection Act TCPA of 1991 or any law amendatory thereof or. any other ordinance regulation or statute relating to communicating distribution publication sending or transmitting of content information or material. Allother terms and conditions remain unchanged. Authorized Representative QJX August 1 2013 Chubb Commercial Excess And Umbrella Insurance Policy Exclusions Information Distribution Laws last page Form 07 02 2172 Ed 11 04 Endorsement Page 1 | 2 |
Chubb Commercial Excess And Umbrella Insurance cHUBEB Endorsement Policy Period Effective Date Policy Number Insured To AUGUSTOL 2014 AUGUSTOL 2013 To AUGUSTOL 2014 August 1 2013 7985 13 19 COMMONWEALTH CHESAPEAKE COMPANY LLC Name of Company p ppRAL INSURANCE COMPANY Date Issued August 1 2013 Limits Of Insurance Crisis Assistance For Excess And Umbrella Aggregate Limit The lesser of. 3 of the Each Occurrence Limit shown in the Declarations as of the inception date of this policy or. 300000. A section titled Coverage Crisis Assistance For Excess And Umbrella is added to this contract Coverage Crisis Subject to all of the terms and conditions of this insurance we will pay on behalf of the insured Assistance For crisis assistance expenses up o the amount of the Crisis Assistance For Excess And Umbrella event that first commences during Excess And Umbrella Aggregate Limit shown in Schedule A arising out of a e the policy period of this insurance A crisis event will be deemed o first commence at the time during the policy period of this insurance when you notify us in accordance with the Special Duties In The Event Of A provision of this Endorsement. s Event A crisis event will be deemed to end one hundred and eighty 180 days after the date of notice of the crisis event was given o us by you or when the Crisis Assistance For Excess And Umbrella Aggregate Limit shown in this Endorsement is exhausted whichever oceurs first Any payment of crisis assistance expenses that we make under the coverage provided by this Endorsement will not be an acknowledgement of coverage under this insurance. B R w R Chubb Commercial Excess And Umbrella Insurance Coverage Crisis Assistance For Excess And Umbrella continued Form 07 02 2440 Ed. 12 10 Endorsement Page 1 | 2 |
Under Limits Of Insurance the following provision is added. Limits Of Insurance Crisis Assistance For The Crisis Assistance For Excess And Umbrella Aggregate Limit shown in Schedule A is the most Excess And Umbrella we will pay for crisis assistance expenses. Aggregate Limit The Crisis Assistance For Excess And Umbrella Aggregate Limit Crisis Assistance For Excess And Umbrella Aggregate Limit Conditions Special Duties In The Event Of A Crisis Event The Crisis Assistance For Excess And Umbrella Aggregate Limit shown in Schedule A is the most we will pay for crisis assistance expenses. te Limit The Crisis Assistance For Excess And Umbrella Aggreg. applies to the entire policy period shown in the Declarations and not separately to any portion whether annual or otherwise thereof. will not be reinstated or increased and will not reduce any other limits under this policy. Under Conditions the following conditions are added. You must see to it that within twenty four 24 hours of a crisis event Al one of the tance service providers is notified by telephone and Special Duties In The Event Of A Crisis Event Other Crisis Assistance Insurance Policy Definitions Crisis Assistance Expenses s event You must see to it that within twenty four 24 hours of a ci Al one of the cri tance service providers is notified by telephone and B. we are notified. To the extent possible notice should include I. how when and where the crisis event took place 2. the names and addresses of any injured persons and witnesses 3. the nature and location of any injury or damage arising out of the crisis event and 4. the reason why the event is likely to involve injury or damage covered by this policy gnificant adverse regional or national media coverag and involve s If you have other insurance that provides coverage for crisis assistance also covered by this insurance then this insurance will be considered excess insurance over and above the amount payable by such other insurance. Under Policy Definitions the following definitions are added. ssistance expenses means the following expenses incurred by he insured during a crisis event to which this insurance applies which are reasonable necessary and directly aributable o Other Crisis Assistance Insurance Crisis a event to which this in istance expenses means the following expenses incurred by he insured during a cri rance applies which are reasonable necessary and directly auributable to that crisis event expenses o secure the scene of a crisis event fees charged by a crisi service or advice istance service provider shown in Schedule B for professional funeral or related service expenses psychological or grief counseling expenses temporary living expenses Chubb Commercial Excess And Umbrella Insurance Coverage Crisis Assistance For Excess And Umbrella continued Form 07 02 2440 Ed. 12 10 Endorsement Page 2 | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Definitions Crisis Assistance Expenses continued Crisis Assistance Service Provider Effective Date August 1 2013 Policy Number 7985 13 19 Crisis as A iravel expenses and any other expenses approved by us. tance service provider means any firm shown in Schedule B or Crisis Assistance. travel expense Expenses continued any other expenses approved by us. Crisis Assistance Crisis assistance service provider means any firm Service Provider A shown in Schedule B or B for which we at our sole discretion have provided written approval prior to the t as evidenced in an endorsement to this policy and which is hired by you We reserve the right to modify the list of firms shown in Schedule B without notice Crisis Event Crisis event means an event that you reasonably believe has resulted or may result in A dama s covered by this policy that are in excess of any applicable 1. underlying limits listed on the Schedule OF Underlying imits 2. retained limits andor 3 other insurance and B significant adverse regional or national media coverage. Schedule B Crisis Assistance Service Provide Please see listing of Crisis As Service Providers on www.chubb.com. any We do not provide or make any representations or warranties in connection with the services provided by the firms listed above. Crisis Event All other terms and conditions remain unchanged. Authorized Representative Q Q August 1 2013 Chubb Commercial Excess And Umbrella Insurance Coverage Crisis Assistance For Excess And Umbrelia last page Form 07 02 2440 Ed. 12 10 Endorsement Page 3 | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured AUGUST 012013 To AUGUSTOL 2014 August 1 2013 7985 13 19 COMMONWEALTH CHESAPEAKE COMPANY LLC To AUGUSTOL 2014 Conditions Civil Unions Or Domestic Partnerships OMPANY Name of Company IDERAL INSURANCE Date Issued August 12013 S o o Under Conditions the following condition is added. All references in the policy to spouse include a party 0 a civil union or domestic partnership recognized under the applicable law of the jurisdiction having authority. All other terms and conditions remain unchanged Authorized Representative Chubb Commercial Excess And Umbrella Insurance Conditions Civil Unions Or Domestic Partnerships last page Form 07 02 2483 Ed. 3 12 Endorsement Page 1 | 2 |
Chubb Commercial Excess And Umbrella Insurance cHUBB o. Endorsement Policy Period Effective Date Policy Number Insured To AUGUSTOL 2014 AUGUST 012013 To AUGUSTOL 2014 August 1 2013 T985 13 19 COMMONWEALTH CHESAPEAKE COMPANY LLC Name of Company IEl ERAL INSURANCE COMPANY Date Issued August 1 2013 y SPE G A Under Policy Exclusions the following exclusion is added. Policy Exclusions Failure To Supply This insurance does notapply to any liability or loss cost or expense arising out of the complete or partial failure to supply oil el team water or any other form of energy. is insurance does not apply to any liability or loss cost or expense aris partial failure to supply oil electricity gas ng out of the complete or team water or any other form of energy. All other terms and conditions remain unchanged. Authorized Representative Qox7 August 1 2013 Chubb Commercial Excess And Umbrella Insurance Policy Exclusion Failure To Supply last page Form 07 02 0860 Rev. 11 05 Endorsement Page 1 | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To AUGUST 012014 AUGUST 012013 To AUGUST 012014 August 1 2013 7985 13 19 COMMONWEALTH CHESAPEAKE COMPANY LLC Who Is An Insured Umbrella Coverage B Subsidiary Or Newly Acquired Or Formed Organizations Who Is An Insured Umbrella Coverage B Limitations On Who Is An Insured Name of Company FEDERAL INSURANCE COMPANY Date Issued August 1 2013 Under Who Is An Insured Umbrella Coverage B the provision titled Subsidiary Or Newly Acquired Or Formed Organizations is deleted. S 4 S Under Who Is An Insured Umbrella Coverage B the provision titled Limitations On Who Is An Insured is deleted and replaced by the following. B the following limitation applies to Who Is An Insured. With respect to Umbrella Cover Except as provided under the Who Is An Insured Umbrella Coverage B provision no person or organization is an insured with respect to the conduct of any person or organization that is not shown as a named insured in the Declarations. Chubb Commercial Excess And Umbrella Insurance Power Industry continued Form 07 02 0948 Rev. 11 05 Endorsement Page 1 | 2 |
Under Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury the following exclusion is added. Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury Contractual This insurance does not apply to any bodily injury property damage advertising injury and personal injury arisine out of anv liability assumed in an insured contract. jury property damage advertising injury and Contractual This insurance does not apply to any bodily umed in an insured contract. personal injury arising out of any liability R S Under Policy Exclusions the following exclusion is added. Policy Exclusions st or expense arising out of damage to any sured. Care Control Or This insurance does not apply to any liability or lo Custody real or personal property in the care control or custody of the This insurance does notapply any liability or loss cost or expense arising out of damage to any real or personal property in the care control or custody of the insured. All other terms and conditions remain unchanged. Authorized Representative QLO August 1 2013 Chubb Commercial Excess And Umbrella Insurance Power Industry last page Form 07 02 0948 Rev. 11 05 Endorsement Page 2 | 2 |
pevwrpre Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured AUGUST 012013 To AUGUST 012014 August 1 2013 7985 13 19 COMMONWEALTH CHESAPEAKE COMPANY LLC To AUGUSTOL 2014 Name of Company DERAL INSURANCE COMPANY Date Issued August 1 2013 Under Policy Exclusions the following exclusion is added Policy Exclusions Electromagnetic Radiation A. This insurance does not apply to any liability or loss cost or expense arising out of the actual alleged or threatened contaminative pathogenic toxic or other hazardous properties of electromagnetic radiation. B. This insurance does not apply to any loss cost or expense arising out of any 1. request demand order or regulatory or statutory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond o or assess the effects of any electromagnetic radiation or 2. claimor proceeding by or on behalf of a governmental authority or others for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of any electromagnetic radiation. This exclusion does not apply o bodily injury property damage advert electrocution or electric shock or ing injury or personal injury caused by property damage caused by power surges. Chubb Commercial Excess And Umbrella Insurance Policy Exclusions Electromagnetic Radiation continued Form 07 02 1939 Ed. 9 02 Endorsement Page 1 | 2 |
Under Policy Definitions the following is added Policy Definitions Electromagnetic Radiation Electromagnetic radiation means any. electric field magnetic field electromagnetic field. radiation created by any electrical current however generated or radiofrequency or microwave radiation All other terms and conditions remain unchanged. Authorized Representative Q o August 1 2013 Chubb Commercial Excess And Umbrella Insurance Policy Exclusions Electromagnetic Radiation last page Form 07 02 1939 Ed. 9 02 Endorsement Page 2 | 2 |
Endorsement Chubb Commercial Excess And Umbrella Insurance Policy Period Effective Date Policy Number Insured AUGUST 012013 To AUGUSTOL 2014 August 1 2013 7985 13 19 COMMONWEALTH CHESAPEAKE COMPANY LLC To AUGUST 012014 Terrorism Provisions Cap On Certified Terrorism Losses Terrorism Definitions Certified Act Of Terrorism Name of Company FEDERAL INSURANCE COMPANY Date Issued August 1 2013 A new section titled Terrorism Provisions is added to the end of this contract. It ageregate insured losses attributable o one or more certified acts of terrorism under the terrorism kaw exceed 100 billion in a Program Year January through December 31 and we have met our insurer deductible under the terrorism law we will not be liable for the p 100 billion and in such ca accordance with procedures ayment of any portion of the amount of such losses that exc insured losses up to that amount are subject o pro rata allocation in stablished by the Secretary of the Treasury. A new section titled Terrorism Definitions is added. Certified act of terrorism means any act that is certified by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States to be an act A of terrorism a violent act or an act that is dangerous to human life property or infrastructure and B that results in damage 1. within the United States or 2. outside of the United States in the case of a. an air carrier or vessel as described in the terrorism law or b. the premises of a mission of the United States of America which was committed by an individual or individuals as part of an effort to. coerce the civilian population or Chubb Commercial Excess And Umbrella Insurance Cap On Certified Terrorism Losses continued Form 07 02 1961 Rev. 12 07 Endorsement Page 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Terrorism Definitions Certified Act Of Terrorism continued State Terrorism Law United States of the influence the policy or affect the conduct of the Government United States. Certified act of terrorism does not include an act that is committed as part of the course of a war declared by the Congress of the United States or does not result in property and casualty insurance losses that exceed 5 million in the ageregate and are atiributable 0 all types of insurance subject o he terrorism law. State means any state of the United States of America the District of Columbia the Commonwealth of Puerto Rico the Commonwealth of the Northern Mariana Islands American Samoa Guam cach of the United States Virgin Islands and any territory or possession of the United Terro by the ates of America. m law means the Terrorism Risk Insurance Act of 2002 Pub.1.. 107 297 as amended Terrorism Risk Insurance Extension Act of 2005 Pub. L.. 109 144 and the Terrorism Risk Insurance Program Reauthorization Act of 2007 Pub. L. 110 160 United States means a state and the territorial sea and the continental shelf of the United States of America as described in the terrorism law. State United States All other terms and conditions remain unchanged. J Q A g August 12013 Chubb Commercial Excess And Umbrella Insurance Cap On Certified Terrorism Losses last page Form 07 02 1961 Rev. 12 07 Endorsement Page 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Chubb Commercial Excess And Umbrella Insurance cHUBB Endorsement Policy Period Effective Date Policy Number Insured AUGUST 012013 To AUGUST 012014 August 1 2013 7985 13 19 COMMONWEALTH CHESAPEAKE COMPANY LLC To AUGUST 012014 Name of Company FEDERAL INSURANCE COMPANY Date Issued August 1 2013 Under Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury the exclusion titled Intellectual Property Laws Or Rights is deleted and replaced by the following. Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury Intellectual Property A. This insurance does not apply to any bodily injury property damage advertising injury Laws Or Rights or personal injury arising out of giving rise to or in any way related to any actual alleged or threatened Intellectual Property Laws Or Rights Al B. This insurance does not apply to any bodily injury property damage advertising injury or personal injury arising out of giving rise o or in any way related o any actual alleged or threatened I assertion or 2. infringement or violation by any person or organization including any insured of any intellectual property law or right. Further this insurance does not apply to the entirety of all allegations in any claim or suit if such claim or suit includes an allegation of or a reference o an infringement or violation of any intellectual property law or right cven if this insurance would otherwise apply o any part of the allegations in the claim or suit. This exclusion applies unless the only infringement or violation of an intellectual property law or right is an offense described in the definition of advertising injury to which this insurance applics. Chubb Commercial Excess And Umbrella Insurance Coverage B Exclusion Intellectual Property Laws Or Rights continued Form 07 02 2420 Ed. 5 10 Endorsement Page 1 | 2 |
Under Definitions Umbrella Coverage B the definitions titled Intellectual Property Law Or Right is deleted and replaced by the following. P TR SO A T P MRS Al IR pRa ARl Uy R IRV S Definitions Umbrella Coverage B Intellectual Property Law Intellectual property law or right means any Or Right certification mark copyright patent or trademark including collective or service marks. right to or judicial or statutory law recognizing an interest in any trade secret or confidential or proprietary non personal information. other right to or judicial or statutory law recognizing an interest in any expression idea likeness name slogan style of doing business symbol title trade dress or other intellectual property or. other judicial or statutory law concerning piracy passing off or similar practices. All other terms and conditions remain unchanged. Authorized Representative QQx August 1 2013 Chubb Commercial Excess And Umbrelia Insurance Coverage B Exclusion Intellectual Property Laws Or Rights last page Form 07 02 2420 Ed. 5 10 Endorsement Page 2 | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To AUGUSTOL 2014 AUGUST 012013 To AUGUST 012014 August 1 2013 7985 13 19 COMMONWEALTH CHESAPEAKE COMPANY LLC Name of Company FEDERAL INSURANCE COMPANY Date Issued August 1 2013 Under Policy Exclusions the following exclusion is added Policy Exclusions Loss Of Use Of This insurance does not apply to any liability or loss cost or expense arising out of any Electronic Data cormuption of This insurance does notapply o any liability or loss cost or expense arising out of any. corruption of. inability to access inability o manipulate. loss of or other injury or damage o or loss of use of any software data or other information that is in electronic form. This exclusion does not apply to. bodily injury or. physical injury to tangible property including resulting loss of use of that property. All other terms and conditions remain unchanged. Authorized Representative QLO Chubb Commercial Excess And Umbrella Insurance Policy Exclusion Loss Of Use Of Electronic Data last page Form 07 02 2500 Ed. 5 12 Endorsement Page 1 | 2 |
b Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured AUGUST 012013 o AUGUST 01 2014 August 1 2013 7985 13 19 WUC COMMONWEALTH CHESAPEAKE COMPANY LLC o AUGUST 01 2014 Name of Company FEDERAL INSURANCE COMPANY Date Issued August 1 2013 Who Is An Insured Named Insured The Named Insured shown in the Declarations is completed to read as follows Tyr Chesapeake LLC Tyr Energy INC. All Other Terms and Conditions Remain Unchanged Authorized Representative QO August 1 2013 Chubb Commercial Excess And Umbrella Insurance Who is An Insured Named Insured last page Form 07 02 1477 Rev. 07 01 Endorsement Page 1 | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured AUGUST 012013 To AUGUST 012014 August 1 2013 7985 13 19 COMMONWEALTH CHESAPEAKE COMPANY LLC To AUGUSTOL 2014 Exclusions Umbrella Coverage B Advertising Injury Personal Injury Advertising Injury Name of Company FEDERAL INSURANCE COMPANY Date Issued August 1 2013 mbrella Coverage B Advertising Injury Personal Injury the following Under Exclusions exclusion is added This insurance does not apply advertising injury. This insurance does not apply 0 advertising injury. Itis agreed that with respect o Coverages Umbrella Coverage B Advertising Injury Personal Injury all references in the policy to advertising injury are deleted and no coverage is provided. All other terms and conditions remain unchanged. Authorized Representative Q o S August 1 2013 Chubb Commercial Excess And Umbrella Insurance Exclusions Umbrella Coverage B Advertising Injury last page Form 07 02 0624 Rev. 7 01 Endorsement Page 1 | 2 |
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