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Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To APRIL 302015 APRIL 302014 To April 302014 7981 35 02 GLENWOOD CAPITAL LLC Name of Company FEDERAL INSURANCE COMPANY Date Issued January 312014 A A new section titled Terrorism Provisios e added to the end of this contract. Terrorism Provisions Cap On Certified 1f Terrorism Losses aggregate insured losses attributable to one o more certified acts of terrorism under the terrorism law exceed 100 billion in a Program Year January 1 through December 31 and we have met our insurer deductible under the terrorism law we will not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. S A new section titled Terrorism Definitions is added. Terrorism Definitions Certified Act Of Certified act of terrorism means any act that is certified by the Secretary of the Treasury in Terrorism 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. anair 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 Cap rified Terarism Losses continued Endorsement Page 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Terrorism Definitions Cenied Act Of Terrorism. influence the policy or affect the conduct of the Government continued of the 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 aggregate and are attributable to all types of insurance subject to the terrorism law. State 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 Islan Samoa Guam each of the United States Virgin Islands and any territory or p United States of America. s American on of the Terrorism Law Terrorism law means the Terrorism Risk Insurance Act of 2002 Pub. L.107 297 as amended by the 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 United States means astate and the territorial sea and the continental shelf of the United States of America as described in the terrorism law. All other terms and conditions remain unchanged. Authorized Representative 25 f January 312014 Cap On Cegified TerrorisrpLosses last page Endorsement Page 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period APRIL 302014 To APRIL 302015 Effective Date April 302014 Policy Number 7981 35 02 Insured GLENWOOD CAPITAL LLC To APRIL 302015 Name of Company FEDERAL INSURANCE COMPANY Date Issued January 312014 R S Under Policy Exclusions the following exclusion is added to this policy and replaces any similar exclusion contained therein Policy Exclusions Information Laws Including Unauthorized Or Unsolicited Communications This insurance does not apply to any liability or loss cost or expense arising out of any actual alleged or threatened violation of the United States of America CAN SPAM Act of 2003 or any law amendatory thereof or any similar regulatory or statutory law in any other jurisdiction the United States of America Telephone Consumer Protection Act TCPA of 1991 or any law amendatory thereof or any similar regulatory or statutory law in any other jurisdiction the United States of America Fair Credit Reporting Act FCRA or any law amendatory thereof including the Fair and Accurate Credit Transactions Act FACTA or any similar regulatory or statutory law in any other jurisdiction or any other regulatory or statutory law in any jurisdiction that addresses limits or prohibits the collecting communicating disposal dissemination distribution monitoring printing publication recording sending or transmitting of content information or material. All other terms and conditions remain unchanged. Q Authorized Representative LD January 31 2014 PolicyRSERERRLLIAPHion Laws Including Unauthorized Or Chubb Commersial Excess And Umbrella Insurance Unsolicited Communications last page Form 07 02 2172 Rev. 1 13 Endorsement Page 1 | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To APRIL 302015 APRIL 302014 To April 302014 7981 35 02 GLENWOOD CAPITAL LLC Name of Company FEDERAL INSURANCE COMPANY Date Issued January 312014 e Under Limits Of Insurance the provision titled Products Completed Operations Aggregate Limit is deleted. The provision titled Excess Coverage Other Aggregate Limit is deleted and replaced by the following aaawitie Limits Of Insurance Excess Coverage Other Subject to the Each Occurrence Limit the Excess Coverage Other Aggregate Limit is the most we Aggregate Limit will pay for the sum of loss under Excess Follow Form Coverage A except loss arising out of advertising injury or personal injury or otherwise covered by underlying insurance but to which no aggregate limit in such underlying insurance applies. All other terms and conditions remain unchanged. Authorized Representative QL January 31 2014 Reference Copy Chubb Commercial Excess And Umbrella Insurance Limits Of Insurance Excess Coverage Other Aggregate Limit last page Form 07 02 2184 Ed. 1 05 Endorsement Page 1 | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To APRIL 302015 APRIL 302014 To April 302014 7981 35 02 GLENWOOD CAPITAL LLC Name of Company FEDERAL INSURANCE COMPANY Date Issued January 312014 e e e e e e e e e e B e B E e Under Policy Exclusions the following exclusion is added. Policy Exclusions Construction Or This insurance does not apply to any liability or loss cost or expense arising out of any Development Or construction or development or maintenance or renovation Maintenance Or 2 This exclusion applies regardless of Renovation Total. A. whether such operations or work are or were performed or completed Construction Or This insurance does not apply to any liability or loss cost or expense arising out of any Development Or construction or development or maintenance or renovation Maintenance Or This exclusion applies regardless of Renovation Total. A. whether such operations or work are or were performed or completed 1. by you or on your behalf 2. foryou 3. by orforothersor 4. for sale to others and B. when or where such operations or work are or were performed or completed. S e e e Under Policy Definitions the following definitions are added. Policy Definitions Construction Or Construction or development means any Development addition to any building or other structure Construction or development means any addition to any building or other structure complete or partial constructionor demolitionor erection of any building or other structure or planning site preparation surveying or other construction or development of real property. Maintenance or renovation 1. alteration or renovation operations or Maintenance Or Renovation Reference Copy Chubb Commercial Excess And Umbrella Insurance Construction Or Development Or Maintenance Or Renovation Total continued Form 07 02 2245 Ed. 1 08 Endorsement Page 1 | 2 |
Policy Definitions Maintenance Or 2. maintenanceor repair operations. Renovation B. does not include any structural alteration that involves changing the size of or any continued demolishing or moving of any building or other structure. 2. maintenance or repair operations. B. does not include any structural alteration that involves changing the size of or any demolishingor moving of any building or other structure. All other terms and conditions remain unchanged. Q. Authorized Representative vOJ January 31 2014 Reference Copy Chubb Commercial Excess And Umbrella Insurance Construction Or Development Or Maintenance Or Renovation Total last page Form 07 02 2245 Ed. 1 08 Endorsement Page 2 | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To APRIL 302015 APRIL 30 2014 To April 302014 7981 35 02 GLENWOOD CAPITAL LLC Name of Company FEDERAL INSURANCE COMPANY Date Issued January 312014 Under Policy Exclusions the following exclusionis 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 corruption of This insurance does not apply to any liability or loss cost or expense arising out of any corruption of inability to access inability to manipulate loss of or other injury or damage to 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. B Authorized Representative Q.Ql Reference Copy 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 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured APRIL 302014 April 302014 7981 35 02 WCE GLENWOOD CAPITAL LLC to APRIL 302015 Name of Company Date Issued FEDERAL INSURANCE COMPANY January 312014 Who Is An Insured The Named Insured shown in the Declarations is completed to read as follows ENTERPRISE MERCHANT BANC LLC ENTERPRISE CAPITAL MANAGEMENT LLC ENTERPRISE FUND LP ENTERPRISE CAPITAL G.P. LLC ENTERPRISE CAPITAL PARTNERS LP E.C. MANAGEMENT LLC GLENWOOD CAPITAL PARTNERS GP LLC GLENWOOD CAPITAL PARTNERS I LP GLENWOOD MANAGEMENT LLC 9150 INVESTMENTS LLC GLENWOOD RMD HOLDING INC Named Insured All Other Terms and Conditions Remain Unchanged Authorized Representative Q.Ql January 31 2014 Chubb Commercial Excess And Umbrella Insurance o RAESHSRSE KORY 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 To APRIL 302015 APRIL 302014 To April 302014 7981 35 02 GLENWOOD CAPITAL LLC Name of Company FEDERAL INSURANCE COMPANY Date Issued January 312014 e Under Exclusions Umbrella Coverage B Advertising Injury Personal Injury the following exclusionis added Exclusions Umbrella Coverage B Advertising Injury Personal Injury Aavertising Injury This insurance does not apply to advertising injury. PR TI This insurance does not apply to advertising injury. It is agreed that with respect to Coverages UmbrellaCoverage B Advertising Injury Personal Injury all references in the policy to advertisinginjury are deleted and no coverage is provided. All other terms and conditions remain unchanged. Authorized Representative S f January 312014 Reference Copy Chubb Commercial Excess And Umbrella Insurance Exclusions Umbrella Coverage B Advertising Injury last page Endorsement Page 1 | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To APRIL 302015 APRIL 302014 To April 302014 7981 35 02 GLENWOOD CAPITAL LLC Name of Company FEDERAL INSURANCE COMPANY Date Issued January 312014 e e Under Policy Exclusions the following exclusion is added Policy Exclusions Biological Agents 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 Biological Agents Policy Definitions Biological Agents This insurance does not apply to any liability o I. cost or expense arising out of the actual alleged or threatened contaminative pathogenic toxic or other hazardous properties of biological agents. This insurance does not apply to any loss cost or expense arising out of any 1. 3 request demand order or regulatory or statutory requirement that any insured or others test for monitor clean up contain treat detoxify or neutralize or in any way respond to or assess the effects of any biological agents or 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 respondingto or assessing the effects of any biological agents. e Under Policy Definitions the following definition is added Biological Agents means any T Biological Agents means any A. 1. bacteria 2. mildew mold or other fungi Reference Copy Chubb Commercial Excess And Umbrella Insurance Policy Exclusions Biological Agents continued Endorsement Page 1 | 2 |
Policy Definitions Biological Agents 3. other microorganisms or continued 4 mycotoxins spores or other by products of any of the foregoing 3. other microorganisms or 4. mycotoxins spores or other by products of any of the foregoing B. viruses or other pathogens whether or not a microorganism or C. colony or group of any of the foregoing. All other terms and conditions remain unchanged. Authorized Representative Q S 7 January 312014 Reference Copy Chubb Commercial Excess And Umbrella Insurance Policy Exclusions Biological Agents last page Endorsement Page 2 | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To APRIL 302015 APRIL 302014 To April 302014 7981 35 02 GLENWOOD CAPITAL LLC Name of Company FEDERAL INSURANCE COMPANY Date Issued January 312014 E e R Under Policy Exclusions the following exclusion is added Policy Exclusions Care Control Or This insurance does not apply to property damage to property described below if the property is in Custody the care control or custody of the insured. This insurance does not apply to property damage to property described below if the property is in the care control or custody of the insured. Description of Property Real and Personal Property All other terms and conditions remain unchanged. Authorized Representative Q S 7 January 312014 Reference Copy Chubb Commercial Excess And Umbrella Insurance Policy Exclusions Care Control Or Custody last page Endorsement Page 1 | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To APRIL 302015 APRIL 302014 To April 302014 7981 35 02 GLENWOOD CAPITAL LLC Name of Company FEDERAL INSURANCE COMPANY Date Issued January 312014 e Under Policy Exclusions the following exclusion is added Policy Exclusions Data Processing This insurance does not apply to any liability or loss cost or expense arising out of P Sy S TP This insurance does not apply to any liability or loss cost or expense arising out of the use or misuse of any data faulty data any errors or omissions in program design or application or the failure of any computer equipment or computer service to accomplish its intended purpose. All other terms and conditions remain unchanged. Authorized Representative Q S 7 January 312014 Reference Copy Chubb Commercial Excess And Umbrella Insurance Policy Exclusions Data Processing last page Endorsement Page 1 | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To APRIL 302015 APRIL 302014 To April 302014 7981 35 02 GLENWOOD CAPITAL LLC Name of Company FEDERAL INSURANCE COMPANY Date Issued January 312014 e Under Policy Exclusions the following exclusion is added Policy Exclusions Financial Institution This insurance does not apply to any liability or loss cost or expense arising out of the following Activities A advising i an investment advisor specting reporting or making recommendatior This insurance does not apply to any liability or loss cost or expense arising out of the following A. advising inspecting reporting or making recommendatios an investment advisor financial advisor mortgage servicing agent economic advisor insurance company trust department or investment manager pursuant to a written contract. B. electronic data processing system analysis design programming or consulting or other similar services. C. processing or servicing of any loan lease or extension of credit including 1. the purchase sale participation in application for grant commitment restructure termination or transfer thereof or any failure to do any of the foregoing 2. the repo ion or foreclosure of collateral or 3. the handling of advisory or credit reports D. any obligation assumed by any insured or the failure to discharge or the improper discharge of any obligation or duty contractual or otherwise with respect to any 1. contract or treaty of insurance self insurance reinsurance or suretyship 2. annuity 3. endowment or 4. benefit plan including any applications endorsements amendments receipts or binders. E. investigating defending or settling any claim under any contract of insurance self insurance reinsurance or suretyship. Reference Copy Chubb Commercial Excess And Umbrella Insurance Policy Exclusions Financial Institution Activities continued Endorsement Page 1 | 2 |
POIO Exclusions Financial Institution F. membership in or contribution to or management of any plan pool association insolvency Activities or guarantee fund or any similar fund organization or association whether voluntary or continued involuntary. F. membership in or contribution to or management of any plan pool association insolvency or guarantee fund or any similar fund organization or association whether voluntary or involuntary. All other terms and conditions remain unchanged. Authorized Representative Q S 7 January 312014 Reference Copy Chubb Commercial Excess And Umbrella Insurance Policy Exclusions Financial Institution Activities last page Endorsement Page 2 | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To APRIL 302015 APRIL 30 2014 To April 302014 7981 35 02 GLENWOOD CAPITAL LLC Name of Company FEDERAL INSURANCE COMPANY Date Issued January 312014 Under Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury the exclusion titled Intellectual Property Laws Or Right Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury Intellectual Property Laws Or Rights s 5 Under Policy Exclusions the following exclusion is added. Policy Exclusions Intellectual Property A. This insurance does not apply to any liability loss cost or expense arising out of giving rise Laws Or Rights to or in any way related to any actual alleged or threatened 1 carhion or Intellectual Property Laws Or Rights This insurance does not apply to any liability loss cost or expense arising out of giving rise to or in any way related to any actual alleged or threatened 1. assertionor 2. infringementor 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 allegationsin any claim or suit if such claim or suit includes an allegation of or a reference to an infringementor violation of any intellectual property law or right even if this insurance would otherwise apply to any part of the allegationsin the claim or suit. This exclusion applies unless the only infringementor violation of an intellectualproperty law or right s an offense described in the definition of advertisinginjury to which this insurance applies. Reference Copy Chubb Commercial Excess And Umbrella Insurance Policy Exclusion Intellectual Property Laws Or Rights continued Form 07 02 1146 Rev. 5 10 Endorsement Page 1 | 2 |
Under Definitions UmbrellaCoverage B the following definitionsare deleted. Definitions Umbrella Coverage B Advertisement Aavertising Injury Intellectual Property Law Or Rights Under Policy Definitions the following definitions are added. Policy Definitions Advertisement Advertisement means an electronic oral written or other notice about goods products or services designed for the specific purpose of attracting the general public or a specific market segment to use Advertisement means an electronic oral written or other notice about goods products or services designed for the specific purpose of attracting the general public or a specific market segment to use such goods products or services. Advertisement does not include any e mail address Internet domain name or other electronic address or metalanguage. Aavertising Injury injury other than bodily injury. property damage or personal injury sustained by a person or organizationand 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 registered service mark or other registered trademarked name slogan symbol or title. Intellectual Property Law Intellectual property law or right means any Or Right certificationmark 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 Reference Copy Chubb Commercial Excess And Umbrella Insurance Policy Exclusion Intellectual Property Laws Or Rights continued Form 07 02 1146 Rev. 5 10 Endorsement Page 2 | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Effective Date April 302014 Policy Number 7981 35 02 s S S Policy Definitions Intellectual Property Law other judicial or statutory law concerning piracy passing off or similar practices. Or Right continued All other terms and conditions remain unchanged. Authorized Representative Q January 31 2014 Reference Copy Chubb Commercial Excess And Umbrella Insurance Policy Exclusion Intellectual Property Laws Or Rights last page Form 07 02 1146 Rev. 5 10 Endorsement Page 3 | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To APRIL 302015 APRIL 302014 To April 302014 7981 35 02 GLENWOOD CAPITAL LLC Name of Company FEDERAL INSURANCE COMPANY Date Issued January 312014 e Under Policy Exclusions the following exclusion is added Policy Exclusions Lead This insurance does not apply to any liability or loss cost or expense arising out of Lead This insurance does not apply to any liability or loss cost or expense arising out of A. theactual alleged or threatened contaminative pathogenic toxic or other hazardous properties of Lead or B. 1. any 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 to or assess the effects of Lead or 2. anyclaim 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 as ing the effects of Lead. Under Policy Definitions the following Definition is added Policy Definitions Lead Lead means the element lead in any form including its use or presence in any alloy compound bv product. or other material or waste. Waste includes materials to be disposed of. recycled. Lead means the element lead in any form including its use or presence in any alloy compound by product or other material or waste. Waste includes materials to be disposed of recycled reconditioned or reclaimed. All other terms and conditions remain unchanged. Authorized Representative Q S 7 January 312014 Reference Copy Chubb Commercial Excess And Umbrella Insurance Policy Exclusions Lead last page Endorsement Page 1 | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To APRIL 302015 APRIL 302014 To April 302014 7981 35 02 GLENWOOD CAPITAL LLC Name of Company FEDERAL INSURANCE COMPANY Date Issued January 312014 Under Policy Exclusions the following exclusion is added Policy Exclusions Leasing This insurance does not apply to any liability or loss cost or expense arising out of real or personal property other than buildings which you own and lease to others. All other terms and conditions remain unchanged. Authorized Representative o S f January 312014 Reference Copy Chubb Commercial Excess And Umbrella Insurance Policy Exclusions Leasing last page Endorsement Page 1 | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To APRIL 302015 APRIL 302014 To April 302014 7981 35 02 GLENWOOD CAPITAL LLC Name of Company FEDERAL INSURANCE COMPANY Date Issued January 312014 e Under Policy Exclusions the following exclusion is added Policy Exclusions Money And Securities This insurance does not apply to any liability or loss cost or expense either direct or consequential injury to or destruction insurance does not apply to any liability or loss cost or expense either direct or consequential arising out of loss injury to or destruction of money currency coin bullion precious metals of all kinds and in whatever form and articles made therefrom gems precious and semi precious stones certificates of stock bonds coupons and all other forms of securities bills of lading warehouse receipts checks drafts money orders stamps insurance policies and all other negotiable and non negotiable instruments or contracts representing money or other property real or personal or interests therein or other documents or records in any form in which the insured is interested or custody of which the insured has undertaken either gratuitously or otherwise or whether legally liable therefore or not. All other terms and conditions remain unchanged. Authorized Representative Q S 7 January 312014 Reference Copy Chubb Commercial Excess And Umbrella Insurance Policy Exclusions Money And Securities last page Endorsement Page 1 | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To APRIL 302015 APRIL 302014 To April 302014 7981 35 02 GLENWOOD CAPITAL LLC Name of Company FEDERAL INSURANCE COMPANY Date Issued January 312014 e e Under Policy Exclusions the following exclusion is added Policy Exclusions Professional Services This insurance does not apply to any liability or loss cost or expense arising out of the rendering or failine to render professional service or advice whether or not that service or advice is ordinary to nsurance does not apply to any liability or loss cost or expense arising out of the rendering or failing to render professional service or advice whether or not that service or advice is ordinary to the insured s profession regardless of whether a claim or suit is brought by a client or any other person or organization. All other terms and conditions remain unchanged. Authorized Representative Q S 7 January 312014 Reference Copy Chubb Commercial Excess And Umbrella Insurance Policy Exclusions Professional Services last page Endorsement Page 1 | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To APRIL 302015 APRIL 302014 To April 302014 7981 35 02 GLENWOOD CAPITAL LLC Name of Company FEDERAL INSURANCE COMPANY Date Issued January 312014 O O O Under Exclusions Umbrella Coverage B Advertising Injury Personal Injury the following exclusion is added Exclusions Umbrella Coverage B Advertising Injury Personal Injury Personal Injury This insurance does not apply to personal injury. o o This insurance does not apply to personal injury. It is agreed that with respect to Coverages UmbrellaCoverage B all references in the policy to personal injury are deleted and no coverage is provided. All other terms and conditions remain unchanged. Authorized Representative S f January 312014 Reference Copy Chubb Commercial Excess And Umbrella Insurance Exclusions Umbrella Coverage B Personal Injury last page Endorsement Page 1 | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To APRIL 302015 APRIL 302014 To April 302014 7981 35 02 GLENWOOD CAPITAL LLC Name of Company FEDERAL INSURANCE COMPANY Date Issued January 312014 S Under Exclusions Excess Follow Form Coverage A the exclusion titled Pollution is deleted and replaced with the following Exclusions Excess Follow Form Coverage A Pollution This insurance does not apply to any liability or loss cost or expense arising out of This insurance does not apply to any liability or loss cost or expense arising out of A. the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants. B. 1. any 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 to or assess the effects of pollutants or 2. any 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 as ing the effects of pollutants. This exclusion applies regardless of whether or not the pollution was accidental expected gradual intended preventable or sudden. All other terms and conditions remain unchanged. Authorized Representative Q S 7 January 312014 Reference Copy Chubb Commercial Excess And Umbrella Insurance Exclusions Excess Follow Form Coverage A Polution last page Endorsement Page 1 | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To APRIL 302015 APRIL 302014 To April 302014 7981 35 02 GLENWOOD CAPITAL LLC Name of Company FEDERAL INSURANCE COMPANY Date Issued January 312014 o Under Exclusions Umbrella Coverage B Bodily Injury Property Damage the following exclusion is added Exclusions Umbrella Coverage B Bodily Injury Property Damage Products Completed This insurance does not apply to bodily injury or property damage arising out of the products Operations completed operations hazard. This insurance does not apply to bodil completed operations hazard. jury or property damage arising out of the products All other terms and conditions remain unchanged. Authorized Representative S f January 312014 Reference Copy Chubb Commercial Excess And Umbrella Insurance Exclusions Umbrella Coverage B Products Completed Operations last page Endorsement Page 1 | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To APRIL 302015 APRIL 302014 To April 302014 7981 35 02 GLENWOOD CAPITAL LLC Name of Company FEDERAL INSURANCE COMPANY Date Issued January 312014 e Under Definitions UmbrellaCoverage B the definition titled Personal Injury is deleted and replaced by the following Definitions Umbrella Coverage B Personal Injury Personal Injury means injury other than bedily injury property damage or advertising injury caused by an offense of A false arrest false detention or other false imprisonment B. malicious prosecution C. 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 committed 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 goods products property or services or 2. violates a person s right of privacy E. discrimination harassment or segregation based on a person s age color national origin race religion or sex. All other terms and conditions remain unchanged. Authorized Representative S f January 312014 Reference Copy Chubb Commercial Excess And Umbrella Insurance Definitions Umbrella Coverage B Personal Injury last page Endorsement Page 1 | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To APRIL 302015 APRIL 302014 To April 302014 7981 35 02 GLENWOOD CAPITAL LLC Name of Company FEDERAL INSURANCE COMPANY Date Issued January 312014 B Supplementary Payments is deleted in its entirety and replaced by the following Supplementary Payments Subject to all of the terms and conditions of this insurance under Excess Follow Form Coverage A or Umbrella Coverage B A. we will pay with respect to a claim we investigate or settle or a suit against an insured we defend 1. the expenses we incur. 2. thecostof a. bail bon b. bonds requiredto 1 appeal judgments or 2 release attachments but only for bond amounts within the available Limit Of Insurance. We do not have to furnish these bonds. 3. reasonable expenses incurred by the insured at our request to us in the investigation or defense of such claim or suit including actual loss of earnings up to 1000 a day because of time off from work. 4. costs taxed against the insured in the suit except any a. attorney fees or litigation expenses or b. other loss cost or expense in connection with any injunction or other equitable relief. 5. prejudgment interest awarded against the insured on that part of a judgment we pay. If we make an offer to pay the applicable Limit Of Insurance we will not pay any prejudgment interest based on that period of time after the offer. Reference Copy Chubb Commercial Excess And Umbrella Insurance Supplementary Payments continued Endorsement Page 1 | 2 |
Supplementary Payments continued 6. interest on the full amount of a 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. B. Supplementary Payments does not include any fine or other penalty under Excess Follow Form Coverage A if supplementary payments of the applicable underlying insurance reduce the limits of underlying insurance then Supplementary Payments made under this coverage will reduce the Limits Of Insurance of this insurance. do not reduce the limits of underlying insurance then Supplementary Payments made under this coverage will not reduce the Limits Of Insurance of this surance. D. under Umbrella Coverage B Supplementary Payments will not reduce the Limits Of Insurance. Our obligation to make these payments ends when we have used up the applicable Limit Of Insurance. All other terms and conditions remain unchanged. Authorized Representative Q S 7 January 312014 Reference Copy Chubb Commercial Excess And Umbrella Insurance Supplementary Payments last page Endorsement Page 2 | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To APRIL 302015 APRIL 302014 To April 302014 7981 35 02 GLENWOOD CAPITAL LLC Name of Company FEDERAL INSURANCE COMPANY Date Issued January 312014 e e Under Policy Exclusions the following exclusion is added Policy Exclusions Securities And Trade This insurance does not apply to any liability or loss cost or expense based on attributable to Practices related to or in any manner arising or resulting directly or indirectly out of This insurance does not apply to any liability or loss cost or expense based on attributable to related to or in any manner arising or resulting directly or indirectly out of the filing issuance transfer purchase sale or distribution of securities or offers to purchase or sell securities including without limitation liability under the Securities Act of 1933 the Securities Exchange Act of 1934 the Trust Indenture Act of 1939 the Public Utility Holding Company Act of 1935 the Investment Company Act of 1940 the Investment Advisors Act of 1940 and the so called blue sky laws of the various states or other jurisdictions alleged violation of anti trust anti competitionor any other laws prohibiting monopolies activities in restraint of trade unfair methods of competition or deceptive acts and practices in trade and commerce including without limitation the Sherman Act the Clayton Act the Robinson Patman Act the Federal Trade Commission Act and the Hart Scott Rodino Antitrust Improvements Act or any State or Federal Business and Professionals code or Corporations code fraud or breach of fiduciary duty criminal prosecution fines penalties or sentence conditions patent or trademark infringement disclosure or other regulation of sales of and offers to sell real property any liability or alleged liability arising out of employee officer or director dishonesty or any liability of an employee officer or director of an insured to such insured. Reference Copy Chubb Commercial Excess And Umbrella Insurance Policy Exclusions Securities And Trade Practices continued Endorsement Page 1 | 2 |
POIO Exclusions Securities And Trade Practices continued No inference shall be made from this express otherwise cover such liabilities or lusion of liabilities that this Policy would milar liabilities. No inference shall be made from this express exclusion of liabilities that this Policy would otherwise cover such liabilities or similar liabilities. All other terms and conditions remain unchanged. Authorized Representative Q S 7 January 312014 Reference Copy Chubb Commercial Excess And Umbrella Insurance Policy Exclusions Securities And Trade Practices last page Endorsement Page 2 | 2 |
Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured To APRIL 302015 APRIL 302014 To April 302014 7981 35 02 GLENWOOD CAPITAL LLC Name of Company FEDERAL INSURANCE COMPANY Date Issued January 312014 e e Under Policy Exclusions the following exclusion is added Policy Exclusions Trust This insurance does not apply to any liability or los maintenance or use. includine all related operatiot s cost or expense arising out of the ownership. of property in any trust euardianship or estate This insurance does not apply to any liability or loss cost or expense arising out of the ownership maintenance or use including all related operations of property in any trust guardianship or estate for which you are acting in fiduciary or representative capacity. All other terms and conditions remain unchanged. Authorized Representative Q o S January 312014 Reference Copy Chubb Commercial Excess And Umbrella Insurance Policy Exclusions Trust last page Endorsement Page 1 | 2 |
viive TV FUVLILTRAVLULCRNO TEXAS AVISO IMPORTANTE Para obtener informacion o para someter una queja Puede comunicarse con su agente. Usted puede llamar al numero de telefono gratis de XL Insurance para informacion o para someter una queja al 1 800 622 7311 Usted tambien puede escribir a XL Insurance Seaview House 70 Seaview Avenue Stamford CT 06902 6040 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias coberturas derechos o quejas al 1 800 252 3439 Puede escribir al Departamento de Seguros de Texas P.O. Box 149104 Austin TX 78714 9104 FAX 512 475 1771 Web httpwww.tdi.state.tx.us E mail ConsumerProtectiontdi.state.tx.us IMPORTANT NOTICE To obtain information or make a complaint You may contact your agent. You may call XL Insurance toll free telephone number for information or to make a complaint at 1 800 622 7311 You may also write to XL Insurance at Seaview House 70 Seaview Avenue Stamford CT 06902 6040 You may contact the Texas Department of Insurance to obtain information on companies coverages rights or complaints at 1 800 252 3439 You may write the Texas Department of Insurance P.O. Box 149104 Austin TX 78714 9104 FAX 512 475 1771 Web httpwww.tdi.state.tx.us E mail ConsumerProtectiontdi.state.tx.us PREMIUM OR CLAIM DISPUTES Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY This notice is for information only and does not become a part or condition of the attached document. DISPUTAS SOBRE PRIMAS O RECLAMOS Si tiene una disputa concerniente a su prima 0 a un reclamo debe comunicarse con el agente primero. Si no se resuelve la disputa puede entonces comunicarse con el departamento TDI. UNA ESTE AVISO A SU POLIZA Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Page 1 of 1 PN TX 010511 | 2 |
FRAUD NOTICE Arkansas Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. Colorado It is unlawful to knowingly provide false incomplete or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment fines denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false incomplete or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. District of Columbia WARNING It is a crime to provide false or misleading information to an insurer for the purpose of defrauding the insurer or any other person. Penalties include imprisonment andor fines. In addition an insurer may deny insurance benefits if false information materially related to a claim was provided by the applicant. Florida Any person who knowingly and with intent to injure defraud or deceive any insurer files a statement of claim or an application containing any false incomplete or misleading information is guilty of a felony of the third degree. Kansas A fraudulent insurance act means an act committed by any person who knowingly and with intent to defraud presents causes to be presented or prepares with knowledge or belief that it will be presented to or by an insurer purported insurer broker or any agent thereof any written statement as part of or in support of an application for the issuance of or the rating of an insurance policy for personal or commercial insurance or a claim for payment or other benefit pursuant to an insurance policy for commercial or personal insurance which such person knows to contain materially false information concerning any fact material thereto or conceals for the purpose of misleading information concerning any fact material thereto. Kentucky Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance containing any materially false information or conceals for the purpose of misleading information concerning any fact material thereto commits a fraudulent insurance act which is a crime. Louisiana Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. Maine It is a crime to knowingly provide false incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties may include imprisonment fines or denial of insurance benefits. Maryland Any person who knowingly and willfully presents a false or fraudulent claim for payment of a loss or benefit or who knowingly or willfully presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. New Jersey Any person who includes any false or misleading information on an application for an insurance policy is subject to criminal and civil penalties. New Mexico ANY PERSON WHO KNOWINGLY PRESENTS A FALSE OR FRAUDULENT CLAIM FOR PAYMENT OF A LOSS OR BENEFIT OR KNOWINGLY PRESENTS FALSE INFORMATION IN AN APPLICATION FOR INSURANCE IS GUILTY OF A CRIME AND MAY BE SUBJECT TO CIVIL FINES AND CRIMINAL PENALTIES. olumbia PN CW 010613 Page 1 of 3 2013 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
NUVIIVE 1V FUVLILVITTNVLULENO New York General All applications for commercial insurance other than automobile insurance Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading information concerning any fact material thereto commits a fraudulent insurance act which is a crime and shall also be subject to a civil penalty not to exceed five thousand dollars and the stated value of the claim for each such violation. All applications for automobile insurance and all claim forms Any person who knowingly makes or knowingly assists abets solicits or conspires with another to make a false report of the theft destruction damage or conversion of any motor vehicle to a law enforcement agency the department of motor vehicles or an insurance company commits a fraudulent insurance act which is a crime and shall also be subject to a civil penalty not to exceed five thousand dollars and the value of the subject motor vehicle or stated claim for each violation. Fire Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance containing any false information or conceals for the purpose of misleading information concerning any fact material thereto commits a fraudulent insurance act which is a crime. The proposed insured affirms that the foregoing information is true and agrees that these applications shall constitute a part of any policy issued whether attached or not and that any willful concealment or misrepresentation of a material fact or circumstances shall be grounds to rescind the insurance policy. Ohio Any person who with intent to defraud or knowing that he is facilitating a fraud against an insurer submits an application or files a claim containing a false or deceptive statement is guilty of insurance fraud. Oklahoma WARNING Any person who knowingly and with intent to injure defraud or deceive any insurer makes any claim for the proceeds of an insurance policy containing any false incomplete or misleading information is guilty of a felony. Pennsylvania All Commercial Insurance Except As Provided for Automobile Insurance Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading information concerning any fact material thereto commits a fraudulent insurance act which is a crime and subjects such person to criminal and civil penalties. Automobile Insurance Any person who knowingly and with intent to injure or defraud any insurer files an application or claim containing any false incomplete or misleading information shall upon conviction be subject to imprisonment for up to seven years and the payment of a fine of up to 15000. Puerto Rico Any person who knowingly and with the intention of defrauding presents false information in an insurance application or presents helps or causes the presentation of a fraudulent claim for the payment of a loss or any other benefit or presents more than one claim for the same damage or loss shall incur a felony and upon conviction shall be sanctioned for each violation by a fine of not less than five thousand dollars 5000 and not more than ten thousand dollars 10000 or a fixed term of imprisonment for three 3 years or both penalties. Should aggravating circumstances be present the penalty thus established may be increased to a maximum of five 5 years if extenuating circumstances are present it may be reduced to a minimum of two 2 years. PN CW 01 0613 Page 2 of 3 2013 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
NUVIIVE 1V FUVLILVTTNVLULC N Rhode Island Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. Tennessee All Commercial Insurance Except As Provided for Workers Compensation It is a crime to knowingly provide false incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment fines and denial of insurance benefits. Workers Compensation It is a crime to knowingly provide false incomplete or misleading information to any party to a workers compensation transaction for the purpose of committing fraud. Penalties include imprisonment fines and denial of insurance benefits. Utah Workers Compensation Any person who knowingly presents false or fraudulent underwriting information files or causes to be filed a false or fraudulent claim for disability compensation or medical benefits or submits a false or fraudulent report or billing for health care fees or other professional services is guilty of a crime and may be subject to fines and confinement in state prison. Virginia It is a crime to knowingly provide false incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment fines and denial of insurance benefits. Washington It is a crime to knowingly provide false incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment fines and denial of insurance benefits. West Virginia Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. All Other States Any person who knowingly and willfully presents false information in an application for insurance may be guilty of insurance fraud and subject to fines and confinement in prison. In Oregon the aforementioned actions may constitute a fraudulent insurance act which may be a crime and may subject the person to penalties. PN CW 010613 Page 3 of 3 2013 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
NUVIIVE 1V FUVLILVTTNVLULC N PRIVACY POLICY The XL America Inc. insurance group the Companies believes personal information that we collect about our customers potential customers and proposed insureds referred to collectively in this Privacy Policy as customers must be treated with the highest degree of confidentiality. For this reason and in compliance with the Title V of the Gramm Leach Bliley Act GLBA we have developed a Privacy Policy that applies to all of our companies. For purposes of our Privacy Policy the term personal information includes all information we obtain about a customer and maintain in a personally identifiable way. In order to assure the confidentiality of the personal information we collect and in order to comply with applicable laws all individuals with access to personal information about our customers are required to follow this policy. Our Privacy Promise Your privacy and the confidentiality of your business records are important to us. Information and the analysis of information is essential to the business of insurance and critical to our ability to provide to you excellent cost effective service and products. We understand that gaining and keeping your trust depends upon the security and integrity of our records concerning you. Accordingly we promise that 1. We will follow strict standards of security and confidentiality to protect any information you share with us or information that we receive about you 2. We will verify and exchange information regarding your credit and financial status only for the purposes of underwriting policy administration or risk management and only with reputable references and clearinghouse services 3. We will not collect and use information about you and your business other than the minimum amount of information necessary to advise you about and deliver to you excellent service and products and to administer our business 4. We will train our employees to handle information about you or your business in a secure and confidential manner and only permit employees authorized to use such information to have access to such information 5. We will not disclose information about you or your business to any organization outside the XL insurance group of Companies or to third party service providers unless we disclose to you our intent to do so or we are required to do so by law 6. We will not disclose medical information about you your employees or any claimants under any policy of insurance unless you provide us with written authorization to do so or unless the disclosure is for any specific business exception provided in the law 7. We will attempt with your help to keep our records regarding you and your business complete and accurate and will advise you how and where to access your account information unless prohibited by law and will advise you how to correct errors or make changes to that information and 8. We will audit and assess our operations personnel and third party service providers to assure that your privacy is respected. Collection and Sources of Information We collect from a customer or potential customer only the personal information that is necessary for a determining eligibility for the product or service sought by the customer b administering the product or service obtained and c advising the customer about our products and services. The information we collect generally comes from the following sources e Submission During the submission process you provide us with information about you and your business such as your name address phone number e mail address and other types of personal identification information Quotes We collect information to enable us to determine your eligibility for the particular insurance product and to determine the cost of such insurance to you. The information we collect will vary with the type of insurance you seek Transactions We will maintain records of all transactions with us our affiliates and our third party service providers including your insurance coverage selections premiums billing and payment information claims history and other information related to your account PN CW 02 0505 Page 1 of 3 | 2 |
NUVIIVE 1V FUVLILVITTNVLULENO o Claims If you obtain insurance from us we will maintain records related to any claims that may be made under your policies. The investigation of a claim necessarily involves collection of a broad range of information about many issues some of which does not directly involve you. We will share with you any facts that we collect about your claim unless we are prohibited by law from doing so. The process of claim investigation evaluation and settlement also involves however the collection of advice opinions and comments from many people including attorneys and experts to aid the claim specialist in determining how best to handle your claim. In order to protect the legal and transactional confidentiality and privileges associated with such opinions comments and advice we will not disclose this information to you and Credit and Financial Reports We may receive information about you and your business regarding your credit. We use this information to verify information you provide during the submission and quote processes and to help underwrite and provide to you the most accurate and cost effective insurance quote we can provide. Retention and Correction of Personal Information We retain personal information only as long as required by our business practices and applicable law. If we become aware that an item of personal information may be materially inaccurate we will make reasonable effort to re verify its accuracy and correct any error as appropriate. Storage of Personal Information We have in place safeguards to protect data and paper files containing personal information. Sharing Disclosing of Personal Information We maintain procedures to assure that we do not share personal information with an unaffiliated third party for marketing purposes unless such sharing is permitted by law. Personal information may be disclosed to an unaffiliated third party for necessary servicing of the product or service or for other normal business transactions as permitted by law. We do not disclose personal information to an unaffiliated third party for servicing purposes or joint marketing purposes unless a contract containing a confidentiality non disclosure provision has been signed by us and the third party. Unless a consumer consents we do not disclose consumer credit report type information obtained from an application or a credit report regarding a customer who applies for a financial product to any unaffiliated third party for the purpose of serving as a factor in establishing a consumer s eligibility for credit insurance or employment. Consumer credit report type information means such things as net worth credit worthiness lifestyle information piloting skydiving etc. solvency etc. We also do not disclose to any unaffiliated third party a policy or account number for use in marketing. We may share with our affiliated companies information that relates to our experience and transactions with the customer. Policy for Personal Information Relating to Nonpublic Personal Health Information We do not disclose nonpublic personal health information about a customer unless an authorization is obtained from the customer whose nonpublic personal information is sought to be disclosed. However an authorization shall not be prohibited restricted or required for the disclosure of certain insurance functions including but not limited to claims administration claims adjustment and management detection investigation or reporting of actual or potential fraud misrepresentation or criminal activity underwriting policy placement or issuance loss control andor auditing. Access to Your Information Our employees employees of our affiliated companies and third party service providers will have access to information we collect about you and your business as is necessary to effect transactions with you. We may also disclose information about you to the following categories of person or entities Your independent insurance agent or broker PN CW 02 0505 Page 20f 3 | 2 |
NUVIIVE 1V FUVLILVTTNVLULC N Anindependent claim adjuster or investigator or an attorney or expert involved in the claim Persons or organizations that conduct scientific studies including actuaries and accountants e Aninsurance support organization e Another insurer if to prevent fraud or to properly underwrite a risk A state insurance department or other governmental agency if required by federal state or local laws or Any persons entitled to receive information as ordered by a summons court order search warrant or subpoena. Violation of the Privacy Policy Any person violating the Privacy Policy will be subject to discipline up to and including termination. For more information or to address questions regarding this privacy statement please contact your broker. PN CW 02 0505 Page 3 of 3 | 2 |
NUVIIVE 1V FUVLILVTTNIVLULC O U.S. TREASURY DEPARTMENT S OFFICE OF FOREIGN ASSETS CONTROL OFAC No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Policyholder Notice provides information concerning possible impact on your insurance coverage due to directives issued by OFAC and possibly the U.S. Department of State. Please read this Policyholder Notice carefully. OFAC administers and enforces sanctions policy based on Presidential declarations of national emergency. OFAC has identified and listed numerous Foreign agents Front organizations Terrorists Terrorist organizations Narcotics traffickers as Specially Designated Nationals and Blocked Persons. This list can be found on the U.S. Department of the Treasury s web site httpwww.treas.gov ofac. The Secretary of the Treasury also has identified a number of entities in the insurance petroleum and petrochemicals industries determined to be owned or controlled by the Iranian government. Business transactions with any of these entities are expressly prohibited. These entities have been added to OFAC s list of Financial Institutions Determined To Be Owned or Controlled by the Government of Iran. This list can be found on the U.S. Department of the Treasury s web site httpwww.treas.govofficesenforcementlists In accordance with OFAC regulations or any applicable regulation promulgated by the U.S. Department of State if it is determined that you or any other insured or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person as identified by OFAC this insurance will be considered a blocked or frozen contract and all provisions of this insurance will be immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract neither payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. PN CW 05 1010 Includes copyrighted material of Insurance Services Office Inc. with its permission. 2010 X.L. America Inc. All rights reserved. May not be copied without permission. | 2 |
NOTICE TO POLICYHOLDERS RESTRICTION OF COVERAGE Asbestos Exclusion This Notice does not form a part of your insurance contract. This Notice is designed to alert you of the Asbestos Exclusion contained in the Policy. No coverage is provided by this Notice nor can it be construed to replace any provisions of your Policy. If there is any conflict between the Policy and this Notice the provisions of the Policy shall prevail. Please read your Policy and the endorsements attached to your Policy carefully. Coverage is excluded for 1 Asbestos a The manufacture of mining of use of sale of installation of removal of distribution of or exposure to asbestos asbestos products asbestos fibers or asbestos dust b Any obligation of the insured to indemnify a party because of damages arising out of but not limited to the manufacture of mining of use of sale of installation of removal of distribution of or exposure to asbestos asbestos products asbestos fibers or asbestos dust or c Any obligation to defend any suit or claim against the insured that seeks damages if such suit or claim arises out of but not limited to the manufacture of mining of use of sale of installation of removal of distribution of or exposure to asbestos asbestos products asbestos fibers or asbestos dust. NTU 005 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Page 1 of 1 | 2 |
NOTICE TO POLICYHOLDERS RESTRICTION OF COVERAGE Lead Exclusion This Notice does not form a part of your insurance contract. This Notice is designed to alert you of the Lead Exclusion contained in the Policy. No coverage is provided by this Notice nor can it be construed to replace any provisions of your Policy. If there is any conflict between the Policy and this Notice the provisions of the Policy shall prevail. Please read your Policy and the endorsements attached to your Policy carefully. Coverage is excluded for 1 Bodily injury property damage or personal and advertising injury arising out of lead including but not limited to the ingestion inhalation or absorption of lead in any form 2 Any loss cost or expense arising out of any request demand or order that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of lead or 3 Any loss cost or expense arising out of any claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of lead. 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Page 1 of 1 NTU 008 0811 | 2 |
NOTICE TO POLICYHOLDERS RESTRICTION OF COVERAGE Silica and Silica Related Dust Exclusion This Notice does not form a part of your insurance contract. This Notice is designed to alert you of the Silica and Silica Related Dust Exclusion contained in the Policy. No coverage is provided by this Notice nor can it be construed to replace any provisions of your Policy. If there is any conflict between the Policy and this Notice the provisions of the Policy shall prevail. Please read your Policy and the endorsements attached to your Policy carefully. Coverage is excluded for 1 The actual alleged threatened or suspected inhalation of or ingestion of silica or silica related dust. 2 The actual alleged threatened or suspected contact with exposure to existence of or presence of silica or silica related dust. 3 Any loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of silica or silica related dust by any insured or by any other person or entity. For the purposes of this exclusion the following definitions apply Silica means silicon dioxide occurring in crystalline amorphous and impure forms silica particles silica dust or silica compounds. Silica related dust means a mixture or combination of silica and other dust or particles. NTU 010 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Page 1 of 1 | 2 |
Regulatory Office Issuing Company and Address 505 Eagleview Blvd. Suite 100 XL Specialty Insurance Company Dept Regulatory 14643 Dallas Parkway Suite 770 Exton PA 19341 0636 Dallas TX 75254 Telephone 800 688 1840 Commercial Excess Follow Form and Umbrella Liability Policy Declarations Policy Number US00058016LI13A Renewal of Number US00058016LI12A ITEM 1. NAMED INSURED Michaels Stores Inc. ADDRESS 8000 Bent Branch Dr. CITY STATE ZIP Irving TX 75063 ITEM 2. POLICY PERIOD Inception June 01 2013 Expiration June 01 2014 1201 A.M. Standard Time at the address of the Named Insured stated above ITEM 3. LIMITS OF INSURANCE The Limits of Insurance subject to the terms of this policy are 25000000 Each Occurrence 25000000 General Aggregate In accordance with Section IV. Limits of Insurance Products Completed Operations Aggregate In accordance with Section 25000000 IV. Limits of Insurance Disaster Response Limit In accordance with Section IV. Limits of 250000 Insurance ITEM4. SELF INSURED RETENTION 10000 XCU 000 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Page 10of 2 | 2 |
ITEM 5. UNDERLYING INSURANCE See attached Schedule of Underlying Insurance. ITEM 6. POLICY PREMIUM 214343.00 Policy Premium 857.00 Premium for Certified Acts of Terrorism 215200.00 Total Policy Premium 215200.00 Total Amount Due 215200.00 Minimum Premium Due ITEM 7. FORMS ATTACHED TO THE POLICY AT ISSUANCE See attached Schedule of Forms and Endorsements. ITEM 8. Disaster Response to be called in the event of a disaster as per Event Phone Number 1 800 823 7351 Section I. Insuring Agreements Item C. ITEM 9. Producer Name and Address Bonny Zimmerman Lockton Companies Inc. 444 W. 47 St. Suite 900 Kansas City MO 64112 Date Issued September 4 2013 R Authorized Representative XCU 000 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Page 2 of 2 | 2 |
IN WITNESS XL SPECIALTY INSURANCE COMPANY REGULATORY OFFICE 505 EAGLEVIEW BOULEVARD SUITE 100 DEPARTMENT REGULATORY EXTON PA 19341 0636 PHONE 800 688 1840 It is hereby agreed and understood that the following In Witness Clause supercedes any and all other In Witness clauses in this policy. Al other provisions remain unchanged. IN WITNESS WHEREOF the Company has caused this policy to be executed and attested and if required by state law this policy shall not be valid unless countersigned by a duly authorized representative of the Company. 15 t floig Bernard R. Horovitz President Towt Qe fertmy Toni Ann Perkins Secretary IL MP 9104 0710 XLS 2010 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
ENDORSEMENT 1 This endorsement effective 1201 a.m. June 01 2013 forms a part of Policy No. US00058016LI113A issued to Michaels Stores Inc. by XL Specialty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULE OF FORMS AND ENDORSEMENTS This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY Declarations Item 7 is completed to read as follows Endorsement Form Number Number PN TX 010511 PN CW 010613 PN CW 02 0505 PN CW 05 1010 NTU 005 0811 NTU 008 0811 NTU 010 0811 IL MP 9104 0710 XLS PN 161 1207 XCU 000 0811 XCU 050 0811 1 XCU 301 0811 2 XCU 300 0811 3 XCU 100 TX 0811 4 XCU 901 0811 Form Title NOTICE TO POLICYHOLDERS TEXAS FRAUD NOTICE PRIVACY POLICY U.S. TREASURY DEPARTMENT S OFFICE OF FOREIGN ASSETS CONTROL OFAC NOTICE TO POLICYHOLDERS ASBESTOS EXCLUSION NOTICE TO POLICYHOLDERS LEAD EXLUSION NOTICE TO POLICYHOLDERS SILICA AND SILICA RELATED DUST EXLUSION IN WITNESS POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE COMMERICAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY COMMERICAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY SCHEDULE OF FORMS AND ENDORSEMENTS SCHEDULE OF UNDERLYING INSURANCE TEXAS CHANGES CANCELLATION AND NON RENEWAL CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM WITH RETAINED LIMIT 5 XCU 406 0811 CLAIMS MADE ENDORSEMENT 6 XCU 635 0811 CROSS CLAIM EXCLUSION NAMED INSURED VS. NAMED INSURED 7 XCU 639 0811 DAMAGE TO REAL AND PERSONAL PROPERTY EXCLUSION 8 XCU 647 0811 DISCRIMINATION EXCLUSION 9 XCU 652 0811 EMPLOYEE BENEFITS LIABILITY EXCLUSION XCU 301 0811 2011 X.L. America Inc. All Rights Reserved. Page 1 May not be copied without permission. nan nan nan nan 311.0 Page 1 of 2 | 2 |
XCU 654 0811 XCU 669 0811 XCU 671 0811 XCU 416 0811 XCU 680 0811 XCU 734 0811 XCU 736 0811 MANUSCRIPT MANUSCRIPT MANUSCRIPT EMPLOYERS LIABILITY EXCLUSION FOREIGN LIABILITY EXCLUSION FUNGI OR BACTERIA LIABILITY EXCLUSION KNOWLEDGE OF OCCURRENCE OR CLAIM CONDITIONS AMENDMENT LEAD EXCLUSION SILICA AND SILICA RELATED DUST EXCLUSION SUBSIDENCE EXCLUSION FOREIGN LIABILITY EXCLUSION INCLUDING EXCLUSION FOR CANADA SHARED LIMITS OF INSURANCE ENDORSMENT AMENDMENT TO GENERAL AGGREGATE LIMITS nan nan nan nan 18.0 nan 19.0 All other terms and conditions remain the same. Page 2 of 2 XCU 301 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
ENDORSEMENT 2 This endorsement effective 1201 a.m. June 01 2013 forms a part of Policy No. US00058016L113A issued to Michaels Stores Inc.. by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULE OF UNDERLYING INSURANCE This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY Declaration Item 5 is completed to read as follows Coverage Company Policy Number Policy Period General Liability Safety National Casualty Corporation GL 4044104 June 01 2013 to June 01 2014 1000000 Each Occurrence Limit 10000000 General Aggregate 2000000 Products Completed Operations Aggregate Limit 1000000 Personal Advertising Injury Limit Coverage Company Policy Number Policy Period Automobile Liability Safety National Casualty Corporation CAF 4044106 June 01 2013 to June 01 2014 1000000 Each Accident Bodily Injury and Property Damage Combined Single Limit Coverage Company Policy Number Policy Period Employers Liability Safety National Casualty Corporation LDS 4044102 June 01 2013 to June 01 2014 Bodily Injury by Accident 1000000 Each Accident Bodily Injury by Disease 1000000 Policy Limit Bodily Injury by Disease 1000000 Each Employee Page 1 0of 3 XCU 300 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
Coverage Company Policy Number Policy Period Employers Liability Safety National Casualty Corporation PS 4044105 June 01 2013 to June 01 2014 Bodily Injury by Accident 1000000 Each Accident Bodily Injury by Disease 1000000 Policy Limit Bodily Injury by Disease 1000000 Each Employee Coverage Employers Liability Stop Gap OH ND WA WY Company Safety National Casualty Corporation Policy Number LDS 4044102 Policy Period June 01 2013 to June 01 2014 Bodily Injury by Accident 1000000 Each Accident Bodily Injury by Disease 1000000 Policy Limit Bodily Injury by Disease 1000000 Each Employee Coverage Company Policy Number Policy Period Foreign General Liability ACE American Insurance Company D38374138 001 June 01 2013 to June 01 2014 1000000 USD Each Occurrence Limit 2000000 USD Products Completed Operations Aggregate Limit 1000000 USD Personal Advertising Injury Limit Coverage Company Policy Number Policy Period Foreign Employee Benefits Liability ACE American Insurance Company D38374138 001 June 01 2013 to June 01 2014 1000000 USD Per Claim 1000000 USD Aggregate Limit Coverage Company Policy Number Policy Period Foreign Automobile Liability ACE American Insurance Company D38374138 001 January 01 2013 to January 01 2014 1000000 USD Each Accident Bodily Injury and Property Damage Combined Single Limit Page 20f 3 XCU 300 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
Coverage Company Policy Number Policy Period Foreign Employers Liability ACE American Insurance Company D38374138 001 June 01 2013 to June 01 2014 Bodily Injury by Accident 1000000 USD Each Accident Bodily Injury by Disease 1000000 USD Policy Limit Bodily Injury by Disease 1000000 USD Each Employee All other terms and conditions remain the same. Page 3 of 3 XCU 300 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE Coverage for acts of terrorism is included in your policy. You are hereby notified that under the Terrorism Risk Insurance Act as amended in 2007 the definition of act of terrorism has changed. As defined in Section 1021 of the Act The term 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 of terrorism to be a violent act or an act that is dangerous to human life property or infrastructure to have resulted in damage within the United States or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. Under your coverage any losses resulting from certified acts of terrorism may be partially reimbursed by the United States Government under a formula established by the Terrorism Risk Insurance Act as amended. However your policy may contain other exclusions which might affect your coverage such as an exclusion for nuclear events. Under the formula the United States Government generally reimburses 85 of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. The Terrorism Risk Insurance Act as amended contains a 100 billion cap that limits U.S. Government reimbursement as well as insurers liability for losses resulting from certified acts of terrorism when the amount of such losses exceeds 100 billion in any one calendar year. If the aggregate insured losses for all insurers exceed 100 billion your coverage may be reduced. The portion of your annual premium that is attributable to coverage for acts of terrorism is 857.00 and does not include any charges for the portion of losses covered by the United States government under the Act. PN1611207 T 2007 XL America Inc. Includes copyrighted material of the National Council on Compensation Insurance Inc. with s permission. POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE Coverage for acts of terrorism is included in your policy. You are hereby notified that under the Terrorism Risk Insurance Act as amended in 2007 the definition of act of terrorism has changed. As defined in Section 1021 of the Act The term 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 of terrorism to be a violent act or an act that is dangerous to human life property or infrastructure to have resulted in damage within the United States or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. Under your coverage any losses resulting from certified acts of terrorism may be partially reimbursed by the United States Government under a formula established by the Terrorism Risk Insurance Act as amended. However your policy may contain other exclusions which might affect your coverage such as an exclusion for nuclear events. Under the formula the United States Government generally reimburses 85 of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. The Terrorism Risk Insurance Act as amended contains a 100 billion cap that limits U.S. Government reimbursement as well as insurers liability for losses resulting from certified acts of terrorism when the amount of such losses exceeds 100 billion in any one calendar year. If the aggregate insured losses for all insurers exceed 100 billion your coverage may be reduced. The portion of your annual premium that is attributable to coverage for acts of terrorism is 857.00 and does not include any charges for the portion of losses covered by the United States government under the Act. PN1611207 T 2007 XL America Inc. Includes copyrighted material of the National Council on Compensation Insurance Inc. with s permission. POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE Coverage for acts of terrorism is included in your policy. You are hereby notified that under the Terrorism Risk Insurance Act as amended in 2007 the definition of act of terrorism has changed. As defined in Section 1021 of the Act The term 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 of terrorism to be a violent act or an act that is dangerous to human life property or infrastructure to have resulted in damage within the United States or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. Under your coverage any losses resulting from certified acts of terrorism may be partially reimbursed by the United States Government under a formula established by the Terrorism Risk Insurance Act as amended. However your policy may contain other exclusions which might affect your coverage such as an exclusion for nuclear events. Under the formula the United States Government generally reimburses 85 of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. The Terrorism Risk Insurance Act as amended contains a 100 billion cap that limits U.S. Government reimbursement as well as insurers liability for losses resulting from certified acts of terrorism when the amount of such losses exceeds 100 billion in any one calendar year. If the aggregate insured losses for all insurers exceed 100 billion your coverage may be reduced. The portion of your annual premium that is attributable to coverage for acts of terrorism is 857.00 and does not include any charges for the portion of losses covered by the United States government under the Act. | 2 |
COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY TABLE OF CONTENTS Beginning on Page I. Insuring Agreements A Insuring Agreement A Excess Follow Form Liability B Insuring Agreement B Umbrella Liability Over Self insured Retention Insuring Agreement C Disaster Response Coverage Il. Who Is An Insured lll. Defense And Settlement..... IV. Limits Of Insurance V. Exclusions A Exclusions Applicable to Insuring Agreements A and B B Exclusions Applicable to Insuring Agreement A Only.......... Exclusions Applicable to Insuring Agreement B Only.......... VL. Definitions VII. Conditions XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 1 of 26 | 2 |
COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY VARIOUS PROVISIONS IN THIS POLICY RESTRICT COVERAGE. READ THE ENTIRE POLICY CAREFULLY TO DETERMINE YOUR RIGHTS DUTIES AND WHAT IS AND WHAT IS NOT COVERED. THIS POLICY IS INCOMPLETE UNLESS THE DECLARATIONS AND ALL APPLICABLE FORMS AND ENDORSEMENTS ARE ATTACHED. THROUGHOUT THIS POLICY THE WORDS YOU AND YOUR REFER TO THE NAMED INSURED SHOWN IN DECLARATIONS ITEM 1 AND ANY OTHER PERSON OR ORGANIZATION QUALIFYING AS A NAMED INSURED UNDER THIS POLICY. THE WORDS WE US AND OUR REFER TO THE COMPANY PROVIDING THIS INSURANCE. WORDS AND PHRASES THAT APPEAR IN BOLD HAVE SPECIAL MEANING AND ARE DEFINED IN SECTION VI DEFINITIONS. INSURING AGREEMENTS In consideration of the payment of premium and subject to the terms definitions conditions and limitations of this policy including any endorsements or amendments thereto we agree with the named insured as follows A Insuring Agreement A Excess Follow Form Liability 1 We will pay on behalf of the insured subject to Section IV. Limits of Insurance those amounts the insured becomes legally obligated to pay as damages in excess of the scheduled underlying insurance as a result of a claim covered by the scheduled underlying insurance but only if the scheduled underlying insurance has been exhausted by the actual payment of loss to which this policy applies. Coverage under this Insuring Agreement A shall follow the terms definitions conditions and limitations of the scheduled underlying insurance subject to the policy period Limits of Insurance premium and any contrary provisions contained in this policy. However this Insuring Agreement A will not apply to any disaster response expense as described in Insuring Agreement C even if such insurance is covered by the scheduled underlying insurance or would have been but for the exhaustion of the scheduled underlying insurance. If we are prevented by law or statute from making payment on the insured s behalf under Insuring Agreement A we will indemnify the insured for those sums otherwise payable hereunder. Insuring Agreement B Umbrella Liability Over Self insured Retention 1 We will pay on behalf of the insured subject to Section IV. Limits of Insurance those amounts not covered by the scheduled underlying insurance that the insured becomes legally obligated to pay as damages in excess of the self insured retention because of bodily injury property damage including liability assumed by the insured under an insured contract or personal and advertising injury taking place anywhere in the world and caused by an occurrence during the policy period. The coverage provided by Insuring Agreement B will not apply to damages that would have been covered by the scheduled underlying insurance but for its exhaustion by the payment of loss. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 2 of 26 | 0 |
3 The coverage provided by Insuring Agreement B will not apply to any damages covered by Insuring Agreement A or arising out of subjects of insurance or exposures to loss for which this policy requires the scheduled underlying insurance to be maintained. 4 If we are prevented by law or statute from making payment on the insured s behalf under Insuring Agreement B we will indemnify the insured for those sums otherwise payable hereunder. We will make payment on behalf of the insured under Insuring Agreements A and B only if 1 Prior to the policy period no insured listed under Section Il. Who Is An Insured B1 6 7 8 9 or 10 no manager in your risk management insurance or legal department and no employee authorized by you to give or receive notice of an occurrence claim or suit knew prior to the policy period that the bodily injury or property damage had occurred in whole or in part or of the existence of any occurrence that caused personal and advertising injury or 2 During the policy period no insured listed under Section Il. Who is An Insured B 16 7 8 9 or 10 no manager in your risk management insurance or legal department and no employee authorized by you to give or receive notice of an occurrence claim or suit knew during the policy period that the bodily injury or property damage had occurred in whole or in part or of the existence of any occurrence that caused personal and advertising injury prior to the policy period. For these purposes bodily injury property damage and personal and advertising injury i continuation change or resumption of such bodily injury property damage or personal and advert will be deemed to have been known at the earliest time when any of the above referenced individuals 1 Reports all or any part of the bodily injury property damage or personal and advertising injury to us or any other insurer 2 Receives a claim because of the bodily injury property damage or personal and advertising injury or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to have occurred or an occurrence has been committed that has caused or may cause personal and advertising injury. Insuring Agreement C Disaster Response Coverage 1 We will indemnify the insured for disaster response expenses resulting from a disaster event occurring during the policy period provided a a disaster response advisor has been hired in connection with the disaster event and b a disaster event is reported to us at the number indicated in Declarations Item 8 within twenty four 24 hours of its commencement. 2 A disaster event will be deemed to commence when a key executive first becomes aware of a disaster event. A disaster event will be deemed to end when a we determine that any one of the elements listed in the definition of disaster event no longer exists or b the Disaster Response Expense Aggregate Limit listed in Declarations Item 3 has been exhausted whichever is earlier. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 3 of 26 | 1 |
If we and the insured disagree on whether a disaster event has occurred the insured s right of reimbursement under Insuring Agreement C shall be arbitrated pursuant to the rules of the American Arbitration Association for the state shown in Declarations Item 1. Payment by us of disaster response expenses will not determine or be evidence of our rights or obligations under Insuring Agreement A or B. Payment by us of disaster response expenses will not oblige us to assume any duty to control the investigation settlement or defense of any claim or suit that might arise from a covered disaster event. WHO IS AN INSURED A The following are insureds under Insuring Agreement A 1 2 The named insured. Any person or organization qualifying as an insured under the scheduled underlying insurance but for no broader coverage than would be afforded to such person or organization by the scheduled underlying insurance. B The following are insureds under Insuring Agreements B and C XCU 050 0811 The named insured. Any person or organization other than an employee or volunteer worker while such person or organization is acting as your real estate manager. Your legal representative if you die but only with respect to his or her duties as such. Your employees but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. Your volunteer workers but only while performing duties related to the conduct of your business. If you are designated in the Declarations as an individual then your spouse but only with respect to the conduct of a business of which you are the sole owner. If you are designated in the Declarations as a partnership or joint venture your partners and their spouses but only with respect to the conduct of your business. If you are designated in the Declarations as a limited liability company your members but only with respect to the conduct of your business and your managers but only with respect to their duties as such. If you are designated in the Declarations as an organization other than a partnership joint venture or limited liability company your executive officers and directors but only with respect to their duties as such. Your stockholders are also insureds but only with respect to their liability as stockholders. If you are designated in the Declarations as a trust your trustees but only with respect to their duties as such. Any organization in which you maintain an interest of more than fifty percent 50 as of the effective date of this policy. 2011 X.L. America Inc. All Rights Reserved. Page 4 of 26 May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 4 of 26 | 1 |
12 A partnership joint venture or limited liability company that you acquire or form during the policy period but only if we have named such partnership joint venture or limited liability company as an insured on a written endorsement that is made part of this policy. DEFENSE AND SETTLEMENT We will have the right and duty to defend any suit covered by Insuring Agreement A but only when the scheduled underlying insurance or other insurance has been exhausted by payment of loss to which this policy applies. We will have the right and the duty to defend any suit covered by Insuring Agreement B but only when such suit seeks damages because of bodily injury property damage or personal and advertising injury that are not covered by the scheduled underlying insurance or by other insurance. When we assume the defense of any suit under Paragraph A or B above we will have the right to investigate defend and settle such suit as we deem appropriate. We will defend any such suit even if it is groundless false or fraudulent. We also will pay the following supplementary payments in connection with any suit we defend but only if such supplementary payments are not covered by the scheduled underlying insurance or any other insurance 1 Premiums on appeal bonds or bonds to release attachments subject to the applicable Limits of Insurance set forth in the Declarations provided that we will not be obligated to apply for or furnish any such bond. 2 All costs taxed against an insured in connection with the suit. 3 Pre judgment interest awarded against the insured on that part of any judgment paid under this policy but only such interest as shall accrue before we make a settlement offer within the policy s applicable Limits of Insurance. 4 Post judgment interest that accrues after entry of judgment and before we have paid offered to pay or deposited in court that part of the judgment that is within this policy s applicable Limits of Insurance. 5 Reasonable expenses incurred by an insured at our request or with our consent. We will have no duty to defend investigate pay or settle or continue to defend investigate pay or settle a suit after the applicable Limits of Insurance set forth in the Declarations have been exhausted by the payment of loss in which case we will have the right to withdraw and discontinue our investigation or defense of such suit. We will have no duty to defend the insured against any suit seeking damages to which this insurance does not apply. If we are prevented by law or statute from assuming our defense obligations under Paragraph A or B we will pay any expenses incurred by you with our consent in connection with the defense of a suit otherwise covered by that section. Except as otherwise provided in this Section Ill. Defense and Settlement we shall have no duty to defend any suit against an insured. We however will have the right but not the duty to associate with you in the investigation settlement or defense of any claim or suit to which this policy applies in which case the insured will cooperate with us and make available all information and records we reasonably require. We will exercise our right to associate at our expense. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 5 of 26 | 1 |
LIMITS OF INSURANCE A The Limits of Insurance shown in Declarations Item 3 are the most we will pay for all damages under this policy regardless of the number of insureds claims made suits brought persons or organizations making claims or bringing suits or coverages provided by this policy. B Subject to this policy s Limits of Insurance we will pay only that amount of loss that is in excess of the retained limit. The amount shown in Declarations Item 3 for the General Aggregate Limit is the most we will pay for all loss other than 1 Loss covered in the scheduled underlying insurance to which no underlying aggregate limit applies or 2 Loss included in the products completed operations hazard. However with respect to Insuring Agreement A only if a policy shown in the scheduled underlying insurance has aggregate limits other than the products completed operations hazard aggregate limits then the General Aggregate Limit as shown in Declarations Item 3 will apply in the same manner as the aggregate limits shown in each policy listed in the scheduled underlying insurance but will be no broader. D The amount shown in Declarations Item 3 for the Products Completed Operations Aggregate Limit is the most we will pay for all loss included in the products completed operations hazard. E Subject to Paragraphs C and D above the Each Occurrence Limit shown in Declarations Item 3 is the most we will pay for all loss arising out of any one occurrence. F The amount shown in Declarations Item 3 for the Disaster Response Expense Aggregate Limit is the most we will pay for all disaster response expenses incurred during the policy period. This Disaster Response Expense Aggregate Limit is in addition to and does not reduce any other Limit of Insurance applicable to this policy. G If the limits for any scheduled underlying insurance policy are 1 Greater than the amount shown in the Schedule of Underlying Insurance this policy will apply in excess of the greater amount. 2 Less than the amount shown in the Schedule of Underlying Insurance this policy will apply in excess of the amount shown in the Schedule of Underlying Insurance and any other insurance that is applicable and collectible. H Expenses we incur to defend any suit or investigate any claim will be in addition to the policy s applicable Limits of Insurance unless such expenses reduce the limits of the scheduled underlying insurance in which case such expenses will reduce this policy s available Limits of Insurance. If the total applicable limits of the scheduled underlying insurance are reduced or exhausted by the actual payment of loss to which this policy applies this policy shall 1 In the event of reduction pay in excess of the sum of any remaining total applicable limits of the scheduled underlying insurance and any applicable and collectible other insurance. 2 In the event of exhaustion of the total applicable limits of scheduled underlying insurance and any applicable and collectible other insurance continue in force subject to the terms and conditions of this policy. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. Page 6 of 26 May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 6 of 26 | 1 |
If the limits of the scheduled underlying insurance are not collectible for any reason other than reduction or exhaustion by the payment of loss our obligations will not be increased and we will pay on your behalf only those amounts in excess of the limits of the scheduled underlying insurance. We will not make any payment under this policy unless and until 1 The total applicable limits of scheduled underlying insurance or any other insurance have been exhausted by the payment of loss to which this policy applies or 2 The total applicable self insured retention has been satisfied by the payment of loss to which this policy applies. When the amount of loss has finally been determined by an agreed settlement or a final judgment we will promptly pay on your behalf the amount of such loss within this policy s applicable Limits of Insurance. The policy s Limits of Insurance apply separately to each consecutive annual period and to any remaining period of less than twelve 12 months beginning with the policy s inception date shown in the Declarations. If the policy period is extended for a period of less than twelve 12 months the extended period will be deemed part of the immediately preceding policy period. EXCLUSIONS Exclusions Applicable to Insuring Agreements A and B This insurance does not apply to 1 Asbestos a The manufacture of mining of use of sale of installation of removal of distribution of or exposure to asbestos asbestos products asbestos fibers or asbestos dust b Any obligation of the insured to indemnify a party because of damages arising out of but not limited to the manufacture of mining of use of sale of installation of removal of distribution of or exposure to asbestos asbestos products asbestos fibers or asbestos dust or c Any obligation to defend any suit or claim against the insured that seeks damages if such suit or claim arises out of but not limited to the manufacture of mining of use of sale of installation of removal of distribution of or exposure to asbestos asbestos products asbestos fibers or asbestos dust. 2 Employment Practices Employment practices whether the insured may be liable as an employer or in any other capacity and including any obligation to share damages with or repay another. 3 ERISA A violation of the Employee Retirement Income Security Act of 1974 ERISA the Fair Labor Standards Act except the Equal Pay Act the National Labor Relations Act the Worker Adjustment and Retraining Notification Act the Consolidated Omnibus Budget Reconciliation Act the Occupational Safety and Health Act all as may be amended or any similar federal state or local statutory or common law or any rules or regulations promulgated thereunder. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 7 of 26 | 1 |
Intangible Property The loss of loss of use of damage to corruption of inability to access or inability to manipulate or process intangible property. For the purpose of this exclusion intangible property includes electronic data. No Fault Uninsured Motorist or Underinsured Motorist Laws Any obligation of the insured under any no fault uninsured or underinsured motorist law or any similar law. Nuclear Liability To injury or damage a With respect to which an insured is also an insured under a nuclear energy liability policy issued by the Nuclear Energy Liability Property Insurance Association the American Nuclear Insurers Mutual Atomic Energy Liability Underwriters or the Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability. b Resulting from the hazardous properties of nuclear material and with respect to which i any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any amendments thereto or i the insured is or but for this policy would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or an agency thereof with any person or organization. c Resulting from hazardous properties of nuclear material if i The nuclear material is at any nuclear facility owned or operated by or on behalf of an insured or has been discharged or dispersed therefrom. ii The nuclear material is contained in spent fuel or waste that was at any time possessed handled used processed stored transported or disposed of by or on behalf of an insured. iii The injury or damage or personal and advel g injury arises out of an insured s furnishing services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear faci If such facility is located within the United States of America its territories or possessions or Canada this Exclusion iii applies only to property damage to such nuclear facility and any property therein. Product Recall The loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of your product your work or impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. Securities a A violation of any securities law or similar law or any regulation promulgated thereunder b The purchase sale offer of sale or solicitation of any security debt insurance policy bank deposit or financial interest or instrument 2011 X.L. America Inc. All Rights Reserved. Page 8 of 26 May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. ii XCU 050 0811 Page 8 of 26 | 1 |
10 11 c Any representations made at any time in relation to the price or value of any security debt insurance policy bank deposit or financial interest or instrument or d The depreciation or decline in price or value of any security debt insurance policy bank deposit or financial interest or instrument. Violation of Communication or Information Laws Any act that violates any statute ordinance or regulation of any federal state or local government including any amendment thereto that prohibits or limits the sending transmitting or communicating of material or information. War War whether declared or not invasion hostilities civil war rebellion revolution insurrection military or usurped power strike riot or civil insurrection. Workers Compensation and Similar Laws Any obligation of the insured under any workers compensation disability benefits unemployment compensation law or any similar law. Exclusions Applicable to Insuring Agreement A Only This insurance does not apply to 1 Pollution a The actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants i At or from any premises site or location that is or was at any time owned used occupied by or rented or loaned to an insured. ii At or from any premises site or location that is or was at any time used for the handling storage disposal processing or treatment of waste. iiiy That are or were at any time transported handled stored treated disposed of or processed as waste by or for an insured or any person or organization for whom the insured may be legally responsible. iv At or from any premises site or location on which an insured or any contractors or subcontractors working directly or indirectly on an insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. v At or from any premises site or location on which an insured or any contractors or subcontractors working directly or indirectly on an insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. ii XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 9 of 26 | 1 |
vi vii vi That are contained in any property that is 1 Being transported towed by handled or handled for movement into onto or from an auto covered by the scheduled underlying insurance. 2 In the course of transit by or on behalf of an insured. 3 Being stored disposed of treated or processed in or upon an auto covered by this policy or scheduled underlying insurance. Before the pollutants or any property in which the pollutants are contained are moved from the place where they are accepted by the insured for movement into or onto an auto covered by scheduled underlying insurance or After the pollutants or any property in which the pollutants are contained are moved from an auto covered by this policy or the scheduled underlying insurance to the place where they are finally delivered disposed of or abandoned by the insured. Any loss cost or expense arising out of i ii 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. A 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. The following exceptions apply to Exclusion B1 but only if an otherwise covered claim or suit also is covered by the scheduled underlying insurance 1 Paragraphs 1ai through 1av do not apply to bodily injury or property damage included within the products completed operations hazard if your product or your work has not at any time been discarded dumped abandoned thrown away treated or handled as waste by anyone. Paragraphs 1ai and 1aiv do not apply with respect to bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. Paragraph 1ai does not apply to a Bodily injury sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests. Bodily injury or property damage for which an insured may be held liable if the insured is a contractor and the owner or lessee of a premises site or location has been added to the policy as an additional insured with respect to the insured s ongoing operations performed for that additional insured at such premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured. ii XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 10 of 26 | 1 |
4 Paragraph 1aiv does not apply to a Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids that are needed to perform normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor. b Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by the insured or on the insured s behalf by a contractor or subcontractor. Paragraph 1avi does not apply to fuels lubricants fluids exhaust gases or other similar pollutants that are needed for or result from the normal electrical hydraulic or mechanical functioning of an auto or its parts covered by the scheduled underlying insurance if a The pollutants escape seep migrate or are discharged dispersed or released directly from an auto part designed by its manufacturer to hold store receive or dispose of such pollutants and b The bodily injury or property damage does not arise out of the operation of any equipment listed in Subparagraphs 7b and c of the definition of mobile equipment. Paragraph 1avii does not apply to occurrences that take place away from premises owned by or rented to an insured with respect to pollutants not in or upon an auto covered by scheduled underlying insurance if a The pollutants or any property in which the pollutants are contained are upset overturned or damaged as a result of the maintenance or use of an auto covered by scheduled underlying insurance and b The discharge dispersal seepage migration release or escape of the pollutants is caused directly by such upset overturn or damage. Exclusions Applicable to Insuring Agreement B Only This insurance does not apply to 1 Aircraft Auto or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft auto or watercraft owned or operated by or rented or loaned to any insured. The term use shall include operation loading and unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others. Contractual Liability Bodily injury property damage or personal and advertising injury for which the insured is obligated to pay by reason of assumption of liability in a contract or agreement. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 11 of 26 | 1 |
Damage to Impaired Property Property damage to impaired property or property that has not been physically injured arising out of a defect deficiency inadequacy or dangerous condition in your product or your work or a delay or failure by the insured or anyone acting on the insured s behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. Damage to Real and Personal Property Property damage to a Property the insured owns rents or occupies including any costs or expenses incurred by the insured or another person organization or entity for the repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property. b Premises the insured sells gives away or abandons if the property damage arises out of any part of those premises. c Property loaned to the insured. d Personal property in the insured s care custody or control. e That particular part of real property on which the insured or any contractors or subcontractors working directly or indirectly on the insured s behalf are performing operations if the property damage arises out of those operations. f That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Damage to Your Product Property damage to your product arising out of it or any part of it. Damage to Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. Employee Injury Bodily injury to an employee of the insured arising out of and in the course of employment by the insured or performing duties related to the conduct of the insured s business or any injury to the spouse domestic partner child parent brother or sister of that employee as a consequence of bodily injury to an employee. This exclusion applies whether the insured may be liable as an employer or in any other capacity including an obligation to share damages with or repay another who must pay damages because of injury. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 12 of 26 | 1 |
10 11 Employees and Volunteer Workers To the liability of any employee or volunteer worker arising out of bodily injury property damage or personal and advertising injury To the insured its partners members employees or volunteer workers. To the spouse child parent brother sister of a person identified in Paragraph 8a above. Arising out of the providing or failing to provide professional health care services. Expected or Intended Bodily injury or property damage expected or intended from the standpoint of the insured. However this exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force by the insured to protect persons or property. Liquor Liability Bodily injury or property damage for which the insured may be held liable by reason of Causing or contributing to the intoxication of any person. The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol. Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. Personal and Advertising Injury Personal and advertising injury a b Caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. Arising out of oral or written publication of material by or at the direction of the insured with knowledge of its falsity. Arising out of oral or written publication of material whose first publication took place prior to the policy period. Arising out of a criminal act committed by or at the direction of an insured. For which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. Arising out of a breach of an expressed contract to use another s advertising idea in the insured s advertisement. Arising out of the failure of goods products or services to conform to any statement of quality or performance made in the insured s advertisement. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 13 of 26 | 1 |
12 Arising out of the wrong description of the price of goods products or services stated in the insured s advertisement. Arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. However this exclusion does not apply to infringement of copyright trade dress or slogan in your advertisement. Committed by an insured whose business is advertising broadcasting publishing or telecasting designing or determining content of websites for others or an Internet search access content or service provider. However this exclusion does not apply to Paragraphs DD 1 2 and 3 of the definition of personal and advertising injury. For the purposes of this exclusion the placing of frames borders or links or advertising for the insured or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. Arising out of an electronic chat room or bulletin board the insured hosts owns or over which the insured exercises control. Arising out of the unauthorized use of another s name likeness trade dress slogan style of doing business or product in the insured s e mail address domain name web page or Internet domain or metatag or any other similar tactics to mislead another s potential customers. Pollution a b The actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants. Any request demand order or statutory or regulatory requirement that the insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. Any claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. VI DEFINITIONS The following definitions are applicable to Insuring Agreements B and C and to the extent the following terms are not defined in the scheduled underlying insurance to Insuring Agreement A. A Advertisement means a notice that is broadcast or published to the general public or specific market segments about the insured s goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition notices that are published include material placed on the Internet or on similar electronic means of communication and regarding websites only that part of a website that is about the insured s goods products or services for the purposes of attracting customers or supporters is considered an advertisement. B Auto means a land motor vehicle trailer or semi trailer designed for travel on public roads including any attached machinery or equipment or any other land vehicle that is subject to a compulsory or financial responsibility law or other motor insurance law in the state where it is licensed or principally garaged. Auto does not include mobile equipment. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 14 of 26 | 1 |
M N Bodily injury means injury to the human body illness sickness or disease sustained by a person including mental anguish mental injury or death resulting from any of these at any time. By product material has the meaning given it in the Atomic Energy Act of 1954 or any law amendatory thereof. Claim means an express demand for damages including a suit resulting from an occurrence covered by this policy. Disaster event means an occurrence that in the good faith and reasonable opinion of a key executive has resulted in or is likely to result in all of the following 1 a claim for damages that is likely to exceed the retained limit 2 significant media coverage and 3 a need for a disaster response advisor. Disaster response advisor means a public relations firm or crisis management firm that is hired by the insured to perform disaster response advisory services in connection with a disaster event. Disaster response advisory services are those services performed by a disaster response advisor in advising the insured on minimizing potential harm from a covered disaster event by maintaining or restoring public confidence in the insured. Disaster response expenses are those amounts paid for the reasonable and necessary fees and expenses incurred by the insured or their disaster response advisor and pre approved by us including but not limited to medical expenses funeral expenses psychological counseling expenses travel expenses temporary living expenses printing and mailing expenses and expenses to secure the scene of a disaster event. 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. Employee includes a leased worker. Employee does not include a temporary worker. Employment practices means 1 Failure to hire any prospective employee or any applicant for employment. 2 Dismissal discharge or termination of any employee. 3 Failure to promote or advance any employee. 4 Employment related practices policies acts omissions or misrepresentations directed at a present past future or prospective employee including but not limited to a Coercion harassment humiliation or discrimination. b Demotion evaluation reassignment discipline or retaliation. c Libel slander humiliation defamation or invasion of privacy. d Violation of civil rights. First named insured means the insured first identified in Declarations Item 1. Hazardous properties include but are not limited to radioactive toxic or explosive properties. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 15 of 26 | 1 |
Hostile fire means a fire that becomes uncontrollable or breaks out from where it was intended to be. Impaired property means tangible property other than your product or your work that can not be used or is less useful because 1 2 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 of a contract or agreement if such property can be restored to use by 1 2 The repair replacement adjustment or removal of your product or your work or Your fulfilling the terms of the contract or agreement. Injury or damage as used in the Nuclear Energy Liability Exclusion of this policy includes all forms of radioactive contamination of property. Insured means any person or organization qualifying as such under Section Il. Who is An Insured of this policy. Insured contract means 1 A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract. A sidetrack agreement. An easement or license agreement except in connection with construction or demolition operations on or within fifty 50 feet of a railroad. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality. An elevator maintenance agreement. That part of any contract or agreement entered into as part of your business pertaining to the rental or lease by you or your employees of any auto. However such contract or agreement shall not be considered an insured contract to the extent 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. That part of any other contract or agreement pertaining to your business including the indemnification of a municipality in connection with work performed for such 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. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 16 of 26 | 1 |
Subparagraphs 6 and 7 above do not include that part of any contract or agreement a That pertains to the loan lease or rental of an auto to the insured or any of its employees if the auto is loaned leased or rented with a driver. b That holds harmless a person or organization that is engaged in the business of transporting property by auto for hire in connection with the insured s use of an auto covered by the scheduled underlying insurance over a route or territory that person or organization is authorized to serve by public authority. c That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within fifty 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing. d That indemnifies an architect engineer or surveyor in connection with preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or giving or failing to give directions or instructions. e Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including supervisory inspection architectural or engineering activities. Key executive means the insured s Chief Executive Officer Chief Operating Officer Chief Financial Officer President General Counsel general partner or sole proprietor. 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. Loss means those sums you become legally obligated to pay as settlements or judgments in connection with a covered claim. Loss shall include expenses incurred to investigate a claim or defend a suit if so provided in the scheduled underlying insurance. Mobile equipment means any of the following types of land vehicles including any machinery or equipment attached thereto that are not subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where such vehicle is licensed or principally garaged including 1 Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads. 2 Vehicles maintained for use solely on or next to premises the insured owns or rents. 3 Vehicles that travel on crawler treads. 4 Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted power cranes shovels loaders diggers or drills or road construction or resurfacing equipment such as graders scrapers or rollers. 5 Vehicles not described in Subparagraphs 1 through 4 above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types a Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or b Cherry pickers and similar devices used to raise or lower workers. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 17 of 26 | 1 |
Vehicles not described in Subparagraphs 1 through 4 above that are maintained primarily for purposes other than the transportation of persons or cargo. Self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos a Equipment designed primarily for snow removal road maintenance other than construction or resurfacing or street cleaning. b Cherry pickers and similar devices mounted on auto or truck chassis and used to raise or lower workers. c Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. Named insured means the person or entity identified in Declarations Item 1. Nuclear facility means 4 A nuclear reactor. Equipment or devices designed or used for a separating the isotopes of uranium or plutonium b processing or utilizing spent fuel or c handling processing or packaging waste. Equipment or devices used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the insured s custody at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235. Any structure basin excavation premises or place prepared or used for storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. Nuclear material means source material special nuclear material or by product material. 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. Occurrence means 1 With respect to bodily injury or property damage an accident including continuous or repeated exposure to substantially the same general harmful conditions. All exposure to substantially the same general harmful conditions will be deemed to arise out of one occurrence. With respect to personal and advertising injury an offense that results in personal and advertising injury. All damages that arise from the same related or repeated injurious material or offense will be deemed to arise out of one occurrence regardless of the frequency or repetition thereof the number and kind of media used or the number of claimants. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 18 of 26 | 1 |
CC DD EE FF GG Other insurance means a policy of insurance providing coverage for damages to which this insurance also applies. Other insurance also means any retention in an insurance policy other than this policy whereby a party other than an insurer is responsible for all or part of any sums payable. Other insurance does not include 1 Scheduled underlying insurance 2 The self insured retention or 3 Any policy of insurance specifically purchased to be excess of this policy and providing coverage also afforded by this policy. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses 1 False arrest detention or imprisonment. 2 Malicious prosecution. 3 The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor. 4 Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services. 5 Oral or written publication in any manner of material that violates a person s right of privacy. 6 The use of another s advertising idea in the insured s advertisement. 7 Infringing upon another s copyright trade dress or slogan in the insured s advertisement. Policy period means the period of time from the inception date shown in Declarations Item 2 to the earlier of the expiration date shown in Declarations Item 2 or the date this policy terminates. Pollutants means any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. For purposes of this definition waste shall include materials to be recycled reconditioned or reclaimed. Products completed operations hazard means all bodily injury and property damage occurring away from premises the insured owns or rents and arising out of your product or your work except products that are still in the insured s physical possession or work that has not yet been completed or abandoned. However your work will be deemed complete at the earliest of the following times 1 When all of the work called for in the insured s contract has been completed. 2 When all of the work to be done at the job site has been completed if the contract calls for work at more than one job site. 3 When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be deemed to be completed. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 19 of 26 | 1 |
HH 1 J KK L MM NN 00 PP Products completed operations hazard does not include bodily injury or property damage arising out of the transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by the insured and that condition was created by the loading or unloading of that vehicle by any insured or the existence of tools uninstalled equipment or abandoned or unused materials. Property damage means physical injury to tangible property including all resulting loss of use of that property and 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 physical injury that caused it. For purposes of this insurance electronic data is not tangible property. Retained limit means for Insuring Agreement A the total applicable limits of the scheduled underlying insurance shown in Declarations Item 5 or the actual limits of such scheduled underlying insurance whichever is greater and for Insuring Agreement B the self insured retention. Scheduled underlying insurance means 1 The policy or policies of insurance shown in the Schedule of Underlying Insurance forming a part of this policy and 2 Any renewal or replacement of any policy identified in Subparagraph 1 above. Scheduled underlying insurance does not include a policy of insurance specifically purchased to be excess of this policy. Self insured retention means the dollar amount set forth in Declarations Item 4 that the insured must pay before we are responsible to make payment under Insuring Agreement B. The self insured retention does not apply to occurrences that would have been covered by the scheduled underlying insurance but for the exhaustion of the applicable limits by the payment of loss. Source material has the meaning given it in the Atomic Energy Act of 1954 or any law amendatory thereof. Special nuclear material has the meaning given it in the Atomic Energy Act of 1954 or any law amendatory thereof. Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor. Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this policy applies are alleged including 1 An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent. 2 Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. Suit does not include any injunction or order from a governmental agency or body requesting action from any insured. 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. 1 XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 20 of 26 | 1 |
QQ 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. RR Waste as used in the Nuclear Energy Liability Exclusion of this policy means any waste material i containing by product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content and ii resulting from the operation by any person or organization of a nuclear facility included under the first two paragraphs of the definition of nuclear facility. SS Your product means 1 Any goods or products other than real property that are manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. Your product includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. Your product does not include vending machines or other property rented to or located for the use of others but not sold. TT Your work means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. Your work includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. Vil CONDITIONS A Actions Against Us No person or organization shall have a right under this policy 1 To bring suit against us in connection with this policy unless as a condition precedent thereto all policy terms and conditions have been fully complied with and the amount of an insured s obligation to pay shall have been finally determined either by judgment or written agreement between the insured the claimant or claimant s representative and us. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. Page 21 of 26 May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. XCU 050 0811 Page 21 of 26 | 1 |
2 To join us as a party to any action against an insured to determine the insured s liability. This insurance does not give anyone the right to add us as a party in an action against the insured to determine the insured s liability. Appeals We have the right but not the duty to appeal any judgment in excess of the scheduled underlying insurance and the liability limits of other insurance even if the insured or the insurers providing the scheduled underlying insurance or other insurance do not appeal such a judgment. If we exercise this right we shall pay in addition to the policy s applicable Limits of Insurance all costs taxes expenses incurred and interest on judgments incidental to such an appeal. Assignment Your rights and duties under this policy may not be transferred or assigned without our written consent. If you die or are legally declared bankrupt your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. However notice of cancellation sent to the first named insured designated in Declarations Item 1 and mailed to the address shown on the Declarations will be sufficient notice to effect cancellation of this policy. Audit We may audit and examine your books and records as they relate to this policy at any time during the policy period and for up to three 3 years after policy expiration or termination. Authorization and Notices The first named insured will act on behalf of all insureds with respect to the giving or receiving of any notices under this policy payment or return of premiums and receiving and accepting policy endorsements. The first named insured also shall be responsible for notifying us and all insureds of any changes that might affect the insurance provided by this policy. Bankruptcy or Insolvency The insured s bankruptcy insolvency receivership or inability to pay or the bankruptcy rehabilitation liquidation insolvency receivership or inability to pay of any insurers providing the scheduled underlying insurance or other insurance will not relieve us from the payment of loss covered by this policy. Under no circumstances will such bankruptcy rehabilitation liquidation insolvency receivership or inability to pay require us to drop down replace or assume any obligation under the scheduled underlying insurance and this insurance will apply as if all the limits of any scheduled underlying insurance are fully available and collectible. Cancellation and Non Renewal 1 The first named insured may cancel this policy by mailing or delivering advance written notice to us stating when the cancellation is to take effect. 2 We may cancel this policy by mailing or delivering to the first named insured written notice of cancellation at least ten 10 days before the effective date of cancellation for non payment of premium or ninety 90 days before the effective date of a cancellation for any other reason. 3 We will mail or deliver notice to the first named insured s last mailing address known to us. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 22 of 26 | 1 |
Notice of cancellation will state the effective date of cancellation. The policy period will end on the day and hour stated in the cancellation notice. If this policy is cancelled we will send to the first named insured any premium refund due as follows a If we cancel final premium will be calculated pro rata based on the time this policy was in force. Final premium will not be less than the pro rata share of the Minimum Premium shown in Declarations Item 6. b If the first named insured cancels final premium will be based on the time this policy was in force. The return premium will be calculated at ninety percent 90 of the pro rata unearned premium. Final premium will not be less than the short rate share of the Minimum Premium shown in Declarations Item 6. Premium adjustment may be made at the time of cancellation or as soon as practicable thereafter but the cancellation will be effective even if we have not made or offered any refund of unearned premium. We or our representative s check mailed or delivered shall be sufficient tender of any refund due. If we decide not to renew this policy we will mail or deliver to the first named insured written notice of the non renewal not less than thirty 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice under this condition. Any of these provisions that conflict with a law that controls the cancellation or non renewal of this policy are hereby changed to comply with that law. Changes Notice to any agent or knowledge possessed by any agent of ours or any other person will not affect a waiver or change in any part of this policy. This policy can be changed only by a written endorsement issued by us or our authorized representative and made part hereof. Duties in the Event of an Occurrence Claim or Suit 1 You must see to it that we are notified as soon as practicable of an occurrence that is likely to involve this policy. To the extent possible notice should include a How when and where the occurrence took place. b The names and addresses of any injured persons and any witnesses. c The nature and location of any injury or damage arising out of the occurrence. If a claim is made against any insured that is reasonably likely to involve this policy you must notify us in writing as soon as practicable. You and any other involved insured must a Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim. b Authorize us to obtain records and other information. c Cooperate with us in the investigation settlement or defense of the claim. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 23 of 26 | 1 |
d Assist us in the enforcement of any right against any person or organization that may be liable to the insured because of injury or damage to which this insurance may also apply. e Written notice should be mailed to the following address XL Group PO Box 614002 Orlando FL 32861 4002 Email napropcasclaimnewnoticesxlgroup.com 3 No insured will except at their own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our expressed consent. Headings The descriptions in the headings and sub headings of this policy are solely for convenience and form no part of the terms and conditions of coverage. Inspection We or our duly authorized agent have the right but not the duty to 1 Make inspections and surveys of the insured s premises and operations at any time. 2 Recommend changes. 3 Conduct loss control and prevention activity. Such inspections surveys reports or recommendations are for our benefit and relate to insurability of the risk and the premium to be charged for this policy and do not constitute a representation or warranty that the insured s premises operations or conditions are safe or healthy or comply with applicable laws regulations or codes. Maintenance of Underlying Insurance During the policy period you agree 1 To keep scheduled underlying insurance in full force and effect. 2 That the terms definitions conditions and exclusions of scheduled underlying insurance will not materially change. 3 That the policy limits for the scheduled underlying insurance shall not decrease except for any reduction or exhaustion of aggregate limits by payment of loss. 4 That the coverage of any renewals or replacements of scheduled underlying insurance will be no less broad than and carry limits of insurance equal to or greater than the policy being renewed or replaced. If you fail to comply with these requirements we will be liable only to the same extent that we would have been if you fully complied with these requirements. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 24 of 26 | 1 |
Other Insurance If other insurance applies to damages covered by this policy this policy will apply excess of such other insurance. However this provision will not apply 1 2 If the other insurance is written to be excess of this policy. With respect to Insuring Agreement A only if you have agreed in a written contract with another person or organization that this policy shall be primary and non contributory with such other person or entity s coverage but only with respect to damages arising out of insured operations or work on your behalf performed under such written contract. When this Paragraph 2 applies the coverage available to the other person or organization will be the lesser of the policy s Limits of Insurance or the minimum limits required by such written contract. In that case other insurance of that person or organization will apply as excess and not contribute prior to the insurance afforded by this policy. Nothing in this Condition M shall make this policy subject to the terms conditions and limitations of such other insurance. Premium 1 2 The first named insured shall be responsible for payment of all premiums when due. The premium for this policy shall be computed on the basis set forth in Declarations Item 6. At the beginning of the policy period the first named insured must pay us the Premium shown in Declarations Item 6. When this policy expires or is cancelled we will compute the earned premium for the time this policy was in force. If this policy is subject to audit adjustment the actual exposure base will be used to compute the earned premium. If the earned premium is greater than the original premium paid you will promptly pay us the difference. If the earned premium is less than the original premium paid we will return the difference to you. But in any event we shall retain the Minimum Premium as shown in Declarations Item 6 for each twelve 12 months of the policy period. Separation of Insureds Except with respect to the Limits of Insurance of this policy and rights or duties specifically assigned to you this insurance applies as if each insured were the only insured and separately to each insured against whom claim is made or suit is brought. Transfer of Rights of Recovery 1 If any insured has the right to recover all or part of any payment we have made under this policy those rights are transferred to us. You must do nothing after loss to impair these rights and must help us enforce them. If prior to the time of an occurrence you and the insurer of scheduled underlying insurance waive any right of recovery against a specific person or organization for injury or damage as required under an insured contract we also will waive any rights it may have against such person or organization. Any recoveries shall be applied as follows a Any person or organization including you that has paid an amount in excess of the applicable Limits of Insurance of this policy will be reimbursed first. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 25 of 26 | 1 |
b We will then be reimbursed up to the amount we have paid. c Lastly any person or organization including you that has paid an amount over which this policy is excess is entitled to claim the remainder. Expenses incurred in the exercise of rights of recovery shall be apportioned among the persons or organizations including you in the ratio of their respective recoveries as finally determined. Q Unintentional Failure to Disclose Your failure to disclose all hazards existing as of the inception date of this policy will not prejudice you with respect to the coverage afforded by this policy provided that any such failure or omission is not intentional. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 26 of 26 | 1 |
ENDORSEMENT 3 This endorsement effective 1201 a.m. June 01 2013 forms a part of Policy No. US00058016LI13A issued to Michaels Stores Inc. by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES CANCELLATION AND NON RENEWAL This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY Section VII. Conditions G Cancellation and Non Renewal is replaced with the following G Cancellation and Non Renewal 1 2 The first named insured may cancel this policy by mailing or delivering advance written notice to us stating when the cancellation is to take effect. We may cancel this policy by mailing or delivering to the first named insured written notice of cancellation stating the reason for cancellation at least ten 10 days before the effective date of cancellation for non payment of premium or ninety 90 days before the effective date of cancellation for any other reason. 3 The permissible reasons for cancellation are as follows a If this policy has been in effect for sixty 60 days or less we may cancel for any reason except that under the provisions of the Texas Insurance Code we may not cancel this policy solely because the policyholder is an elected official. b If this policy has been in effect for more than sixty 60 days or if it is a renewal or continuation of a policy issued by us we may cancel only for one or more of the following reasons i Fraud in obtaining coverage ii Failure to pay premiums when due iii An increase in hazard within the control of the insured which would produce an increase in rate iv Loss of our reinsurance covering all or part of the risk covered by the policy or v If we have been placed in supervision conservatorship or receivership and the cancellation is approved or directed by the supervisor conservator or receiver. 4 Notice of cancellation will state the effective date of cancellation. The policy period will end on the day and hour stated in the cancellation notice. 5 If this policy is cancelled we will send to the first named insured any premium refund due as follows a If we cancel final premium will be calculated pro rata based on the time this policy was in XCU 100 TX 0811 2011 X.L. America Inc. All Rights Reserved. Page 1 of 2 May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. | 2 |
force. Final premium will not be less than the pro rata share of the Minimum Premium shown in Item 6 of the Declarations. b If the first named insured cancels final premium will be based on the time this policy was in force. The return premium will be calculated ninety percent 90 of the pro rata unearned premium. Final premium will not be less than the short rate share of the Minimum Premium shown in Declarations ltem 6. Premium adjustment may be made at the time of cancellation or as soon as practicable thereafter but the cancellation will be effective even if we have not made or offered any refund of unearned premium. We or our representative s check mailed or delivered shall be sufficient tender of any refund due. We may elect not to renew this policy except that under the provisions of the Texas Insurance Code we may not refuse to renew this policy solely because the policyholder is an elected official. If we elect not to renew this policy we may do so by mailing or delivering to the first named insured written notice of non renewal stating the reason for non renewal at least sixty 60 days before the expiration date. If notice is mailed or delivered less than sixty 60 days before the expiration date this policy will remain in effect until the 61st day after the date on which the notice is mailed or delivered. Earned premium for any period of coverage that extends beyond the expiration date will be computed pro rata based on the previous year s premium. We will mail or deliver cancellation or non renewal notice 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 under this condition. The transfer of a policyholder between admitted companies within the same insurance group is not considered a refusal to renew. Any of these provisions that conflict with a law that controls the cancellation or non renewal of this policy are hereby changed to comply with that law. All other terms and conditions remain the same. XCU 100 TX 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 2 of 2 | 2 |
ENDORSEMENT 4 This endorsement effective 1201 a.m. June 01 2013 forms a part of Policy No. US00058016LI113A issued to Michaels Stores Inc. by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM WITH RETAINED LIMIT Applicable to Insuring Agreements A and B This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY The following is added to Section V. Exclusions A This insurance does not apply If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insurance Act exceed 100 billion in a Program Year and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. With respect to this endorsement Declarations Item 4 Self Insured Retention is amended to include the following Terrorism Retained Limit 1000000 Each certified act of terrorism Solely with respect to any liability arising out of any certified act of terrorism Section Ill. Defense and Settlement is deleted in its entirety and replaced by the following The Company has no duty to assume control of the investigation defense or settlement of any claim made suit brought or proceeding instituted against the insured. The Company will however have the right and shall be given the opportunity to participate in the defense and trial of any claims suits or proceeding relative to any occurrence which in our opinion may create liability on our part under the terms of this policy. If we exercise such right we will do so at our own expense. Section VI. Definitions is amended as follows a Item I1 Retained limit is deleted in its entirety and replaced by the following Retained limit means whichever of the following is greater 1 For Insuring Agreement A the total of the applicable limits of scheduled underlying insurance providing coverage to the insured or the actual limits of such scheduled underlying insurance whichever is greater For Insuring Agreement B the self insured retention stated in Declarations Item 4 applicable to each occurrence that results in a loss other than a certified act of terrorism not covered by scheduled underlying insurance or Page 1 of 2 XCU 901 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
3 The Terrorism Retained Limit shown in Paragraph Il. above which applies to each certified act of terrorism whether or not there is applicable scheduled underlying insurance or any other collectible insurance. Applicable scheduled underlying insurance may be applied to reduce or exhaust the Terrorism Retained Limit. Defense expenses shall not erode the Terrorism Retained Limit. For the purposes of this endorsement the following definitions are added to Section VI. Definitions Defense expenses means any payment allocated to the investigation settlement or defense of a specific claim or suit including the following 1 Attorney s fees and all other investigation loss adjustment and litigation expenses Premiums on bonds to release attachments Premiums on appeal bonds required by law to appeal any claim or suit Costs taxed against the insured by law to appeal any claim or suit Pre judgment interest awarded against the insured and Interest that accrues after entry of judgment. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act and any amendment thereto. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following 1 The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. b All other terms and conditions remain the same. Page 2 of 2 XCU 901 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
ENDORSEMENT 5 This endorsement effective 1201 a.m. June 01 2013 forms a part of Policy No. US00058016LI113A issued to Michaels Stores Inc. by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CLAIMS MADE ENDORSEMENT Applicable to Insuring Agreements A and B This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY THIS ENDORSEMENT AMENDS THE POLICY TO INCLUDE CLAIMS MADE COVERAGE FOLLOWING THE CLAIMS MADE UNDERLYING INSURANCE SCHEDULED ON THIS ENDORSEMENT. THE COVERAGE PROVIDED HEREIN APPLIES ONLY TO CLAIMS MADE AGAINST AN INSURED DURING THE POLICY PERIOD OR EXTENDED REPORTING PERIOD IF APPLICABLE. I The following is added only to Section I. Insuring Agreements A Excess Follow Form Liability of the policy As respects to claims made underlying insurance only Insuring Agreement A of this policy will apply to loss in excess of the claims made underlying insurance scheduled on this endorsement provided that 1 A claim is first made against any insured during the policy period of this policy Should any claims made underlying insurance require that a claim be reported to an underlying insurer in a particular manner in order to affect coverage such claim must also be reported to us with the same reporting requirements as are required under such claims made on the underlying insurance 3 A claim results from bodily injury property damage or personal and adverti occurred g injury which a On or after the Retroactive Dates as shown on the Schedule in Section VI. of this endorsement but b Before the last day of the policy period of this policy or the cancellation date whichever comes first. The amount we will pay for loss covered by this endorsement is limited as described in the Declarations Item 3. Limits of Insurance of this policy. I The following exclusions are added to Section V. Exclusions A for Insuring Agreements A and B of this policy This insurance shall not apply to 1 Previously Reported Claims Loss arising out of or in any manner related to any claim which any insured has given any notice to any insurer before the inception date set out in the Declarations of this policy XCU 406 0811 2011 X.L. America Inc. All Rights Reserved. Page 1 0of 4 May not be copied without permission. b Page 1 of 4 XCU 406 0811 | 2 |
Claims Occurring Outside the Coverage Period Loss arising out of any obligation or liability incurred by or imposed upon any insured if the injury or damages occur before the Retroactive Dates of this policy or occur after the end of the policy period. The Retroactive Dates of this policy shall be the Retroactive Dates applicable in the underlying insurance shown in Section VI. of this endorsement. This policy will not recognize the reduction or exhaustion of the underlying insurance by any claim or suit or payment of loss cost or expense excluded herein. Il For the purposes of this endorsement the following exclusion is added to Section V. Exclusions C applying to Insuring Agreement B 1 Insuring Agreement B shall not apply to any liability that would be covered under Insuring Agreement A but for the failure of the Insured to comply with the claims reporting provisions of this endorsement or any Extended Reporting Period Endorsement issued by this policy. Bodily injury property damage and personal and advertising injury arising out of any claims made coverage that is granted in any policy shown in the scheduled underlying insurance and other insurance. A The following are added to Section VII. Conditions of this policy 1 Notice of Potential Claim Notice of an occurrence is not notice of a claim. We are to be properly notified of any occurrence as specified in Condition 1. of this policy. V. The following Section is added to this policy and applies only to claims made coverage provided under this endorsement for Insuring Agreement A only Reporting Period A B XCU 406 0811 We will provide a Basic Extended Reporting Period as described in Paragraph B. below if 1 This insurance is cancelled or not renewed or We renew or replace this insurance with other insurance that a Has a Retroactive Date later than the Retroactive Date shown in Section VI. below or b Does not apply to loss or suit on a claims made basis. Basic Extended Reporting Period A Basic Extended Reporting Period is automatically provided by this endorsement. Under this provision claims first made within sixty 60 days of the end of the policy period will be deemed to have been made during the policy period of this policy. The Basic Extended Reporting Period does not apply to claims that are covered under any subsequent insurance you purchase or that would be covered but for the exhaustion of the amount of insurance applicable to such claims. Extended Reporting Period If the claims made underlying policies scheduled on this endorsement have provided an extended reporting period and an extended reporting period is requested of us we will issue an endorsement 2011 X.L. America Inc. All Rights Reserved. Page 2 of 4 May not be copied without permission. | 2 |
providing an extended reporting period subject to the following conditions 1 4 6 Our extended reporting period will be the lesser of a Three 3 years or b The same duration as the extended reporting period granted under the claims made underlying insurance shown in Section V. of this endorsement. The first named insured must make a written request to us for an extended reporting period within sixty 60 days after the end of the policy period shown in the Declarations of this policy or the cancellation date of this policy whichever is first. Our extended reporting period will not take effect unless the additional premium determined by us is paid when due and the same extended reporting period is purchased on the claims made underlying insurance shown in Section V. of this endorsement. The premium for the extended reporting period will be fully earned when the extended reporting period takes effect. Our extended reporting period will only apply to bodily injury property damage or personal and advel g injury to which this policy applies a On or after the Retroactive Date as shown on the schedule of this endorsement but b Before the end of the policy period or the cancellation date of this policy whichever comes first if the cancellation is for any reason other than nonpayment of premium the insured s failure to comply with any term or condition fraud or material misrepresentation. Our extended reporting period will not reinstate or increase the policy s aggregate limits except to the extent provided for in the extended reporting period endorsement we issue. A claim first made during our extended reporting period will have to have been made on the last day of the policy period of this policy or the cancellation date whichever is first. a Subject to Item 4. above this policy s extended reporting period will only apply to those claims which are covered by the claims made underlying insurance policy s extended reporting period shown in Section VI. of this endorsement. b If the underlying policy shown in Section VI. of this endorsement requires that a claim be reported to such underlying insurer in order to effect coverage then our policy s extended reporting period will also incorporate those same claims reporting requirements. 4 b 5 b Page 3 of 4 XCU 406 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
VI. Item 5. Underlying Insurance shown on the Declarations is amended to include the following claims made underlying insurance SCHEDULE OF UNDERLYING INSURANCE AR Underlying Insurance Insurance Company Claims Made Coverages Limits Retroactive Date General Liability Safety National Employee Benefits Liability 1000000 Each Employee 1000000 Aggregate Limit 06012008 Note if the phrase Not Applicable or N A is shown next to Retroactive Date for the underlying above then the Retroactive Date of this policy will be the effective date of this endorsement. If none state NONE. If blank the Retroactive Date of this policy will be the effective date of this endorsement. All other terms and conditions remain the same. Page 4 of 4 XCU 406 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
ENDORSEMENT 6 This endorsement effective 1201 a.m. June 01 2013 forms a part of Policy No. US00058016LI13A issued to Michaels Stores Inc. by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CROSS CLAIM EXCLUSION NAMED INSURED VS. NAMED INSURED Applicable to Insuring Agreements A and B This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY The following is added to Section V. Exclusions A This insurance does not apply to Any claim or suit brought by one named insured under this policy against another named insured under this policy. All other terms and conditions remain the same. Page 1 of 1 XCU 635 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
ENDORSEMENT 7 This endorsement effective 1201 a.m. June 01 2013 forms a part of Policy No. US00058016LI113A issued to Michaels Stores Inc. by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DAMAGE TO REAL AND PERSONAL PROPERTY EXCLUSION Applicable to Insuring Agreement A This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY The following is added to Section V. Exclusions B This insurance does not apply to Property damage to a Property the insured owns rents or occupies including any costs or expenses incurred by the insured or another person organization or entity for the repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property. Premises the insured sells gives away or abandons if the property damage arises out of any part of those premises. Property loaned to the insured. Personal property in the insured s care custody or control. That particular part of real property on which the insured or any contractors or subcontractors working directly or indirectly on the insured s behalf are performing operations if the property damage arises out of those operations. That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. b d e All other terms and conditions remain the same. Page 1 of 1 XCU 639 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
ENDORSEMENT 8 This endorsement effective 1201 a.m. June 01 2013 forms a part of Policy No. US00058016LI13A issued to Michaels Stores Inc. by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DISCRIMINATION EXCLUSION Applicable to Insuring Agreement B This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY The following is added to Section V. Exclusions C This insurance does not apply to Bodily injury property damage and personal and advertising injury arising out of Any form of discrimination whatsoever based upon age gender race color national origin creed religion sexual orientation marital status veterans status pregnancy sickness disease disability physical capabilities physical characteristics physical condition mental capabilities mental condition or any similar category or class committed or alleged to have been committed by an insured or by anyone for whom an insured is actually or allegedly responsible whether intentional or unintentional whether the discrimination is direct or indirect. No inference shall be made from omission of a category or class in the above paragraph that coverage applies to that category or class. All other terms and conditions remain the same. Page 1 of 1 XCU 647 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
ENDORSEMENT 9 This endorsement effective 1201 a.m. June 01 2013 forms a part of Policy No. US00058016LI13A issued to Michaels Stores Inc. by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYEE BENEFITS LIABILITY EXCLUSION Applicable to Insuring Agreement B This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY The following is added to Section V. Exclusions C This insurance does not apply to Bodily injury property damage and personal and advertising injury arising out of 1 any violation of any of the responsibilities obligations or duties imposed upon fiduciaries by ERISA or any similar law regarding workers compensation unemployment insurance Social Security or any government mandated disability benefits or 2 any act error or omission committed by or on behalf of the insured solely in the performance of one or more of the following administrative duties or activities a giving counsel to employees with respect to a plan b interpreting a plan c handling of records in connection with a plan d effecting enroliment termination or cancellation of employees under a plan or e any claim against an insured solely by reason of his her or its status as an administrator the plan or you as sponsor of the plan. For the purposes of this endorsement the following definitions are added to Section VI. Definitions Claim means a written demand upon the insured for compensatory damage or services and shall include the service of suit or institution of arbitration proceedings against the insured. ERISA means the Employee Retirement Income Security Act of 1974 including amendments related to the Consolidated Omnibus Budget Reconciliation Act of 1985 and including any amendment or revisions thereto or any similar common or statutory law of the United States Canada or any state or jurisdiction anywhere in the world to which a plan is subject. Plan means any plan fund or program established anywhere in the world regardless of whether it is subject to regulation under Title 1 of ERISA or meets the requirements for qualification under Section 401 of the Internal Revenue Code of 1986 as amended and which is Page 1 of 2 XCU 652 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
a welfare plan as defined in ERISA or any similar law regarding workers compensation unemployment insurance Social Security or any government mandated disability benefits. a pension plan as defined in ERISA or any similar law regarding workers compensation unemployment insurance Social Security or any government mandated disability benefits or a combination of 1 and 2 above. All other terms and conditions remain the same. Page 2 of 2 XCU 652 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
ENDORSEMENT 10 This endorsement effective 1201 a.m. June 01 2013 forms a part of Policy No. US00058016LI13A issued to Michaels Stores Inc. by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYERS LIABILITY EXCLUSION Applicable to Insuring Agreement B This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY The following is added to Section V. Exclusions C This insurance does not apply to Bodily injury to any employee of the insured arising out of and in the course of his or her employment by the insured or performance of duties related to the conduct of the insured s business. All other terms and conditions remain the same. Page 1 of 1 XCU 654 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
ENDORSEMENT 11 This endorsement effective 1201 a.m. June 01 2013 forms a part of Policy No. US00058016LI113A issued to Michaels Stores Inc. by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FOREIGN LIABILITY EXCLUSION Applicable to Insuring Agreement B This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY The following is added to Section V. Exclusions C This insurance does not apply to Bodily injury property damage and personal and advertising injury arising out of An occurrence happening outside the United States of America its territories or possessions or Canada. All other terms and conditions remain the same. Page 1 of 1 XCU 669 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
ENDORSEMENT 12 This endorsement effective 1201 a.m. June 01 2013 orms a part of Policy No. US00058016LI113A issued to Michaels Stores Inc. by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA LIABILITY EXCLUSION Applicable to Insuring Agreement B This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY The following is added to Section V. Exclusions C This insurance does not apply to Bodily injury property damage and personal and advertising injury arising out of a Any liability which would not have occurred in whole or in part but for the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed concurrently or in any sequence to such injury or damage. b Any loss cost or expenses arising out of the abating testing for monitoring clean up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. This exclusion does not apply to any fungi or bacteria that are are on or are contained in a good or product intended for bodily consumption. For the purposes of this endorsement the following definition is added to Section VI. Definitions Fungi means any type or form of fungus including mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. b All other terms and conditions remain the same. Page 1 of 1 XCU 6710811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
ENDORSEMENT 13 This endorsement effective 1201 a.m. June 01 2013 forms a part of Policy No. US00058016LI113A issued to Michaels Stores Inc. by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KNOWLEDGE OF OCCURRENCE OR CLAIM CONDITIONS AMENDMENT This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY Section VII. Conditions is amended to include the following Knowledge of an occurrence claim or suit by your agent servant or employee shall not in itself constitute knowledge by the insured unless the Risk Manager or Risk Management Department responsible for insurance matters of the insured s corporation shall have received such notice from the agent servant or employee. All other terms and conditions remain the same. Page 1 of 1 XCU 416 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
ENDORSEMENT 14 This endorsement effective 1201 a.m. June 01 2013 forms a part of Policy No. US00058016LI113A issued to Michaels Stores Inc. by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LEAD EXCLUSION Applicable to Insuring Agreement B This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY The following is added to Section V. Exclusions C This insurance does not apply to 1 Bodily injury property damage or personal and advertising injury arising out of lead including but not limited to the ingestion inhalation or absorption of lead in any form 2 Any loss cost or expense arising out of any request demand or order that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of lead or 3 Any loss cost or expense arising out of any claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of lead. All other terms and conditions remain the same. Page 1 of 1 XCU 6810811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
ENDORSEMENT 15 This endorsement effective 1201 a.m. June 01 2013 forms a part of Policy No. US00058016LI113A issued to Michaels Stores Inc. by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SILICA AND SILICA RELATED DUST EXCLUSION Applicable to Insuring Agreement B This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY The following is added to Section V. Exclusions C This insurance does not apply to Bodily injury property damage and personal and advertising injury arising out of 1 The actual alleged threatened or suspected inhalation of or ingestion of silica or silica related dust. The actual alleged threatened or suspected contact with exposure to existence of or presence of silica or silica related dust. 3 Any loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of silica or silica related dust by any insured or by any other person or entity. For the purposes of this endorsement the following definitions are added to Section VI. Definitions Silica means silicon dioxide occurring in crystalline amorphous and impure forms silica particles silica dust or silica compounds. Silica related dust means a mixture or combination of silica and other dust or particles. All other terms and conditions remain the same. Page 1 of 1 XCU 7350811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
ENDORSEMENT 16 This endorsement effective 1201 a.m. June 01 2013 forms a part of Policy No. US00058016LI113A issued to Michaels Stores Inc. by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SUBSIDENCE EXCLUSION Applicable to Insuring Agreements A and B This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY The following is added to Section V. Exclusions A This insurance does not apply to The subsidence settling sinking slipping falling away caving in shifting eroding mud flow rising tilting or any other movements of land or earth if any of the foregoing emanates from or is attributable to any operations of the insured. All other terms and conditions remain the same. Page 1 of 1 XCU 736 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
ENDORSEMENT 17 This endorsement effective 1201 a.m. June 01 2013 forms a part of Policy No. US00058016LI113A issued to Michaels Stores Inc. by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FOREIGN LIABILITY EXCLUSION INCLUDING EXCLUSION FOR CANADA Applicable to Insuring Agreement B This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY The following is added to Section V. Exclusions C This insurance does not apply to Bodily injury property damage and personal and advertising injury arising out of An occurrence happening outside the United States of America or its territories or possessions. All other terms and conditions remain the same. Page 1 of 1 Manuscript 2013 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
ENDORSEMENT 18 This endorsement effective 1201 a.m. June 01 2013 forms a part of Policy No. US00058016LI13A issued to Michaels Stores Inc. by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SHARED LIMITS OF INSURANCE ENDORSEMENT Applicable to Insuring Agreements A and B This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY SECTION IV. LIMITS OF INSURANCE is amended to include the following I. Shared Limits of Insurance The following Shared Limits of Insurance will apply to the combined total of all amounts payable under a this Policy as damages and b the policyies referenced in the Schedule included in this endorsement as Ultimate Net Loss Shared Limits of Insurance Each Occurrence General Aggregate In accordance with Section IV. Limits of Insurance Products Completed Operation Aggregate in accordance with Section IV. Limits of Insurance 25000000 25000000 25000000 Accordingly the maximum amount we will pay under this Policy and the policyies shown in the Schedule of this endorsement combined will not exceed the Shared Limits of Insurance regardless of any aggregate limit per Occurrence per accident per event per wrongful act or any other Limits of Insurance in this Policy or the Scheduled policyies. Additionally the Limits of Insurance shown in Item 3. of the Declarations of this Policy will be reduced by any amounts paid under the policy shown in the Schedule of this endorsement because the Limits of Insurance of the policy shown in the Schedule are now part of the Shared Limits of Insurance and not in addition to the Limits of Insurance of this Policy. In the event of inconsistency between this endorsement and a any other part of this Policy including the Declarations or b the policy including the Declarations shown in the Schedule this endorsement will prevail. Page 1 of 2 MANUSCRIPT 2013 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
SCHEDULE Country of Issuance Insurer Policy Number Canada XL Insurance Company Limited CA00002370LI13A All other terms and conditions remain the same. Page 2 of 2 MANUSCRIPT 2013 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
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