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Form Manuscript Issue Date No. US00058016LI13A Endorsement No. 19 Form Manuscript Rev. Page Effective Date June 01 2013 Issue Date Attached to and forming part of Policy No. US00058016LI113A Issued To Michaels Stores Inc. By XL Specialty Insurance Company AMENDMENT TO LIMITS OF INSURANCE GENERAL AGGREGATE LIMITS Rev. Page This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided under the following Commercial Excess Follow Form and Umbrella Liability Policy Itis agreed that SECTION IV. LIMITS OF INSURANCE C is deleted in its entirety and replaced by the following 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. All other terms definitions conditions and exclusions of this policy remain unchanged. MANUSCRIPT XL America Inc. 2012 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
SUGAR FOODS CORPORATION 950 THIRD AVENUE 21 T FLOOR NEW YORK NY 10022 CNI90 04 0112 Insured | 2 |
ATTN JOSH MILLER LOCKTON COMPANIES LLC 444 W 47 ST STE 900 KANSAS CITY MO 64112 1906 CNI90 050112 Producer | 2 |
e Libe.f. Mutllltl INSURANCE COMMERCIAL LIABILITY UMBRELLA DECLARATIONS Issued by Liberty Insurance Corporation Policy Number TH7 621 093114 021 Renewal of TH7 621 093114 020 Producer LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 Item 1. Named Insured and Mailing Address SUGAR FOODS CORPORATION 950 THIRD AVENUE 21ST FLOOR NEW YORK NY 10022 The Named Insured is Corporation Item 2. Policy Period 412021 to 412022 at 1201 A.M. standard time at above mailing address. Item 3. Limits of Insurance Each Occurrence Limit 10000000 General Aggregate Limit 10000000 Products Completed Operations Aggregate Limit 10000000 Item 4. Self Insured Retention Each Occurrence 0 Item 5. Premium Premium Basis Audit Basis Estimated Exposure Rate Advance Premium Flat Charge 0 145406 0 145406 Certified Acts of Terrorism Coverage Total Advance Premium 0 Minimum Retained Premium Issued Code Number Account Number Sub Account Number Blb 04152021 99935 2 093114 0001 LCU 00020118 2017 Liberty Mutual Insurance Page 10of 2 | 2 |
Item 6. Underlying Insurance ICoverage Insurer Policy Period IPolicy Number Limits of Insurance Employers Liability Liberty Mutual Fire Insurance ICompany 1412021 to 412022 IWC2 621 093114 061 1000000 By Accident Each Accident 1000000 By Disease Policy Limit 1000000 By Disease Each Employee Auto Liability Liberty Mutual Fire Insurance ICompany 1412021 to 412022 AI2 621 093114 041 1000000 CSL General Liability Liberty Mutual Fire Insurance ICompany 1412021 to 412022 TB2 621 093114 051 1000000 Each Occurrence 2000000 General Aggregate 2000000 Products Completed Ops Aggregate 1000000 Pers Adv Injury Limit Foreign General Liability DIC DILO Zurich American Insurance ICompany 1412021 to 412022 IZE 9482878 10 1000000 Each Occurrence 2000000 General Aggregate 2000000 Products Completed Ops Aggregate 1000000 Pers Adv Injury Limit Foreign Auto Liability DIC DIL Zurich American Insurance ICompany 1412021 to 412022 IZE 9482878 10 1000000 CSL Foreign Employers Liability DIC DIL Zurich American Insurance ICompany 1412021 to 412022 IZE 9482878 10 1000000 By Accident Each Accident 1000000 By Disease Policy Limit 1000000 By Disease Each Employee Employee Benefits Liability Liberty Mutual Fire Insurance ICompany 1412021 to 412022 TB2 621 093114 051 1000000 Each Employee 2000000 Aggregate Ops Ops In any jurisdiction state or province where the amount of Employers Liability Insurance provided by the underlying insurers is by law unlimited the underlying Employers Liability limits shown in the above schedule do not apply and no coverage for Employers Liability shall be provided by this policy. These Declarations and any Declarations Extension Schedules together with the Coverage Form and any Endorsements complete this policy. Forms and Endorsements attached to this policy See Attached Schedule Countersigned by Fowiia fkbngw Authorized Company Represemative LCU 00020118 2017 Liberty Mutual Insurance Page 2 of 2 | 2 |
Policy Number TH7 621 093114 021 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DECLARATIONS EXTENSION NAMED INSURED This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Item 1. Named Insured of the Declarations is amended as follows Sugar Foods Corporation Mrs. Cubbisons Kitchen LLC LCU 99050118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
SCHEDULE OF FORMS AND ENDORSEMENTS Form Number Form Name LCU 00020118 LCU 990501 18 LCU 00010118 LCU 02 06 06 20 LCU 02750118 LCU 04070118 LCU 04110118 LCU 21010118 LCU 21070118 LCU 21470118 LCU 21480118 LCU 217906 18 LCU 21830118 LCU 21850118 LCU 240909 19 LCU 32040118 LCU 32050118 LCU 32070118 LCU 32320118 LCU 321300118 LCU 600501 18 LCU99 16 01 18 LMU 04 3205 18 SNI 04 011220 Commercial Liability Umbrella Declarations Declarations Extension Named Insured Commercial Liability Umbrella Coverage Form New York Changes Cancellation And Nonrenewal Earlier Notice of Cancellation Provided By Us Professional Health Care Services By Employees or Volunteer Workers Coverage Crisis Management Coverage Communicable Disease Exclusion Aircraft Products and Grounding Exclusion Damage First Occurring Prior To Policy Period Exclusion Scheduled Endorsement Exclusion Unlawful Discrimination Exclusion Residential Construction Operations Exclusion With Commercial Non Residential Use Exception Access or Disclosure of Confidential or Personal Information and Data Related Liability Exclusion With Limited Bodily Injury Exception Foreign Liability Limitation New York Changes New York Transfer Of Duties When A Limit Of Insurance Is Used Up New York Lead Limitation New York Changes Silica Or Silica Related Dust Exclusion New York Changes Fungi or Bacteria Certified Acts of Terrorism Exclusion Notice Of Cancellation To Third Parties Fungi or Bacteria Limitation Liberty Mutual Group California Privacy Notice Page 10f 2 For attachment to TH7 621 093114 021 | 2 |
SNI90 020120 LIL90 07 10 13 Policyholder Disclosure Terrorism Risk Insurance Act Signature Page Page 2 0f 2 For attachment to TH7 621 093114 021 | 2 |
COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the Company providing this insurance. The word insured means any person or organization qualifying as such under SECTION Il WHO IS AN INSURED. Other words and phrases that appear in bold font have special meaning. If not defined in the section in which they first appear refer to SECTION VIl DEFINITIONS. In return for the payment of premium and subject to all the terms of this policy we agree with you to provide the insurance as stated in this policy. INSURING AGREEMENTS SECTION COVERAGES 1. We will pay on behalf of the insured those sums in excess of the retained limit that the insured becomes legally obligated to pay as damages because of bodily injury property damage or personal and advertising injury to which this insurance applies. In addition we will pay those sums in excess of the retained limit that the insured becomes legally obligated to pay as damages because of a negligent act error or omission committed in the administration of the Named Insured s employee benefit program to which this insurance applies. The amount we will pay for damages is limited as described in SECTION Il LIMITS OF INSURANCE. With respect to bodily injury property damage or personal and advertising injury this insurance applies only if a. The bodily injury or property damage occurs during the policy period or the personal and advertising injury is caused by an offense arising out of your business but only if the offense was committed during the policy period b. The bodily injury property damage or personal and advertising injury is caused by an occurrence that takes place anywhere and c. Prior to the policy period no insured listed under Paragraph 3. of SECTION Il WHO IS AN INSURED or any employee who has been authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 3. of SECTION Il WHO IS AN INSURED or any employee authorized by you to give or receive notice of an occurrence or claim a. Reports all or any part of such bodily injury or property damage to us or any other insurer b. Receives a written or oral demand or claim for damages because of such bodily injury or property damage or c. Becomes aware by any other means that bodily injury or property damage has occurred or has begun to oceur. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 24 | 0 |
If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage had occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. Bodily injury or property damage which occurs during the policy period and which was not prior to the policy period known to have occurred or to have begun to occur by any insured listed under Paragraph 3. of SECTION Il WHO IS AN INSURED or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. If we are prevented by law or statute from directly paying damages covered by this policy on behalf of the insured then we will where permitted indemnify the Named Insured for those sums paid in excess of the retained limit. As used in Paragraphs 2.c. 3. and 4. above an insured listed under Paragraph 3. of SECTION Il WHO IS AN INSURED does not include a stockholder who is not otherwise an insured. SECTION Il WHO IS AN INSURED 1. The first named insured is an insured. 2. Any organization that is a subsidiary of the first named insured and over which you maintain ownership or majority interest as of the effective date of this policy provided such organization was made known to us by the effective date of this policy and is included as an insured in underlying insurance. Coverage under this policy will be no broader than that provided by underlying insurance. 3. If you are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. c. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. d. Anorganization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. e. Atrust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. 4. Each of the following is also an insured a. Your volunteer workers but only while performing duties related to the conduct of your business your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a co employee in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business LCU 00010118 2017 Liberty Mutual Insurance Page 2 of 24 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 2 of 24 | 1 |
b To the spouse child parent brother or sister of that co employee or volunteer worker as a consequence of Paragraph 1a above c For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph 1a or 1b above or d Arising out of his or her providing or failing to provide professional health care services. However Paragraphs 1a 1b and 1c do not apply to the extent underlying insurance provides coverage for such persons. Coverage under this policy will be no broader than that provided by underlying insurance. Insurance provided by this policy for bodily injury to a co employee or volunteer worker will not apply if the injured co employee s or volunteer worker s sole remedy for such injury is provided under a workers compensation law or any similar law. Property damage to property a Owned occupied used by b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. b. Any person other than your employee or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. d. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this policy. e. Any person or organization included as an additional insured in underlying insurance. Coverage under this policy will be no broader than that provided by underlying insurance. However 1 The insurance afforded to such additional insured only applies to the extent permitted by law and 2 If coverage provided to the additional insured is required by a contract or agreement this insurance will be no broader than that which you are required by the contract or agreement to provide for such additional insured. The Limits of Insurance applicable to the additional insured are included within and are not in addition to the Limits of Insurance shown in the Declarations. f. Any person while using with your permission a covered auto and any person or organization legally responsible for its use but only if that person is an insured with respect to liability arising out of the ownership maintenance use or entrustment to others of covered autos. 5. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as an insured under this policy if there is no other similar insurance available to that organization and that organization qualifies as an insured in underlying insurance. However LCU 00010118 2017 Liberty Mutual Insurance Page 3 of 24 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 3 of 24 | 1 |
a. Coverage under this provision is afforded only until the 180 day after you acquire or form the organization or the end of the policy period whichever is earlier. However such coverage will be provided for no longer than that provided by underlying insurance and b. Coverage does not apply to any liability that occurred or offense committed before you acquired or formed the organization. Except as provided in Paragraph 5. above no person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION Ill LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought c. Persons or organizations making claims or bringing suits or d. Coverages provided under this policy. The General Aggregate Limit is the most we will pay for the sum of all damages covered under this policy except a. Damage included in the products completed operations hazard and b. Damage covered by underlying insurance to which no aggregate limit applies. The General Aggregate Limit applies separately and in the same manner as the aggregate limits in the underlying insurance. The Products Completed Operations Aggregate Limit is the most we will pay for the sum of all damages because of bodily injury and property damage included in the products completed operations hazard. Subject to Paragraphs 2. and 3. above if either applies the Each Occurrence Limit is the most we will pay for the sum of all damages covered under this policy arising out of any one occurrence. If the applicable limits of insurance of underlying insurance or other insurance providing coverage to the insured are reduced or exhausted by payments of damages subject to the terms and conditions of this policy we will a. Inthe event of reduction pay in excess of the reduced applicable limits of underlying insurance or other insurance or b. In the event of exhaustion continue in force as underlying insurance but for no broader coverage than is available under this policy. The retained limit will not be reduced or exhausted by defense costs loss adjustment expenses supplementary payments or similar amounts that reduce or exhaust the policy limits of underlying insurance or other insurance. If any underlying insurance has a limit of insurance greater than the amount shown in the Schedule of Underlying Insurance this policy will apply in excess of the greater amount. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 4 of 24 | 1 |
The Limits of Insurance of this policy apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance of this policy. If coverage provided to an additional insured is required by a contract or agreement we will pay on behalf of the additional insured the lesser of a. The amount of insurance required by the contract or agreement less any amounts payable by any underlying insurance or otherwise retained or b. The available applicable Limits of Insurance of this policy. SECTION IV DEFENSE AND SUPPLEMENTARY PAYMENTS 1. We will have the right and duty to defend any suit seeking damages covered by this insurance by counsel of our choice when a. The total applicable limits of underlying insurance and other insurance have been exhausted by payment of damages covered by this policy or b. The damages sought because of bodily injury property damage personal and advertising injury or any damage arising from any actual or alleged negligent act error or omission in the administration of the Named Insured s employee benefit program to which this insurance applies would not be covered by underlying insurance or other insurance. However we have no duty to defend any suit if any other insurer has a duty to defend. If we have a duty to defend but are prevented by law or statute from performing that duty you agree to take up such defense and investigation. We will reimburse you for our share of the reasonable costs paid for such investigation or defense. We have the right but not the duty at our expense to participate in the defense of any suit and the investigation of any claim to which this insurance may apply. However if we exercise this right we will not contribute to the expenses of the insured or underlying insurer. We will pay the following supplementary payments with respect to any claim we investigate or settle or any suit against the insured we defend a. All expenses we incur. b. The premium for bonds to release attachments but only for bond amounts within the applicable Limits of Insurance of this policy. We do not have to furnish these bonds. c. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings because of time off from work but not including the salaries of the insured s employees and in no event more than 500 a day. d. All court costs taxed against the insured in the suit. e. Prejudgment interest awarded against the insured on that part of the judgment we pay. However if we make a settlement offer within the applicable Limits of Insurance of this policy that is acceptable to the claimant or make an offer to pay the applicable Limits of Insurance of this policy we will not pay any prejudgment interest accruing after we make such offer. f. Post judgment interest awarded against the insured on that part of the judgment we pay that accrues after the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable Limits of Insurance of this policy. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 5 of 24 | 1 |
These payments will not reduce the Limits of Insurance of this policy. 5. Our duty to defend any claim or suit and make any supplementary payments ends once we have exhausted the applicable Limits of Insurance of this policy by payment of judgment or settlements. SECTION V EXCLUSIONS This insurance does not apply to 1. Aircraft Any liability arising out of the ownership maintenance use or entrustment to others of any aircraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured. However this exclusion does not apply to the extent underlying insurance provides such coverage. Coverage under this policy will be no broader than that provided by underlying insurance. Asbestos Any liability arising or allegedly arising out of asbestos either alone or in combination with other substances or factors. Auto Coverages a. Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any auto. Use includes operation and loading or unloading. However this exclusion does not apply to the extent underlying insurance provides such coverage. Coverage under this policy will be no broader than that provided by underlying insurance. b. Any loss cost or expense payable under or resulting from a first party physical damage coverage no fault law personal injury protection or auto medical payments coverage or uninsured or underinsured motorist law. Contractual Liability Any obligation of the insured by reason of the assumption of liability in a contract or agreement including an insured contract. This exclusion does not apply to a. Liability for damages that the insured would have in the absence of the contract or agreement b. Bodily injury or property damage assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the insured contract or c. The extent underlying insurance provides coverage for personal and advertising injury assumed in an insured contract. Coverage under this policy will be no broader than that provided by underlying insurance. Solely for the purposes of liability assumed in an insured contract reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of such liability provided 1 The liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 6 of 24 | 1 |
2 Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. Damage to Impaired Property or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of a. A defect deficiency inadequacy or dangerous condition in your product or your work or b. Adelay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. Damage to Property Property damage to a. Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property b. Premises you sell give away or abandon if the property damage arises out of any part of those premises c. Property loaned to you d. Personal property in the care custody or control of the insured e. That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or f. That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraph b. of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs c. d. e. and f. of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraphs c. and d. of this exclusion do not apply to liability assumed under a written Trailer Interchange agreement. Paragraph f. of this exclusion does not apply to property damage included in the products completed operations hazard. Damage to Your Product Property damage to your product arising out of it or any part of it. Damage to Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 7 of 24 | 1 |
9. ERISA Any obligation of the insured under the Employee Retirement Income Security Act of 1974 ERISA and any amendments thereto or any similar federal state or local statute or regulation. 10. Electronic Data Any liability arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. 11. Employee Benefits Liability Any actual or alleged act error or omission in the administration of the Named Insured s employee benefit program. However this exclusion does not apply to the extent underlying insurance provides such coverage. Coverage under this policy will be no broader than that provided by underlying insurance subject to the following a. fthe applicable underlying insurance applies such coverage on a claims made basis 1 This insurance applies only if a The negligent act error or omission committed in the administration of the Named Insured s employee benefit program occurs on or after the retroactive date if any provided by the underlying insurance and prior to the end of the policy period and b The claim or suit for such negligent act error or omission is first made in writing against any insured during i The policy period or ii An extended reporting period as provided by underlying insurance subject to Paragraph 2 below. 2 Any extended reporting period provided by this policy will not reinstate or increase the Limits of Insurance applicable to any claim to which this insurance applies extend the policy period or change the scope of coverage provided by this policy. b. If the applicable underlying insurance does not apply such coverage on a claim made basis this insurance applies only if the negligent act error or omission committed in the administration of the Named Insured s employee benefit program occurs during the policy period. 12. Employer s Liability Bodily injury to a. An employee of the insured arising out of and in the course of 1 Employment by the insured or 2 Performing duties related to the conduct of the insured s business or b. The spouse child parent brother or sister of that employee as a consequence of Paragraph a. above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. However this exclusion does not apply a. To liability assumed by the insured under an insured contract or LCU 00010118 2017 Liberty Mutual Insurance Page 8 of 24 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 8 of 24 | 1 |
13. 14. 15. 16. b. If the bodily injury is covered by underlying insurance. Coverage under this policy will be no broader than that provided by underlying insurance. Employment Related Practices a. Any liability arising out of 1 Refusal to employ a person 2 Termination of a person s employment or 3 Employment related practices policies acts or omissions such as coercion demotion failure to promote evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at a person or b. Consequential bodily injury or personal and advertising injury to the spouse child parent brother or sister of that person at whom any of the employment related practices described in Paragraph a. above is directed. This exclusion applies a. Whether the injury causing event described in Paragraph a. above occurs before employment during employment or after employment of a person b. Whether the insured may be liable as an employer or in any other capacity and c. To any obligation to share damages with or repay someone else who must pay damages because of the injury. Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. Fungi or Bacteria Any liability arising out of or related in any way to fungi or bacteria the exposure to fungi or bacteria or any claims arising from fungi or bacteria. This includes but is not limited to a. Injury or damage which would not have occurred in whole or in part but for the actual alleged or threatened inhalation of ingestion of contact with exposure to existence or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed concurrently or in any sequence to such injury or damage or b. Any loss cost or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. This exclusion does not apply to any fungi or bacteria that are on or are contained in a good or product intended for human or animal consumption. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of a. Causing or contributing to the intoxication of any person LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 9 of 24 | 1 |
b. The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or c. Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured or providing or failing to provide transportation with respect to any person that may be under the influence of alcohol if the occurrence which caused the bodily injury or property damage involved that which is described in Paragraph a. b. or c. above. This exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. However this exclusion does not apply to the extent underlying insurance provides such coverage. Coverage under this policy will be no broader than that provided by underlying insurance. We will follow underlying insurance with respect to whether or not permitting a person to bring alcoholic beverages on your premises for consumption on your premises whether or not a fee is charged or a license is required for such activity is considered the business of selling serving or furnishing alcoholic beverages. 17. Nuclear Energy a. Any liability 1 With respect to which an insured under this policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its limits of insurance or Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the insured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization. b. Any liability resulting from the hazardous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on behalf of an insured or b has been discharged or dispersed therefrom 2 The nuclear material is contained in spent fuel or waste at any time possessed handled used processed stored transported or disposed of by or on behalf of an insured or 3 The injury or damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this Paragraph 3 applies only to property damage to such nuclear facility and any property thereat. As used in this exclusion a. Hazardous properties include radioactive toxic or explosive properties. b. Nuclear material means source material special nuclear material or by product material. c. Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. d. Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 10 of 24 | 1 |
e. h. Waste means any waste material 1 Containing by product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content and 2 Resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility. Nuclear facility means 1 Any nuclear reactor 2 Any equipment or device designed or used for a Separating the isotopes of uranium or plutonium b Processing or utilizing spent fuel or c Handling processing or packaging waste 3 Any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 or 4 Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioactive contamination of property. 18. Personal and Advertising Injury Caused by an offense committed by or on behalf of the insured with knowledge that the act would violate the rights of another and would inflict personal and advertising injury Arising out of the oral written or electronic publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity Avrising out of the oral written or electronic publication in any manner of material whose content in the same or substantially the same form was published before the beginning of the policy period Avrising out of a criminal act committed by or at the direction of the insured Avrising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement Arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement Arising out of the wrong description of the price of goods products or services stated in your advertisement LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 11 of 24 | 1 |
h. Arising out of infringement of or any other violation relating to copyright patent trademark trade secret or other intellectual property right. However this Paragraph h. does not apply to 1 Infringement of copyright trade dress or slogan committed in your advertisement or 2 The unauthorized use in your advertisement of another s idea for an advertisement Committed by an insured whose business is 1 Advertising broadcasting publishing or telecasting 2 Designing or determining content of websites for others or 3 An Internet search access content or service provider. However this Paragraph i. does not apply to Paragraphs 18.a. 18.b. and 18.c. under SECTION VII DEFINITIONS. For purposes of this Paragraph i. the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting Avrising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control or k. Arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. 19. Pollution a. Any liability arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants anywhere at any time whether included in a product or otherwise. However this exclusion does not apply to the extent underlying insurance provides coverage for liability described in Paragraphs 1 through 6 below. Coverage under this policy will be no broader than that provided by underlying insurance. 1 Bodily injury if sustained within a building which is or was at any time owned or occupied by or rented or loaned to any insured and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests 2 Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire 3 Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids that are needed to perform normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor 4 Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 12 of 24 | 1 |
20. 21. b. 5 Bodily injury or property damage arising out of the escape of fuels lubricants fluids exhaust gases or other similar pollutants that are needed for or result from the normal electrical hydraulic or mechanical functioning of a covered auto or its parts if a The pollutants escape seep migrate or are discharged dispersed or released directly from an auto part designed by its manufacturer to hold store receive or dispose of such pollutants and b The bodily injury or property damage does not arise out of the operation of any equipment shown in Paragraphs f.2 and f.3 of the definition of mobile equipment or 6 Bodily injury or property damage caused by or resulting from occurrences that take place away from premises owned by or rented to an insured with respect to pollutants not in or upon a covered auto if a The pollutants or any property in which the pollutants are contained are upset overturned or damaged as a result of the maintenance or use of a covered auto and b The discharge dispersal seepage migration release or escape of the pollutants is caused directly by such upset overturn or damage. Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2 Claim or suit by or on behalf of a government authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. This exclusion applies regardless of whether such discharge dispersal seepage migration release or escape occurs inside or outside a building or whether such pollutant has any function in your business operations premises site or location. Recall of Products Work or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of b. c. Your Product Your Work or Impaired Property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. Recording and Distribution of Material or Information in Violation of Law Any liability arising out of any action or omission that violates or is alleged to violate b. The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law The CAN SPAM Act of 2003 including any amendment of or addition to such law The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transaction Act FACTA or LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 13 of 24 | 1 |
22 23. 24 d. Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. War Any liability however caused arising out of a. War including undeclared or civil war b. Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or c. Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Watercraft Any liability arising out of the ownership maintenance use or entrustment to others of any watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured. However this exclusion does not apply to the extent underlying insurance provides such coverage. Coverage under this policy will be no broader than that provided by underlying insurance. Workers Compensation and Similar Laws Any obligation of the insured under a workers compensation disability benefits unemployment compensation law or any similar law. SECTION VI CONDITIONS 1. Appeals If the insured or the underlying insurers elect not to appeal a judgment we may elect to do so. If we appeal we will be liable for all court costs expenses incurred and interest incidental to the appeal which will be in addition to the Limits of Insurance of this policy. However our liability for such a judgment or settlement will not exceed the Limits of Insurance of this policy. 2. Audit and Premium a. You agree to pay the premium when due. b. The Premium shown as Advance Premium on the Declarations is a flat charge unless a rate is shown. c. If a rate is shown in the Declarations the Advance Premium shown in the Declarations is an estimated premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first named insured. If the earned premium is greater than Advance Premium you will promptly pay us the difference. If the earned premium is less than the Advance Premium we will return the difference to the first named insured subject to the Minimum Retained Premium if any shown in the Declarations for each twelve months of the policy period. d. The first named insured should keep records of the information we need for premium computation and make available to us or send us this information whenever we request. e. We may examine your books and records as they relate to this policy at any time during the policy period and for up to three years after the expiration or termination of this policy. LCU 00010118 2017 Liberty Mutual Insurance Page 14 of 24 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 14 of 24 | 1 |
f. We may at our option make an additional premium charge for any organization that you acquire or form during the policy period. 3. Bankruptcy or Insolvency Your or any underlying insurer s bankruptcy insolvency or inability to pay shall neither relieve nor increase our obligations under this policy. However under no circumstances will such bankruptcy insolvency or inability to pay require us to drop down replace or assume any obligation of underlying insurance. This insurance will apply as if the underlying insurance were in full effect. 4. Cancellation and Nonrenewal a. The first named insured may cancel this policy by mailing or delivering advance written notice to us stating when cancellation is to take effect. b. We may cancel this policy by mailing or delivering to the first named insured written notice of cancellation at least 1 10 days before the effective date of cancellation if we cancel for nonpayment of premium or 2 30 days before the effective date of cancellation if we cancel for any other reason. We will mail or deliver our notice to the first named insured s last mailing address known to us. c. The policy period will end on the day and hour stated in the cancellation notice. d. If we cancel final premium will be calculated pro rata based on the time the policy was actually in effect. e. If the first named insured cancels the premium refund may be less than pro rata and will be subject to the Minimum Retained Premium if any shown in the Declarations. f. Premium adjustment will be made at the time of cancellation or as soon as practicable thereafter but cancellation will be effective even if we have not made or offered any refund of unearned premium. Our check or our representative s check mailed or delivered shall be sufficient tender of any refund due. g. If we decide not to renew this policy we will mail or deliver our written notice of nonrenewal to the first named insured s last mailing address known to us not less than 30 days before the policy expiration date. h. If notice is mailed proof of mailing will be sufficient proof of notice. 5. Changes This policy may be amended only by a written endorsement to this policy issued by us. a. Duties in the Event of Occurrence Claim or Suit You must promptly notify us of any occurrence which may result in a claim or suit seeking damages under this policy. To the extent possible notice should include 1 How when and where the occurrence took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence. Notice of an occurrence is not notice of a claim. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 15 of 24 | 1 |
b. If a claim is made or suit is brought against any insured that is reasonably likely to involve the coverage provided by this policy you must notify us in writing promptly. c. You and any other involved insured also must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation settlement or defense of any claim or suit we investigate settle or defend and 4 Upon our request assist us in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation make any admission or incur any expense other than for first aid without our consent. As used in this Paragraph 6. promptly means as soon as practicable after knowledge of the occurrence has been reported to an executive officer of the insured or to the employee designated by the insured to give us notice. Inspection We have the right but are not obligated to inspect your premises and operations at any time. Our inspections are not safety inspections. They relate only to the insurability of your premises and operations and the premiums to be charged. We may give you reports on the conditions that we find. We may also recommend changes. However we do not undertake to perform the duty of you or any person or organization to provide for the health or safety of your employees or the public. We do not warrant the health and safety conditions of your premises or operations nor do we represent or certify that your premises or operations comply with laws regulations codes or standards. This condition applies not only to us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys reports or recommendations for us. Legal Action Against Us No person or organization has the right under this policy a. Tojoin us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us under this policy unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this policy or that are in excess of the applicable Limits of Insurance of this policy. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. Maintenance of Underlying Insurance During the policy period you must ensure that a. All underlying insurance remains in effect b. The terms definitions conditions and exclusions of all underlying insurance do not materially change c. Any renewals or replacements of any underlying insurance will not be more restrictive in coverage and will afford limits of insurance equal to or greater than the policy being renewed or replaced LCU 00010118 2017 Liberty Mutual Insurance Page 16 of 24 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
10. 1. 12 13. d. The total applicable limits of all underlying insurance do not decrease except for any reduction or exhaustion of aggregate limits by payment of judgments or settlements and e. You notify us in writing as soon as practicable if any underlying insurance is cancelled not renewed replaced or otherwise terminated or if the limits or scope of coverage of any underlying insurance is changed. Failure to comply with these requirements will not invalidate this insurance. However in the event of such failure we will only be liable to the same extent that we would have been had you fully complied with these requirements. Named Insureds a. The first named insured is authorized to act and agrees to act on behalf of all persons or organizations insured under this policy with respect to all matters pertaining to the insurance afforded by the policy. b. Each Named Insured is jointly and severally liable for 1 All premiums due under this policy and 2 Any other financial obligations of any Named Insured to us arising out of any agreements contained in this policy. Other Insurance This insurance is excess over and will not share or contribute with any other insurance whether primary excess contingent or on any other basis. However this insurance will not seek contribution from any other insurance available to an additional insured provided that a. The additional insured is a Named Insured on such other insurance b. You have agreed in a written contract or agreement with the additional insured that this insurance would not seek contribution from any other insurance available c. Underlying insurance includes the person or organization as an additional insured and d. Underlying insurance provides coverage to the person or organization on a primary and noncontributory basis. Representations By accepting this policy you agree a. The statements in the Declarations are accurate complete and based on information and representations you provided or made to us b. We have issued this policy in reliance upon your information and representations. Separation of Insureds Except with respect to the Limits of Insurance of this policy and any rights or duties specifically assigned to the first named insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 17 of 24 | 1 |
14. 15. 16. 17. 18. 19. Terms Conformed to Statute The terms of this policy which are in conflict with the statutes laws ordinances or regulations of the state or jurisdiction where this policy is issued are amended to conform to such statutes laws ordinances or regulations. Trade or Economic Sanctions This insurance applies except to the extent coverage is in violation of any trade or economic sanction embargo or similar regulation imposed by the United States of America. Transfer of Rights of Recovery Against Others to Us a. Ifany insured has rights to recover all or part of any payment we have made under this policy those rights are transferred to us. The insured will do all that is necessary to secure such rights and must help us enforce them. The insured will do nothing after loss to prejudice such rights. We have the right to recover our payments from anyone liable for injury or damage covered by this policy. We waive any right of recovery we may have against a person or organization if you waive any right of recovery against such a person or organization in a written contract but only if such contract was executed prior to injury or damage. b. Any recoveries shall be applied as follows 1 Any person or organization including the insured that has paid an amount in excess of the applicable Limits of Insurance of this policy will be reimbursed first 2 We then will be reimbursed up to the amount we have paid and 3 Lastly any person or organization including the insured that has paid an amount over which this policy is excess is entitled to claim the remainder. Expenses incurred by us in the exercise of the rights of recovery shall be apportioned among the persons or organizations including the insured in the ratio of their respective recoveries as finally settled. Transfer of Your Rights and Duties Your rights and duties under this policy may not be transferred without our written consent. If you die or are legally declared bankrupt your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. However in such event notice of cancellation of this policy sent to the first named insured and mailed to the last mailing address known to us will be sufficient notice to effect cancellation of this policy. Unintentional Failure to Disclose There will be no coverage under this policy for hazards you fail to disclose at the inception of the policy period except that unintentional failure of the Named Insured to disclose all hazards existing at the inception of this policy shall not be a basis for denial of any coverage afforded by this policy. However you must report the hazard to us as soon as practical after discovering the failure to disclose. When Loss is Payable Coverage under this policy will not apply unless and until the insured or the underlying insurer has paid or is obligated to pay the full amount of the retained limit. However when an agreed settlement or final judgment has been determined we will promptly pay on behalf of the insured those sums falling within the terms of this policy. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 18 of 24 | 1 |
You will promptly reimburse us for any amount within the Self Insured Retention paid by us on your behalf. SECTION VII DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding websites only that part of a website that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. Auto means a. A land motor vehicle trailer or semi trailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However auto does not include mobile equipment. 3. Bodily injury means physical injury sickness or disease including death of a person. Bodily injury also means mental injury mental anguish humiliation or shock if resulting from physical injury sickness or disease to that person. 4. Covered auto means only an auto for which coverage is provided by underlying insurance. 5. Electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 6. Employee includes a leased worker. Employee does not include a temporary worker. 7. Executive officer means a person holding any of the officer positions created by your charter constitution by laws or any other similar governing document. 8. First named insured means the person or organization shown as the Named Insured in the Declarations or if more than one name appears the Named Insured listed first in the Declarations. 9. Fungi means any type or form of fungus including mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. 10. Hostile fire means a fire that becomes uncontrollable or breaks out from where it was intended to be. 11. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. Itincorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by a. The repair replacement adjustment or removal of your product or your work or LCU 00010118 2017 Liberty Mutual Insurance Page 19 of 24 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 19 of 24 | 1 |
b. Your fulfilling the terms of the contract or agreement. 12. Insured contract means A contract for lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract A sidetrack agreement Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality An elevator maintenance agreement That part of any contract or agreement entered into as part of your business pertaining to the rental or lease by you or any of your employees of any auto. However such contract or agreement shall not be considered an insured contract to the extent that it obligates you or any of your employees to pay for property damage to any auto rented or leased by you or any of your employees or That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization provided the bodily injury or property damage is caused in whole or in part by you or by those acting on your behalf. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraphs f. and g. above do not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing That pertains to the loan lease or rental of an auto to you or any of your employees if the auto is loaned leased or rented with a driver That holds a person or organization engaged in the business of transporting property by auto for hire harmless for your use of a covered auto over a route or territory that the person or organization is authorized to serve by public authority 4 That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or s Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in Paragraph 4 above and supervisory inspection architectural or engineering activities. 13. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 20 of 24 | 1 |
14. Loading or unloading means the handling of property b. c. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto While it is in or on an aircraft watercraft or auto or While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. 15. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in Paragraph a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers and f. Vehicles not described in Paragraph a. b.. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where such vehicles are licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. LCU 00010118 2017 Liberty Mutual Insurance Page 21 of 24 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 21 of 24 | 1 |
16. 17. 18. 19. 20. 21. Occurrence means with respect to a. Bodily injury or property damage an accident including continuous or repeated exposure to substantially the same general harmful conditions. All such exposure to substantially the same general harmful conditions will be deemed to arise out of one occurrence b. Personal and advertising Injury an offense or series of related offenses. All damages that arise from the same act publication or general conditions are considered to arise out of the same occurrence regardless of the frequency or repetition thereof the number or kind of media used or the number of claimants c. Employee Benefits Liability an act error or omission or a series of related acts errors or omissions negligently committed in the administration of the Named Insured s employee benefit program. Other insurance means any valid and collectible policies of insurance providing coverage for damages covered in whole or in part by this policy. Other insurance does not include underlying insurance any amount shown in the Declarations as a Self Insured Retention or any insurance specifically written as excess over this policy. Personal and advertising injury means injury arising out of one or more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecution c. Wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor d. Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services e. Oral or written publication in any manner of material that violates a person s right of privacy f. The use of another s advertising idea in your advertisement or g. Infringing upon another s copyright trade dress or slogan in your advertisement. Bodily injury that arises out of personal and adverti injury. g injury will be considered personal and advertising Policy period means the period of time from the effective date of this policy shown in Item 2. of the Declarations to the earlier of the expiration termination or cancellation date of this policy. Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. Your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 22 of 24 | 1 |
22 23. 24 25. 26. 27. 28. b When all of the work to be done at the site has been completed if your contract calls for work at more than one job site. c When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. b. This hazard does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you created by the loading or unloading of that vehicle by any insured or 2 The existence of tools uninstalled equipment or abandoned or unused materials. Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. Retained limit means as to each occurrence the greater of a. The total applicable limits of the underlying insurance plus any other insurance available to the insured or b. The Self Insured Retention shown in the Declarations as a result of any one occurrence not covered by underlying insurance nor any other insurance. The Self Insured Retention does not apply to occurrences that would have been covered by underlying insurance but for the exhaustion of applicable limits. Spouse means any husband wife or partner in a marriage or civil union or any person qualifying as a domestic partner under any federal state or local laws or under the Named Insured s employee benefit program. Suit means a civil proceeding in which damages because of any liability to which this insurance applies are alleged. Suit includes a. Anarbitration proceeding in which such damages are claimed and can be awarded and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and can be awarded and to which the insured submits with our consent. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Underlying insurance means the policy or policies of insurance or self insurance listed in the Declarations under the Schedule of Underlying Insurance. Underlying insurer means any insurer who provides underlying insurance. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 23 of 24 | 1 |
29. 30. 31. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and who is not paid a fee salary or other compensation by you or anyone else for their work performed for you. Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 24 of 24 | 1 |
Policy Number TH7 621 093114 021 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW YORK CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM I If you are an individual and a covered auto you own is predominantly used for nonbusiness purposes Paragraph 4. of SECTION VI CONDITIONS is deleted and replaced by the following ENDING THIS POLICY A. Cancellation 1. You may cancel the entire policy by returning it to us or by giving us advance notice of the date cancellation is to take effect. 2. When this policy is in effect less than 60 days and is not a renewal or continuation policy we may cancel the entire policy for any reason provided we mail you notice within this period. If we cancel for nonpayment of premium we will a. Mail you at least 15 days notice and b. Inform you of the amount due. Payment of premium will be considered on time if made within 15 days after we mail you notice of cancellation. If we cancel for any other reason we will mail you a least 20 days notice. 3. When this policy is in effect 60 days or more or is a renewal or continuation policy we may cancel it or any insurance deemed severable only for one or more of the following reasons a. Nonpayment of premium provided however that a notice of cancellation on this ground shall inform you of the amount due. If we cancel for this reason we will mail you at least 15 days notice. Payment of premium will be considered on time if made within 15 days after we mail you notice of cancellation. b. Your driver s license or that of a driver who lives with you or customarily uses the covered auto has been suspended or revoked during the policy period other than a suspension issued pursuant to Subdivision 1 of Section 510b of the Vehicle and Traffic Law or one or more administrative suspensions arising out of the same incident which has or have been terminated prior to the effective date of cancellation. If we cancel for this reason we will mail you at least 20 days notice. c. We replace this policy with another one providing similar coverages and the same limits for a covered auto of the private passenger type. The replacement policy will take effect when this policy is cancelled and will end a year after this policy begins or on this policy s expiration date whichever is earlier. This paragraph applies only to renewal policies. d. This policy was obtained through fraud or material misrepresentation. If we cancel for this reason we will mail you at least 20 days notice. e. Any insured made a fraudulent claim. If we cancel for this reason we will mail you at least 20 days notice. LCU 02 06 06 20 2020 Liberty Mutual Insurance Page 1 of 5 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 5 | 2 |
C. If one of the reasons listed in this Paragraph 3. exists we may cancel the entire policy. For policies written for a period of more than one year or without a fixed expiration date we may cancel for the reasons in Paragraphs a. through e. above subject to New York Laws only at an anniversary of its original effective date. If we cancel such a policy we will mail you at least 45 but not more than 60 days notice. 4. Instead of cancellation we may condition continuation of this policy on a change of limits or elimination of any other coverage not required by law. If we do this we will mail you notice at least 20 days before the date of the change. 5. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 6. If this policy is cancelled we will send you any premium refund due. The refund will be pro rata. However when the premium is advanced under a premium finance agreement we will be entitled to retain a minimum earned premium of 10 of the total policy premium or 60 whichever is greater. The cancellation will be effective even if we have not made or offered a refund. Nonrenewal 1. If this policy is written for a period of less than one year and we decide subject to New York Laws not to renew or continue it or to condition renewal or continuation on a reduction of Liability Coverage or elimination of any other coverage we will mail or deliver to you written notice at least 45 but not more than 60 days before the end of the policy period. 2. We will have the right not to renew or continue a particular coverage subject to New York Laws only at the end of each 12 month period following the effective date of the first of the successive policy periods in which the coverage was provided. 3. We do not have to mail notice of nonrenewal if you your agent or broker or another insurance company informs us in writing that you have replaced this policy or that you no longer want it. Mailing of notices We will mail or deliver our notice of cancellation reduction of limits elimination of coverage or nonrenewal to the address shown on the policy. However we may deliver any notice instead of mailing it. If notice is mailed a United States Postal Service certificate of mailing will be sufficient proof of notice. 1. For all policies other than those specified in Section I. of this endorsement Paragraph 4. of SECTION VI CONDITIONS is deleted and replaced by the following A 1. The first named insured shown in the Declarations may cancel this entire policy by mailing or delivering to us advance written notice of cancellation. 2. Cancellation of policies in effect a. 60 days or less We may cancel this policy by mailing or delivering to the first named insured written notice of cancellation at least 1 30 days before the effective date of cancellation if we cancel for any reason not included in Paragraph A.2.a.3 or Paragraph A.2.b. below. 2 15 days before the effective date of cancellation if we cancel for any of the reasons included in Paragraph A.2.b. below. LCU 02 06 06 20 2020 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 2 of 5 | 2 |
3 20 days before the effective date of cancellation if we cancel because one or more underlying policies providing primary or intermediate coverage were cancelled where a Such cancellation is based upon Paragraphs A.2.b.1 through A.2.b.8 below and b Such policies are not replaced without lapse. b. For more than 60 days If this policy has been in effect for more than 60 days or if this policy is a renewal or continuation of a policy we issued we may cancel only for any of the reasons listed below provided we mail the first named insured written notice at least 15 days before the effective date of cancellation 1 Nonpayment of premium provided however that a notice of cancellation on this ground shall inform the first named insured of the amount due 2 Conviction of a crime arising out of acts increasing the hazard insured against 3 Discovery of fraud or material misrepresentation in the obtaining of the policy or in the presentation of a claim 4 After issuance of the policy or after the last renewal date discovery of an act or omission or a violation of any policy condition that substantially and materially increases the hazard insured against and which occurred subsequent to inception of the current policy period s Material change in the nature or extent of the risk occurring after issuance or last annual renewal anniversary date of the policy which causes the risk of loss to be substantially and materially increased beyond that contemplated at the time the policy was issued or last renewed 6 Cancellation is required pursuant to a determination by the Superintendent that continuation of our present premium volume would jeopardize our solvency or be hazardous to the interest of our policyholders our creditors or the public A determination by the Superintendent that the continuation of the policy would violate or would place us in violation of any provision of the Insurance Code Suspension or revocation during the required policy period of the driver s license of any person who continues to operate a covered auto other than a suspension issued pursuant to Subdivision 1 of Section 510b of the Vehicle and Traffic Law or one or more administrative suspensions arising from the same incident which has or have been terminated prior to the effective date of cancellation or 9 Cancellation of one or more of the underlying policies providing primary or intermediate coverage where a Such cancellation is based upon Paragraphs 1 through 8 of this Paragraph A.2.b and b Such policies are not replaced without lapse. We will mail or deliver our notice including the reason for cancellation to the first named insured at the address shown in the policy and to the authorized agent or broker. The policy period will end on the day and hour stated in the cancellation notice. If this policy is cancelled we will send the first named insured any premium refund due. If we cancel the refund will be pro rata. If the first named insured cancels the refund may be less than pro rata and will be subject to the Minimum Retained Premium if any shown in the Declarations. LCU 02 06 06 20 2020 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 3 of 5 | 2 |
However when the premium is advanced under a premium finance agreement the cancellation refund will be pro rata under such financed policies we will be entitled to retain a minimum earned premium of 10 of the total policy premium or 60 whichever is greater. The cancellation will be effective even if we have not made or offered a refund. 6. Regardless of the number of days this policy has been in effect if a. This policy covers covered autos subject to the provisions of Section 370 of the New York Vehicles and Traffic Laws and b. The Commissioner of the Department of Motor Vehicles deems this policy to be insufficient for any reason we may cancel this policy by giving you notice of such insufficiency 45 days before the effective date of cancellation to permit you to replace this policy. 7. The effective date of cancellation stated in the notice shall become the end of the policy period. 8. Notice will include the reason for cancellation. We will mail or deliver our notice to the first named insured at the address shown in the policy and to the authorized agent or broker. However we may deliver any notice instead of mailing it. Proof of mailing will be sufficient proof of notice. 1. Nonrenewal If we decide not to renew this policy we will send notice as provided in Paragraph B.3. below. 2. Conditional renewal If we conditionally renew this policy subject to a. A change of limits b. A change in type of coverage c. A reduction of coverage d. Anincreased deductible e. An addition of exclusion or f. Increased premiums in excess of 10 exclusive of any premium increase due to and commensurate with insured value added or increased exposure units or as a result of experience rating retrospective rating or audit we will send notice as provided in Paragraph B.3. below. We may conditionally renew this policy subject to the requirements stipulated by the Maintenance of Underling Insurance Condition 9. of SECTION VI CONDITIONS. Failure to comply with the aforementioned condition as of the expiration date of the policy or 60 days after mailing or delivering the notice of conditional renewal the conditional renewal shall be deemed to be an effective notice of nonrenewal. 3. Notices of nonrenewal and conditional renewal a. If we decide not to renew this policy or to conditionally renew this policy as provided in Paragraphs B.1. and B.2. above we will mail or deliver written notice to the first named insured shown in the Declarations at least 30 but not more than 120 days before 1 The expiration date or LCU 02 06 06 20 2020 Liberty Mutual Insurance Page 4 of 5 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 4 of 5 | 2 |
C. D. 2 The anniversary date if this is a continuous policy. b. Notice will be mailed or delivered to the first named insured at the address shown in the policy and to the authorized agent or broker. If notice is mailed proof of mailing will be sufficient proof of notice. c. Notice will include the specific reasons for nonrenewal or conditional renewal including the amount of any premium increase for conditional renewal and description of any other changes. d. If we violate any of the provisions of Paragraph B.3.a. B.3.b. or B.3.c. above by sending the first named insured an incomplete or late conditional renewal notice or a late nonrenewal notice 1 And if notice is provided prior to the expiration date of this policy coverage will remain in effect at the same terms and conditions of this policy at the lower of the current rates or the prior period s rates until 60 days after such notice is mailed or delivered unless the first named insured during this 60 day period has replaced the coverage or elects to cancel. And if the notice is provided on or after the expiration date of this policy coverage will remain in effect at the same terms and conditions of this policy for another policy period at the lower of the current rates or the prior period s rates unless the first named insured during this additional policy period has replaced the coverage or elects to cancel. e. If you elect to renew on the basis of a late conditional renewal notice the terms conditions and rates set forth in such notice shall apply 1 Upon expiration of the 60 day period or 2 Notwithstanding the provisions in Paragraphs d.1 and d.2 as of the renewal date of the policy if the conditional renewal notice was sent at least 30 days prior to the expiration or anniversary date of the policy. f. We will not send you notice of nonrenewal or conditional renewal if you your authorized agent or broker or another insurer of yours mails or delivers notice that the policy has been replaced or is no longer desired. The aggregate limits of this policy as shown in the Declarations will be increased in proportion to any policy extension provided in accordance with Paragraph B. above. The last sentence of Paragraph 7. of SECTION Il LIMITS OF INSURANCE does not apply when the policy period is extended because we sent the first named insured an incomplete or late conditional renewal notice or a late nonrenewal notice. LCU 02 06 06 20 2020 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 5 of 5 | 2 |
Policy Number TH7 621 093114 021 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Schedule Number of Days Notice 60 days except 10 days for non payment of premium For any statutorily permitted reason other than nonpayment of premium the number of days required for notice of cancellation as provided in either Paragraph 4.b. of SECTION VI CONDITIONS or as amended by an applicable state cancellation endorsement is increased to the number of days shown in the Schedule of this endorsement. LCU 02750118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 621 093114 021 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PROFESSIONAL HEALTH CARE SERVICES BY EMPLOYEES OR VOLUNTEER WORKERS COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. Paragraph 4.a.1d of SECTION Il WHO IS AN INSURED is deleted and replaced by the following d Arising out of his or her providing or failing to provide professional health care services. However any employee or volunteer worker of the Named Insured who is a designated health care provider is an insured under this policy with respect to bodily injury or personal and advertising injury that i Arises out of the providing of or failure to provide professional health care services and ii Occurs in the course of and within the scope of such employee s or volunteer worker s employment by the Named Insured. B. With respect to coverage provided to employees and volunteer workers providing professional health care services the following exclusion is added to SECTION V EXCLUSIONS Professional Health Care Services by Employees and Volunteer Workers Any bodily injury or personal and advertising injury arising out of a. Liability assumed under an insured contract or any other contract or agreement b. Liability arising out of the providing of professional health care services in violation of law c. Liability arising out of the providing of professional health care services while in any degree under the influence of intoxicants or narcotics d. Liability arising out of any dishonest fraudulent malicious or knowingly wrongful act or failure to act or e. Punitive or exemplary damages fines or penalties. C. The following definition is added to SECTION VII DEFINITIONS Designated health care provider means any employee or volunteer worker of the Named Insured whose duties include providing professional health care services including but not limited to doctors nurses emergency medical technicians or designated first aid personnel. LCU 04070118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 621 093114 021 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CRISIS MANAGEMENT COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Schedule Crisis Management Expense Aggregate Limit 250000 Liberty Mutual Preferred Public Relations Vendor Weber Shandwick Liberty Mutual Claims 1 800 362 0000 For purposes of coverage afforded by this endorsement only A. The following is added to SECTION COVERAGES CRISIS MANAGEMENT We will pay those sums necessary to reimburse you or pay on your behalf crisis management expenses arising from an insured crisis event to which this insurance applies. However b. This insurance applies only if 1 The insured crisis event commences during the policy period 2 The insured crisis event did not arise out of any fact circumstance pre existing condition or situation that you prior to the inception date of this policy knew or reasonably should have known could lead to cause or result in an insured crisis event 3 You notify us by telephone at the number listed for Liberty Mutual Claims as shown in the Schedule above within 7 days of the insured crisis event 4 The crisis management expenses are first incurred within 15 days after the insured crisis event commences 5 The crisis management expenses are not incurred more than 120 days after the commencement of the insured crisis event and 6 A claim for reimbursement of crisis management expenses is submitted within 120 days after incurring such crisis management expenses. We will have no duty under this Crisis Management Coverage to defend the insured against any claim suit or action seeking damages. Payment of any crisis management expenses under the Crisis Management Coverage endorsement is in addition to and will not reduce any other Limits of Insurance under this policy and will not be determinative of our obligations under this policy with respect to any claim or suit including any duty to defend or indemnify any insured for such claim or suit. LCU 04110118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 4 | 2 |
d. The amount we will pay is limited as described in Paragraph B. of the Crisis Management Coverage endorsement. e. An insured crisis event will be deemed to commence at the time when any of your key executives first become aware of the man made emergency situation that resulted in the insured crisis event. B. The following is added to SECTION Il LIMITS OF INSURANCE The Crisis Management Expense Aggregate Limit shown in the Schedule of the Crisis Management Coverage endorsement is the most we will pay for the sum of all crisis management expenses to which this endorsement applies regardless of the number of 1. Insureds 2. Insured crisis events 3. Persons or organizations making claims. C. The following is added to SECTION V EXCLUSIONS Newly Acquired or Formed Organizations Crisis management expenses incurred by any organization you newly acquire control or form if the insured crisis event which led to such crisis management expenses commenced before you acquired controlled or formed such organization. Infectious Diseases or llinesses Crisis management expenses arising out of any infectious diseases or illnesses caused by any bacterium virus or fungus. However this exclusion does not apply to crisis management expenses arising out of food borne illnesses. Intentional Acts by You Intentional acts by you or your employees provided that such acts were performed with the knowledge that it would directly lead to an insured crisis event. D. The following are added to SECTION VIl DEFINITIONS Insured crisis event means an occurrence resulting from a man made emergency situation including but not limited to a. Intentional acts except those committed by you or your employees such as arson a bombing the taking of hostages a mass shooting or terrorism if coverage under the Terrorism Risk Insurance Act is elected under the policy b. A building structure or equipment collapse c. An automobile watercraft or aircraft accident d. Spread of food borne illness or e. An explosion that a key executive reasonably believed in good faith has resulted or may result in a. 1 Damages in excess of the retained limit because of bodily injury or property damage to which this insurance applies or LCU 04110118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 2 of 4 | 2 |
b. 2 Multiple deaths burns dismemberment injuries traumatic brain injuries permanent paralysis injuries and Significant adverse regional or national media coverage about you. Crisis management expenses Means the following reasonable and necessary fees and expenses following an insured crisis event 1 Expenses incurred directly by our Liberty Mutual Preferred Public Relations Vendor shown in the Schedule for the purpose of maintaining and restoring public confidence in you. Expenses incurred by the public relations vendor that was held on retainer by you at the time of the insured crisis event for providing public relations and media management services but only for those expenses required for the purpose of maintaining and restoring public confidence in you related to the insured crisis event. 3 Expenses incurred directly by your operations for the purpose of maintaining and restoring public confidence in you. These expenses may include printing advertising or mailing of materials to manage reputational risk. 4 Costs of overtime paid to your regular non salaried employees and costs incurred by your employees including costs of transportation and accommodations for the purpose of providing public relations and media services. s Expenses you advance to third parties directly harmed by the insured crisis event for the purpose of mitigating the harm. These expenses may include funeral psychological or grief counseling temporary living and travel expenses. Does not include 1 Any damages imposed upon any insured including but not limited to any fine sanction penalty or punitive or exemplary damages plus any equitable injunctive or other non monetary relief. 2 Any expenses you incur in the investigation defense or settlement of a claim or suit for bodily injury property damage or personal and advertising injury arising out of an insured crisis event. 3 The base salary or wages of any of your employees. 4 Any ransom payment or other expense incurred to meet a demand made to redeem a hostage or captive. 5 Expenses incurred by any public relations or crisis management firm that is not listed as a Liberty Mutual Preferred Public Relations Vendor in the Schedule or that was not held on retainer by you at the time of the insured crisis event. 6 Any retainers or other contracted fees you paid a professional crisis management firm public relations media relations or similar firm prior to an insured crisis event. 7 Damages arising out of any employment related practices such as refusal to employ termination or any other practices policies acts or omissions such as coercion demotion failure to promote evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at any person. Key executive means Chief Executive Officer LCU 04110118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 3 of 4 | 2 |
Chief Operating Officer Chief Financial Officer President General Counsel or Chief Legal Officer General Partner if you are a partnership or Sole Proprietor if you are a proprietorship Any person acting in the same capacity as any position listed in Paragraphs a. through e. above and Any risk manager responsible for insurance matters or any other lawfully elected or appointed executive officer official director trustee or commissioner that is responsible for insurance matters. The following is added to SECTION VI CONDITIONS Duties in the Event of an Insured Crisis Event In the event you did not have a public relations or crisis management firm held on retainer at the time of the insured crisis event and would like to utilize a Liberty Mutual Preferred Public Relations Vendor you must notify both the Liberty Mutual Preferred Public Relations Vendor and Liberty Mutual Claims at the phone number listed in the Schedule within 7 days of an insured crisis event. Due to the emergent nature of claims under this coverage there may be circumstances in which expenses are incurred by a Liberty Mutual Preferred Public Relations Vendor prior to our having the opportunity to determine whether those expenses will be covered under this policy. In those circumstances we will reimburse or pay expenses incurred for services from our Liberty Mutual Preferred Public Relations Vendor prior to our making a coverage determination. We reserve the right to decline expenses incurred after we have informed you that the claim is not covered. In the event you choose to use the public relations or crisis management vendor that you held on retainer at the time of the insured crisis event you must notify Liberty Mutual Claims at the phone number listed in the Schedule within 7 days of an insured crisis event. Additionally you must provide us with written notice as soon as practicable. To the extent possible such written notice should include 1 How when and where the insured crisis event took place 2 The names and addresses of any affected parties and witnesses and 3 The nature and location of any injury or damage arising out of the insured crisis event. LCU 04110118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 4 of 4 | 2 |
Policy Number TH7 621 093114 021 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMUNICABLE DISEASE EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following exclusion is added to SECTION V EXCLUSIONS Communicable Disease Any liability arising out of the actual or alleged transmission of a communicable disease. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in a. The supervision hiring employment training or monitoring of others that may be infected with and spread a communicable disease b. Testing for a communicable disease c. Failure to prevent the spread of a communicable disease or d. Failure to report a communicable disease to authorities. LCU21010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 621 093114 021 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AIRCRAFT PRODUCTS AND GROUNDING EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. The following exclusion is added to SECTION V EXCLUSIONS Aircraft Products and Grounding Any liability arising out of or allegedly arising out of b. c. d. Aircraft products Work performed upon or in connection with aircraft products Any representation or warranty made at any time with respect to such products or work or The grounding of any aircraft. B. For the purposes of this endorsement the following are added to SECTION VII DEFINITIONS Aircraft includes missiles and spacecraft. Aircraft products means b. e. Aircraft and any ground support or control equipment used in connection with aircraft Any of your products manufactured sold handled or distributed for use in any aircraft or for use in connection with the manufacture repair operation maintenance or use of any aircraft Any of your products installed in or used in connection with aircraft including spare parts ground handling tools and equipment Training aids navigation charts navigation aids instructions manuals blueprints engineering or other data or engineering or other professional advice and Services and labor relating to Paragraph a. b. c. or d. above. Grounding means the withdrawal of one or more aircraft from flight operations or the imposition of speed passenger or load restrictions on such aircraft by reason of an actual alleged or suspected defect fault or condition in such aircraft or any part thereof whether such aircraft withdrawn or restricted are owned or operated by the same or different persons or organizations. A grounding will be deemed to commence on the date of an occurrence which discloses such defect fault or condition or on the date an aircraft is first withdrawn from service on account of such defect default or condition whichever occurs first. LCU 21070118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 621 093114 021 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DAMAGE FIRST OCCURRING PRIOR TO POLICY PERIOD EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following exclusion is added to SECTION V EXCLUSIONS Damage First Occurring Prior to Policy Period This insurance does not apply to bodily injury or property damage within the products completed operations hazard if the injury or damage first occurred prior to the effective date of this policy. LCU 21470118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 621 093114 021 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULED ENDORSEMENT EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following exclusion is added to SECTION V EXCLUSIONS This insurance does not apply to any liability excluded from underlying insurance by the endorsements listed in the Schedule of this endorsement even if such endorsement is removed or revised on or after the effective date of the underlying insurance. Schedule Endorsement Name Non Cumulation of Liability Same Occurrence Endorsement Number LC 251308 08 Insurer Liberty Mutual Fire Insurance Company Policy Type General Liability Policy Number TB2 621 093114 051 Policy Period 04012021 04012022 Endorsement Name Endorsement Number Insurer Policy Type Policy Number Policy Period Endorsement Name Endorsement Number Insurer Policy Type Policy Number Policy Period LCU 21480118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 621 093114 021 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UNLAWFUL DISCRIMINATION EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following exclusion is added to SECTION V EXCLUSIONS Unlawful Discrimination Any liability arising out of unlawful discrimination. LCU 21790618 2018 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 621 093114 021 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RESIDENTIAL CONSTRUCTION OPERATIONS EXCLUSION WITH COMMERCIAL NON RESIDENTIAL USE EXCEPTION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following exclusion is added to SECTION V EXCLUSIONS Residential Construction Operations Any liability arising out of residential construction operations whether ongoing or completed. If a residential construction project includes a component that is intended for commercial non residential use this exclusion shall not apply to that portion of the structure or project. For the purposes of this endorsement residential construction includes but is not limited to construction reconstruction demolition remodeling or repair of any phase of construction or site preparation for the following types of residential structures single or multi family dwellings tract homes apartments townhomes condominiums or any mixed use structures with a residential component but does not include hotels motels assisted living facilities nursing homes college campus dormitories or government housing on military bases. LCU 21830118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 621 093114 021 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY EXCLUSION WITH LIMITED BODILY INJURY EXCEPTION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. Exclusion 10. of SECTION V EXCLUSIONS is deleted. B. The following exclusion is added to SECTION V EXCLUSIONS Access or Disclosure of Confidential or Personal Information and Data Related Liability Any liability arising out of a. Any access to or the actual threatened or potential release disclosure or distribution of any person s or organization s confidential or personal information including but not limited to patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information or b. The loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of that which is described in Paragraph a. or b. above. However this exclusion does not apply to damages because of bodily injury arising from the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. LCU 21850118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 621 093114 021 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FOREIGN LIABILITY LIMITATION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. For the purpose of this endorsement Paragraph 2.b. of SECTION COVERAGES is deleted and replaced by the following b. The bodily injury property damage or personal and advertising injury is caused by an occurrence and B. The following exclusion is added to SECTION V EXCLUSIONS Foreign Liability Any liability caused by an occurrence that takes place outside of the United States of America including its territories and possessions Puerto Rico and Canada. However this exclusion does not apply to the extent underlying insurance provides such coverage. Coverage under this policy will be no broader than that provided by underlying insurance. LCU 240909 19 2019 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 621 093114 021 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW YORK CHANGES This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. The following is added to Paragraph 1. of SECTION IV DEFENSE AND SUPPLEMENTARY PAYMENTS When we have a duty to defend we will defend the insured against any suit seeking those damages even if the allegations of the suit are groundless false or fraudulent. B. The following is added to Paragraph 13. of SECTION V EXCLUSIONS This exclusion does not apply to bodily injury arising out of discrimination based solely on disparate impact or vicarious liability. C. Only with respect to liability arising out of the ownership maintenance or use of covered autos the following are added to Paragraph 4. of SECTION IV DEFENSE AND SUPPLEMENTARY PAYMENTS g. All expenses incurred by an insured for first aid to others at the time of an occurrence. h. The cost of appeal bonds. D. SECTION VI CONDITIONS is revised as follows 1. The following is added to Paragraph 6. Duties in the Event of Occurrence Claim or Suit Notice given by or on behalf of the insured or written notice by or on behalf of the injured person or any other claimant to any agent of ours in New York State with particulars sufficient to identify the insured shall be considered to be notice to us. 2. Paragraph 8. is deleted and replaced by the following 8. Legal Action Against Us a. Except as provided in Paragraph b. below no person or organization has the right under this policy 1 To join us as a party or otherwise bring us into a suit asking for damages from an insured or 2 To sue us under this policy unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this policy or that are in excess of the applicable Limits of Insurance of this policy. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. b. With respect to all claims other than property damage claims if we deny coverage or do not admit liability because an insured or the injured person someone acting for the injured person or other claimant fails to give us written notice as soon as practicable then the injured person someone acting for the injured person or other claimant may bring an action against us provided the sole question is whether the denial of coverage or nonadmission of liability is based on the failure to provide timely notice. LCU 32040118 2017 Liberty Mutual Insurance Page 10of 3 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
However the injured person someone acting for the injured person or other claimant may not bring an action if within 60 days after we deny coverage or do not admit liability we or an insured 1 Brings an action to declare the rights of the parties under the policy and 2 Names the injured person someone acting for the injured person or other claimant as a party to the action. 3. Paragraph 2.c. under Audit and Premium is deleted and replaced by the following c. Ifarate is shown on Declarations the Advance Premium shown in the Declarations is an estimated premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first named insured. The due date for audit premiums is the date shown as the due date on the bill. An audit to determine the final premium due or to be refunded will be completed within 180 days after the expiration date of the policy. But the audit may be waived if the total annual premium attributable to the auditable exposure base is not reasonably expected to exceed 1500. If the sum of the Advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first named insured subject to the Minimum Retained Premium if any shown in the Declarations for each twelve months of the policy period. 4. Except as provided in Paragraph 3. above Paragraph 2.e. continues to apply. 5. The following is added to 12. Representations We do not provide coverage for any insured who has made fraudulent statements or engaged in fraudulent conduct in connection with any loss or damage for which coverage is sought under this policy. However with respect to liability arising out of the ownership maintenance or use of covered autos we will provide coverage to such insured for damages sustained by any person who has not made fraudulent statements or engaged in fraudulent conduct if such damages are otherwise covered under the policy. 6. The following is added to 6. Duties in the Event of Occurrence Claim or Suit Failure to give notice to us as required under this policy shall not invalidate any claim made by the insured injured person or any other claimant unless the failure to provide such timely notice has prejudiced us. However no claim made by the insured injured person or other claimant will be invalidated if it shall be shown not to have been reasonably possible to give such timely notice and that notice was given as soon as was reasonably possible thereafter. 7. Paragraph 3. is deleted and replaced by the following 3. Bankruptcy or Insolvency Your your estate or any underlying insurer s bankruptcy insolvency or inability to pay shall neither relieve nor increase our obligations under this policy. However under no circumstances will such bankruptcy insolvency or inability to pay require us to drop down replace or assume any obligation of underlying insurance. This insurance will apply as if the underlying insurance were in full effect. E. SECTION VIl DEFINITIONS is revised as follows Definition 14. Loading or unloading does not apply. F. The following provision is added It is hereby understood and agreed that notwithstanding anything in this policy to the contrary with respect to such insurance as is afforded by this policy the terms of this policy as respects coverage for operations in the LCU 32040118 2017 Liberty Mutual Insurance Page 2 of 3 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
State of New York must conform to the coverage requirements of the applicable insurance laws of the State of New York or the applicable regulations of the New York Department of Financial Services provided however that the company s limits of insurance as stated in this policy are excess of the limits of any underlying insurance or in any attached endorsement. LCU 32040118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 3 of 3 | 2 |
Policy Number TH7 621 093114 021 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW YORK TRANSFER OF DUTIES WHEN A LIMIT OF INSURANCE IS USED UP This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following condition is added to SECTION VI CONDITIONS Transfer of Duties When a Limit of Insurance is Used Up a. If we conclude that based on occurrences offenses claims or suits which have been reported to us and to which this insurance may apply the 1 General Aggregate Limit 2 Products Completed Operations Aggregate Limit or 3 Each Occurrence Limit is likely to be used up in the payment of judgments or settlements or supplementary payments if applicable we will notify the first named insured in writing to that effect. b. When a limit of insurance described in Paragraph a. above has actually been used up in the payment of judgments or settlements or supplementary payments if applicable 1 We will notify the first named insured in writing as soon as practicable that a Such a limit has actually been used up and b Our duty to defend suits seeking damages subject to that limit has also ended. 2 If we have a duty to defend we will initiate and cooperate in the transfer of control to any appropriate insured of all claims and suits seeking damages which are subject to that limit and which are reported to us before that limit is used up. That insured must cooperate in the transfer of control of said claims and suits. We agree to take such steps as we deem appropriate to avoid a default in or continue the defense of such suits until such transfer is completed provided the appropriate insured is cooperating in completing such transfer. We will take no action whatsoever with respect to any claim or suit seeking damages that would have been subject to that limit had it not been used up if the claim or suit is reported to us after that limit of insurance has been used up. 3 The first named insured and any other insured involved in a suit seeking damages subject to that limit must arrange for the defense of such suit within such time period as agreed to between the appropriate insured and us. Absent any such agreement arrangements for the defense of such suit must be made as soon as practicable. c. The first named insured will reimburse us for expenses we incur in taking those steps we deem appropriate in accordance with Paragraph b.2 above. LCU 32050118 2017 Liberty Mutual Insurance Page 1 of 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 2 | 2 |
The duty of the first named insured to reimburse us will begin on 1 The date on which the applicable limit of insurance is used up if we sent notice in accordance with Paragraph a. above or 2 The date on which we sent notice in accordance with Paragraph b.1 above if we did not send notice in accordance with Paragraph a. above. d. The exhaustion of any limit of insurance by the payments of judgments or settlements or supplementary payments if applicable and the resulting end of our duty to defend will not be affected by our failure to comply with any of the provisions of this condition. LCU 32050118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 2 of 2 | 2 |
Policy Number TH7 621 093114 021 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW YORK LEAD LIMITATION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following exclusion is added to SECTION V EXCLUSIONS Lead a. Bodily injury arising out of the actual or alleged ingestion inhalation exposure to or absorption of lead b. Any liability arising out of or related to lead the actual or alleged exposure to lead or any claims or suits arising from lead c. Any loss cost or expense arising out of any request demand or order that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of lead or d. Any loss cost or expense arising out of any claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of lead. For the purposes of this endorsement lead means lead and lead compounds in any form. However this exclusion does not apply to the extent underlying insurance provides such coverage. Coverage under this policy will be no broader that that provided by underlying insurance. LCU 32070118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 621 093114 021 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW YORK CHANGES SILICA OR SILICA RELATED DUST EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following exclusion is added to SECTION V EXCLUSIONS Silica or Silica Related Dust Bodily injury arising from the known health hazards of silica and arising in whole or in part out of the actual alleged threatened or suspected inhalation of or ingestion of silica or silica related dust. Property damage arising from the known health hazards of silica and arising in whole or in part out of the actual alleged threatened or suspected contact with exposure to existence of or presence of silica or silica related dust. Personal and advertising injury arising from the known health hazards of silica and arising in whole or in part out of the actual alleged threatened or suspected inhalation of ingestion of contact with exposure to existence of or presence of silica or silica related dust. Any loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediation or disposing of or in any way responding to or assessing the effects of silica or silica related dust by any insured or by any other person or entity. For the purpose of this endorsement b. Silica means silicon dioxide occurring in crystalline amorphous and impure forms silica particles silica dust or silica compounds. Silica related dust means a mixture or combination of silica and other dust or particles. LCU 32320118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 621 093114 021 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW YORK CHANGES FUNGI OR BACTERIA This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. Exclusion 15. of SECTION V EXCLUSIONS is deleted. B. Paragraph 9. of SECTION VII DEFINITIONS is deleted. However this amendment only applies to any liability caused by an occurrence arising out of fungi or bacteria that takes place in the state of New York. LCU 321300118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 621 093114 021 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CERTIFIED ACTS OF TERRORISM EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. The following exclusion is added to SECTION V EXCLUSIONS Terrorism Any injury or damage arising directly or indirectly out of a certified act of terrorism. B. The following definitions are added to SECTION VII DEFINITIONS Any injury or damage means any injury or damage covered by this insurance in excess of the underlying insurance and includes but is not limited to bodily injury property damage or personal and advertising injury as may be defined in this policy or underlying insurance. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. C. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this policy. LCU 60050118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 621 093114 021 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Schedule Email Address or Mailing Address Name of Other Persons Organizations As per Primary Liberty Mutual policy Number of Days Notice As per Primary Liberty Mutual policy nan nan nan nan 30.0 A. If we cancel this policy for any reason other than nonpayment of premium we will notify the persons or organizations shown in the Schedule of this endorsement. We will send notice to the email or mailing address listed above at least 10 days or the number of days listed above if any before the cancellation becomes effective. In no event shall the notice period applicable to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. LCU 99160118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 621 093114 021 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA LIMITATION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Exclusion 15. of SECTION V EXCLUSIONS does not apply to a. Bodily injury or personal and advertising injury that is covered by underlying insurance or b. Property damage that is covered by underlying insurance to your work that arises out of it or any part of it and is included in the products completed operations hazard if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. Coverage under this policy will be no broader than that provided by underlying insurance. LMU 04 3205 18 2018 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
LIBERTY MUTUAL GROUP CALIFORNIA PRIVACY NOTICE Commercial Lines excluding Workers Compensation Effective December 15 2020 Liberty Mutual Group and its affiliates subsidiaries and partners collectively Liberty Mutual or we us and our provide insurance to companies and other insurers. This Privacy Notice explains how we gather use and share your data. This Privacy Notice applies to you if you are a Liberty Mutual commercial line insured or are a commercial line claimant residing in California. It does not apply to covered employees or claimants under Workers Compensation policies. If this notice does not apply to you go to libertymutual.comprivacy to review the applicable Liberty Mutual privacy notice. What Data Does Liberty Mutual Gather We may collect the following categories of data Identifiers including a real name alias postal address unique personal identifier online identifier Internet Protocol address email address account name Social Security Number driver s license number or other similar identifiers Personal information described in California Civil Code 1798.80e such as your name signature Social Security Number physical characteristics or description address telephone number driver s license or state identification card number insurance policy number education employment employment history bank account number financial information medical information or health insurance information Protected classification characteristics including age race color national origin citizenship religion or creed marital status medical condition physical or mental disability sex including gender gender identity gender expression pregnancy or childbirth and related medical conditions sexual orientation or veteran or military status Commercial information including records of personal property products or services purchased obtained or considered or other purchasing or consuming histories and tendencies Internet or other similar network activity including browsing history search history information on a consumer s interaction with a website application or advertisement Professional or employment related information including current or past job history or performance evaluations Inferences drawn from other personal information such as a profile reflecting a person s preferences characteristics psychological trends predispositions behavior attitudes intelligence abilities and aptitudes Risk data including data about your driving andor accident history this may include data from consumer reporting agencies such as your motor vehicle records and loss history information health data or criminal convictions and Claims data including data about your previous and current claims which may include data regarding your health criminal convictions third party reports or other personal data. For information about the types of personal data we have collected about California consumers in the past twelve 12 months please go to libertymutual.comprivacy and click on the link for the California Supplemental Privacy Policy. How We Get the Personal Data We gather your personal data directly from We also gather your personal data from other people. you. For example you provide us with data For example when you ask about buy insurance or file a claim your insurance agent or broker pay your policy your employer association or business if you are insured through them visit our websites call us or visit our office our affiliates or other insurance companies about your transactions with them SNI 04011220 2020 Liberty Mutual Insurance Page 1 of 5 your peirsofial Uala 1mom ouer peopie. | 2 |
consumer reporting agencies Motor Vehicle Departments and inspection services to gather your credit history driving record claims history or value and condition of your property other public directories and sources third parties including other insurers brokers and insurance support organizations who you have communicated with about your policy or claim anti fraud databases sanctions lists court judgments and other databases government entities open electoral register advertising networks data analytics providers social networks data brokers or in the event of a claim third parties including other parties to the claim witnesses experts loss adjustors and claim handlers other third parties who take out a policy with us and are required to provide your data such as when you are named as a beneficiary or where a family member has taken out a policy which requires your personal data For information about how we have collected per libertymutual.comprivacy and click on the link for the How Does Liberty Mutual Use My Data Liberty Mutual uses your data to provide you with o Privacy Notice. Your data may be used to sonal data in the past twelve 12 months please go to California Supplemental Privacy Policy. ur products and services and as otherwise provided in this Business Purpose Data Cateqories Market sell and provide insurance. o dentifiers This includes for example e Personal Information calculating your premium Protected Classification Characteristics e determining your eligibility for a quote o Commercial Information e confirming your identity and service your o Internet or other similar network activity policy o Professional or employment related information o Inferences drawn from other personal information Risk data Claims data IManage your claim. This includes for example o dentifiers e managing your claim if any e Personal Information e conducting claims investigations o Protected Classification Characteristics e conducting medical examinations o Commercial Information e conducting inspections appraisals o Internet or other similar network activity providing roadside assistance o Professional or employment related information e providing rental car replacement or repairs o Inferences drawn from other personal information Risk Data Claims Data is includes for example e calculating your premium determining your eligibility for a quote e confirming your identity and service your policy Characteristics o Characteristics o SNI104 011220 2020 Liberty Mutual Insurance Page 2 of 5 | 2 |
IDay to Day Business and Insurance Operations. o dentifiers This includes for example e Personal Information creating maimaing customizing and o Protected Classification Characteristics securing accounts o Commercial Information M f lzfzgday business and insurance yternet or other similar network activity o doing internal research for technolo e Professional or employment related information deveglopment Yy o Inferences drawn from other personal information e marketing and creating products and services M Risk data e conducting audits related to a current contact Claims data with a consumer and other transactions e as described at or before the point of gathering personal data or with your authorization Security and Fraud Detection. o Identifiers This includes for example e Personal Information detecting security issues Protected Classification Characteristics e protecting against fraud or illegal activity and o Commercial Information zfzleysm regulatory and law enforcement 46 et or other similar network activity o managin isk and securing our systems. e Professional or employment related information asselsg irfrastructure and pgremiseys o Inferences drawn from other personal information e help to ensure the safety and security of N RSk data Liberty staff assets and resources which may Claims data include physical and virtual access controls and access rights management e supervisory controls and other monitoring and reviews as permitted by law and e emergency and business continuity management Regulatory and Legal Requirements. e dentifiers This includes for example e Personal Information controls and access rights management Protected Classification Characteristics e to evaluate or conduct a merger divestiture o Commercial Information restructuring reorganization dissolution or o Internet or other similar network activity other sale or transfer of some or all of Liberty s. assets whether as a going concern or as part e Professional or employment related information of banlrupcy liquidation o similar. Inferences drawn from other personal information proceeding in which personal data held by e Risk data Liberty is among the assets transferred e Claims data exercising and defending our legal rights and positions to meet Liberty contract obligations to respond to law enforcement requests and as required by applicable law court order or governmental regulations as otherwise permitted by law. Characteristics Claims data Characteristics o Claims data cy and business continuity 1ent Characteristics o Claims data e as otherwise permitted by law. SNI104 011220 2020 Liberty Mutual Insurance Page 3 of 5 | 2 |
Improve Your Customer Experience and Our e dentifiers Products. o Personal Information This includes for example o Commercial Information mpovf you cuslgm.er experience our e Internet or other similar network activity. goprzswcsieajnsu grovrfiersonalize and develop e Professional or employment related nformaton our website products and services. Inferences drawn from other personal information e create and offer new products and services Risk data Claims data Analytics to identify understand and manage our e dentifiers risks and products. Personal Information This includes for gxample o o Protected Classification Characteristics e conducting analytics to better identify o Commercial Information understand and manage risk and our products. e Internet or other similar network activity e Professional or employment related information o Inferences drawn from other personal information Risk data Claims data ICustomer service and technical support. This o dentifiers includes for example Personal Information answer questions and provide notifications o Commercial Information provide customer and technical support o Internet or other similar network activity e Professional or employment related information o Inferences drawn from other personal information Risk data Claims data How Does Liberty Mutual Share My Data Liberty Mutual does not sell your personal data as defined by the California Consumer Privacy Act. Liberty Mutual shares personal data of California consumers with the following categories of third parties Liberty Mutual affiliates Service Providers Insurance support organizations Brokers and agents Government entities and institutions e.g. regulatory quasi regulatory tax or other authorities law enforcement agencies courts arbitrational bodies and fraud prevention agencies Professional advisors including law firms accountants auditors and tax advisors Advertising networks data analytics providers and social networks Insurers re insurers policyholders and claimants and As permitted by law. Liberty Mutual shares the following categories of personal data regarding California consumers to service providers for business purposes Identifiers Protected Classification Characteristics Internet or other similar network activity Inferences drawn from other personal information Professional employment and education information Personal Data Commercial Information Claims Data Risk Data For information about how we have shared personal information in the past twelve 12 months please go to libertymutual.comprivacy and click on the link for the California Supplemental Privacy Policy. SNI104 011220 2020 Liberty Mutual Insurance Page 4 of 5 mer experience our Characteristics I Personal Data Commercial Information Claims Data Risk Data | 2 |
What Privacy Rights Do Have The California Consumer Privacy Act provides California residents with specific rights regarding personal information. These rights are subject to certain exceptions. Our response may be limited as permitted under law. For more information on your rights please go to libertymutual.comprivacy and click on the link for the California Supplemental Privacy Policy. Will Liberty Mutual Update This Privacy Notice We reserve the right to makes changes to this notice at any time and for any reason. The updated version of this policy will be effective once it is accessible. You are responsible for reviewing this policy to stay informed of any changes or updates. Who Do Contact Regarding Privacy If you have any questions or comments about this Notice or the Supplemental CCPA Notice your rights or are requesting the Notice in an alternative format please do not hesitate to contact Liberty Mutual at Phone 800 344 0197 Email privacylibertymutual.com Postal Address Liberty Mutual Insurance Company Attn Privacy Office 175 Berkeley St 6th Floor Boston MA 02116 SNI104 011220 2020 Liberty Mutual Insurance Page 5 of 5 | 2 |
POLICYHOLDER DISCLOSURE TERRORISM RISK INSURANCE ACT THIS NOTICE CONTAINS IMPORTANT INFORMATION PURSUANT TO THE TERRORISM RISK INSURANCE ACT. PLEASE READ IT CAREFULLY. In accordance with the Terrorism Risk Insurance Act including all amendments TRIA or the Act we are required to provide you with a notice of the portion of your premium attributable to coverage for certified acts of terrorism the federal share of payment of losses from such acts and the limitation or cap on our liability under the Act. Disclosure of Premium The Company has made available coverage for certified acts of terrorism as defined in the Act. If purchased the portion of your premium attributable to coverage for certified acts of terrorism is shown in the Declarations Declarations Extension Schedule or elsewhere by endorsement in your policy. Federal Participation In Payment Of Terrorism Losses If an individual insurer s losses from certified acts of terrorism exceed a specified deductible amount the government will generally reimburse the insurer for a percentage of losses the Federal Share paid in excess of the deductible but only if aggregate industry losses from certified acts of terrorism exceed the Program Trigger. Beginning in calendar year 2020 the Federal Share is 80 and Program Trigger is 200000000. Cap On Insurer Parti ation In Payment Of Terrorism Losses If aggregate insured losses attributable to certified acts of terrorism exceed 100 billion in a calendar year and we have met our deductible under the Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion. Nor shall Treasury make any payment for any portion of the amount of such losses that exceeds 100 billion. In such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. SNI90 020120 2020 Liberty Mutual Insurance Page 1 of 1 | 2 |
Policy Number TH7 621 093114 021 Issued by LIBERTY INSURANCE CORPORATION In witness whereof the company has caused this policy to be signed by its President and its Secretary. EEEEEEEEE SECRETARY LIL9007 1013 2013 Liberty Mutual Insurance. All rights reserved. Page 1 of 1 | 2 |
CNA IMPORTANT INFORMATION NOTICE OFFER OF TERRORISM COVERAGE NOTICE DISCLOSURE OF PREMIUM THIS NOTICE DOES NOT FORM A PART OF YOUR POLICY GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY You are hereby notified that under the Terrorism Risk Insurance Act as extended and reauthorized Act you have a right to purchase insurance coverage of losses arising out of acts of terrorism as defined in Section 1021 of the Act subject to all applicable policy provisions. The Terrorism Risk Insurance Act established a federal program within the Department of the Treasury under which the federal government shares with the insurance industry the risk of loss from future terrorist attacks. This Notice is designed to alert you to coverage restrictions and to certain terrorism provisions in the policy. If there is any conflict between this Notice and the policy including its endorsements the provisions of the policy including its endorsements apply. CHANGE IN THE DEFINITION OF A CERTIFIED ACT OF TERRORISM The Act applies when the Secretary of the Treasury certifies that an event meets the definition of an act of terrorism. Originally the Act provides that to be certified an act of terrorism must cause losses of at least five million dollars and must have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest to coerce the government or population of the United States. However the 2007 reauthorization of the Act no longer requires the act of terrorism to be committed by or on behalf of a foreign interest and certified acts of terrorism now encompass for example a terrorist act committed against the United States government by a United States citizen when the act is determined by the federal government to be a certified act of terrorism. In accordance with the Act we are required to offer you coverage for losses resulting from an act of terrorism that is certified under the federal program. The policy s other provisions including nuclear war or military action exclusions will still apply to such an act. The premium charge for terrorism coverage is shown separately on your Policy Declarations and is also included in the total premium. DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States Government Department of the Treasury will pay a share of terrorism losses insured under the federal program. The federal share equals 85 of that portion of the amount of such insured losses that exceeds the applicable insurer retention. LIMITATION ON PAYMENT OF TERRORISM LOSSES applies to policies which cover terrorism losses insured under the federal program including those which only cover fire losses If aggregate insured losses attributable to terrorist acts certified under the Act exceed 100 billion in a Program Year January 1 through December 31 the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. Further this coverage is subject to a limit on our liability pursuant to the federal law where if aggregate insured losses attributable to terrorist acts certified under the Act exceed 100 billion in a Program Year January 1 through December 31 and we have met our insurer deductible under the Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion 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. G144233 F Page 1 of 1 Ed. 0108 9408LL02515805L0002008 | 2 |
CNA POLICYHOLDER NOTICE CNA Commercial Insurance 333 S. Wabash Ave. Chicago lllinois 60604 4153 50020007750851520778017 Regarding Your CNA Commercial Insurance Coverage Dear CNA Policyholder Ethics and proper business conduct has been the cornerstone of CNA since 1897. While much has changed during the last century our commitment to these core values has not wavered. We strongly believe that proper business conduct is more than the practice of avoiding wrong it is also a matter of choosing to do right. Nowhere is this more essential than helping in the fight against terrorism. As such we are committed to complying with U.S. Department of Treasury Office of Foreign Asset Control OFAC requirements. Through a variety of laws OFAC administers and enforces economic sanctions against countries and groups of individuals such as terrorists and narcotics traffickers. These laws prohibit all United States citizens including corporations and other entities and permanent residents from engaging in transactions with sanctioned countries and with individuals and entities on the Specially Designated Nationals SDN list. Because all U.S. citizens and companies are subject to this law we wanted to be sure you were aware of its scope and restrictions. If you have nt already done so you may want to consider discussing this issue with your legal counsel to ensure you are in compliance. For insurance companies accepting premium from issuing a policy to insuring property of or making a claim payment to an individual or entity that is the subject of U.S.imposed economic sanctions or trade embargoes usually are violations of these laws and regulations. Fines for violating OFAC requirements can be substantial. CNA has established an OFAC compliance program part which includes the use of exclusionary policy language. We believe this makes good business sense for CNA and you. The purpose of this letter is to advise you that your renewal policy includes OFAC exclusionary policy language which may reduce or eliminate certain coverage. Specifically if it is determined that your policy violates certain Federal or State laws or regulations such as the U.S. list of Specially Designated Nationals or Blocked Persons organizations or individuals associated with terrorist groups any term or condition of your policy will be and void to the extent it violates the applicable laws or regulations of the United States. We re sure you share our commitment to compliance and thank you for your cooperation. G145041 A Ed. 0503 Page 1 of 1 | 2 |
CNA Commercial Umbrella Renewal Declaration POLICY NUMBER B 5085152077 COVERAGE PROVIDED BY CONTINENTAL CASUALTY COMPANY 333 S. WABASH CHICAGO IL. 60604 INSURED NAME AND ADDRESS West Side GI LLC 619 W 54TH ST FL 8 NEW YORK NY 10019 AGENCY NAME AND ADDRESS LOCKTON COMPANIES LLC 444 W. 47TH ST. 900 KANSAS CITY MO 64112 Phone Number 816960 9000 BRANCH NAME AND ADDRESS KANSAS CITY BRANCH 5901 COLLEGE BLVD. STE. 400 OVERLAND PARK KS 66211 Phone Number 913661 2700 FROM POLICY PERIOD TO 06062014 06062015 AGENCY NUMBER 060692 BRANCH NUMBER 310 This policy becomes effective and expires at 1201 A.M. standard time at your mailing address on the dates shown above. The Named Insured is a Limited Liability Company Your policy is composed of this Declarations with the attached Coverage Forms and Endorsements if any. The Policy Forms and Endorsement Schedule shows all forms applicable to this policy at the time of policy issuance. PREMIUM Estimated Estimated Premium Basis Exposure Rate Premium Flat Charge 52529 Minimum Premium 2529 Annual Total Policy Premium 2529.00 Your Premium includes the following amount for Certified Acts of Terrorism Coverage 25.00 Audit Period is Not Auditable 25.00 Page INSURED | 2 |
POLICY NUMBER B 5085152077 INSURED NAME AND ADDRESS West Side GI LLC 619 W 54TH ST FL 8 NEW YORK NY 10019 ITEM 3 POLICY LIMITS OF LIABILITY Each Incident 5000 000 Aggregate 5000000 ITEM 4 RETAINED LIMIT Retained Limit 10000 ITEM 5 SCHEDULE OF UNDERLYING INSURANCE Underlying Insurer Policy Number Underlying Limit of Policy Period Insurance Coverages Liability Continental Casualty Company General Each Occurrence Limit 1000 000 Liability General Aggregate Limit 2000 000 Applies per location 5085151186 Does nt apply per project Eff 06062014 to 06062015 Products Completed Operations 2000000 Aggregate Limit Personal and Advertising 1000 000 Injury Liability Limit Continental Casualty Company Automobile Combined Bodily Injury and Liability Property Damage Liability Each Accident Limit 1000 000 5085151186 Bodily Injury Liability Each Person Limit Eff 06062014 to 06062015 Each Accident Limit Property Damage Liability Each Accident Limit Transportation Insurance Co. Employers Bodily Injury By Accident Liability Each Accident Limit 1000 000 Bodily Injury By Disease 5085101470 Each Employee Limit 1000 000 Policy Limit 1000 000 Eff 05212013 to 05212014 Continental Casualty Company Employee Each Employee Limit 1000000 Benefit Limit Aggregate Limit 2000000 5085151186 Eff 06062014 to 06062015 nan nan nan nan 85151186.0 nan nan nan nan 85151186.0 nan nan nan nan 85101470.0 Disease Limit nan nan nan nan 85151186.0 ggregate Limit Page INSURED | 2 |
POLICY NUMBER B 5085152077 INSURED NAME AND ADDRESS West Side GI LLC 619 W 54TH ST FL 8 NEW YORK NY 10019 Form Number G115922A G115928A G116393A G144239A G144291A G146878A G147133A G147135A G147157A31 G147232A G15057A G16197B G16375E G16663A G16912A31 G17900A G17902A G17909A31 G18132C31 G300968A IL0017 P56015B 061995 061995 061995 012003 032003 052005 012004 012004 032005 012005 101989 071992 012004 101991 091991 011992 011992 011992 022013 062010 111998 111991 FORMS AND ENDORSEMENTS SCHEDULE Form Title Aircraft Limitation UMB Employment Related Practices Exclusion UMB Contractual Liability Limitation War Liability Exclusion Economic And Trade Sanctions Condition EXCLUSION VIOLATION OF STATUTES Amendment of Definitions Endorsement Amendment of Property Damage Exclusion Endt Exclusion Silica LOSSES FROM ACTS OF TERRORISM LIMITATION Commercial Umbrella Plus Coverage Part Amendatory Endorsement New York Contractor Limitation Endorsement NY Changes Transfer of Duties When Limit Used Up Amendatory Endorsement Policy Territory Personal Injury Liability Limitation Endorsement Advertising Injury Liability Limitation Endorsemen Automobile Liability Limitation Endorsement NY Amendment of Insuring Agreement Employee Benefit Medical Malpractice Professional Liab Exclusion Common Policy Conditions Known or Continuing Injury or Damage PLEASE READ THE ENCLOSED IMPORTANT NOTICES CONCERNING YOUR POLICY Form Number Form Title G138885A 042000 Important Information Policyholder Notice G144233F 012008 Notice Offer of Terrorism Disclosure of Premium G145041A 052003 IMP INF Economic And Trade Sanctions Condition G145661A 092003 Important Information War Liability Exclusion Yoowad MeZarnl Chairman of the Board P43770 B Ed. 1089 Countersignature Mum Page INSURED | 2 |
G115922 A Ed. 0695 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AIRCRAFT LIMITATION This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART It is agreed that exclusion h. of SECTION COVERAGES is deleted and replaced by the following This insurance does not apply to h. Liability arising out of the ownership maintenance operation use or loading or unloading of any aircraft. However this exclusion does not apply if liability for aircraft is scheduled in this policy s Schedule of Underlying In surance for the full limits shown and then only for such liability for which coverage is afforded under the scheduled underlying insurance. 0208L402515805.0002008 G115922 A Ed. 0695 Page 1 of 1 | 2 |
G115928 A Ed. 0695 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART 1. The following exclusion is added to part 2. Exclu sions. of SECTION COVERAGES This insurance does not apply to Bodily injury or personal injury arising out of any a. Refusal to employ b. Termination of employment c. Coercion demotion evaluation reassignment discipline defamation harassment humiliation discrimination or other employment related prac tices policies acts or omissions or d. Consequential bodily injury or consequential personal injury as a result of a. through c. above. This exclusion applies whether the insured may be held liable as an employer or in any other capacity and to any obligation to share damages with or to re pay someone else who must pay damages because of the injury. 2. The definition for personal injury in SECTION V DEFINITIONS is deleted and replaced by the follow ing Personal injury means injury other than bodily in jury or injury excluded by 1. above or Exclusion 2.r. of SECTION COVERAGES arising out of more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecution c. Wrongful eviction from wrongful entry into invasion of the right of private occupanc room dwelling or premises that a persor pies by or on behalf of its owner landlord sor d. Discrimination unless such insurance is ited by law e. Humiliation. Libel g. Slander or defamation of character or h. Invasion of rights of privacy all of which are committed in the conduct of sured s business except for coverage that is a under Advertising Injury. SECTION COVERAGES arising out of one or more of the following offenses a. b. c. g. h. False arrest detention or imprisonment Malicious prosecution Wrongful eviction from wrongful entry into or the invasion of the right of private occupancy of a room dwelling or premises that a person occu pies by or on behalf of its owner landlord or les sor Discrimination unless such insurance is prohib ited by law Humiliation Libel Slander or defamation of character or Invasion of rights of privacy all of which are committed in the conduct of an in sured s business except for coverage that is afforded under Advertising Injury. G115928 A Ed. 0695 Page 1 of 1 | 2 |
G116393 A Ed. 0695 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTUAL LIABILITY LIMITATION This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART This insurance does not apply to any liability assumed by an insured under any contract or agreement. Accordingly 1. SECTION V DEFINITIONS is amended to delete the definition of insured contract. 2. Exclusion d. e. g. and j. of SECTION COVER AGES are amended to remove any coverage for liabil ity assumed under an insured contract or sidetrack agreement. This exclusion does not apply 1. If such liability is covered by valid and collectible un derlying insurance as listed in the Schedule of Under lying Insurance for the full limits shown therein and then only for such liability for which coverage is af forded under said underlying insurance or 2. To liability for damages that the insured would have in the absence of the contract or agreement. 1208L40251S80SLL000200S G116393 A Ed. 0695 Page 1 of 1 | 2 |
G144239 A Ed. 0103 CNA This endorsement modifies insurance provided under the following THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAR LIABILITY EXCLUSION COMMERCIAL UMBRELLA PLUS COVERAGE PART A. Exclusion i. under Paragraph 2. EXCLUSIONS of SECTION COVERAGES is replaced by the following 2. Exclusions Bodily injury property damage personal injury or advertising injury arising directly or indirectly out of 1 War including undeclared or civil war or Warlike action by a military including action in hindering or de against an actual or expected att any government sovereign or authority using military personnel agents or Insurrection rebellion revolution power or action taken by goverr authority in hindering or defending any of these. Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. G144239 A Ed. 0103 Page 1 of 1 | 2 |
G146878 A Ed. 0505 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION VIOLATION OF STATUTES THAT GOVERN COMMUNICATION OF INFORMATION This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART EXCESS THIRD PARTY LIABILITY POLICY This insurance does not apply to any liability arising directly or indirectly out of any action or omission that violates or is alleged to violate a. The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law or b. The CAN SPAM Act of 2003 including any amendment of or addition to such law or c. Any statute ordinance or regulation other than the TCPA or the CAN SPAM Act of 2003 that prohibits or limits the sending transmitting communicating or distribution of material or information. All other terms conditions and exclusions of this policy remain unchanged. ZR0BLL0ZS1S80SLL0002008 G146878 A Ed. 0505 Page 1 of 1 | 2 |
G147133 A Ed. 0104 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF DEFINITIONS This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART SECTION V DEFINITIONS is amended as follows A. The definition property damage is deleted and replaced by the following Property damage means 1. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or 2. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. Wherever they appear in the policy the phrases personal injury and advertising injury are deleted and replaced with the phrase personal and advertising injury. The definitons of personal injury and advertising Injury are deleted and replaced by the following 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 mar material that slanders or libels a pel organization or disparages a persc organization s goods products or servi 5. Oral or written publication in any mant violates a person s right of privacy 6. The use of another s advertising idea advertisement or 7. Infringing upon another s copyright dress or slogan in your advertisement.. The definition of your product is delet replaced by the following Your product 1. means a. Any goods or products other thi property manufactured sold h distributed licensed by or disposec 1 You 2 Others trading under your nam 3 A person or organization business or assets you acquired and b. Containers other than ve materials parts or equipment furni connection with such goods or proc 2. includes a. Warranties or representations m any time with respect to the quality durability performance or your product and b. The providing of or failure to warnings or instructions. 3. does not include vending machines other property rented to or located for of others but not sold or licensed.. The definition Advertisement is added as AAdvartiecameant meane a natire that ie hre 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 that violates a person s right of privacy 6. The use of another s advertising idea in your advertisement or 7. Infringing upon another s copyright trade dress or slogan in your advertisement. The definition of your product is deleted and replaced by the following Your product 1. means a. Any goods or products other than real property manufactured sold handled distributed licensed by or disposed of by 1 You 2 Others trading under your name or 3 A person or organization whose business or assets you have acquired and b. Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. 2. includes a. Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and b. The providing of or failure to provide warnings or instructions. 3. does not include vending machines or any other property rented to or located for the use of others but not sold or licensed. The definition Advertisement is added as follows Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition G147133 A Ed. 0104 Page 10f 2 | 2 |
G147133 A Ed. 0104 Notices that are published include material placed on the Internet or on similar electronic means of communication and Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. 208LL02515805LL0002008 G147133 A Ed. 0104 Page 2 of 2 | 2 |
G147135 A Ed. 0104 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF PROPERTY DAMAGE EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART EXCESS THIRD PARTY LIABILITY POLICY SECTION COVERAGES Exclusion j. paragraph 1 is organization or entity for the deleted and replaced by the following replacernent. enhanc restoration or maintenance property for any reason in prevention of injury to a pel damage to another s property 1 Property you own rent or occupy including any costs or expenses incurred by you or any other 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 G147135 A Ed. 0104 Page 1 of 1 | 2 |
G147157 A31 Ed. 0305 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION SILICA This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART EXCESS THIRD PARTY LIABILITY POLICY The following is added to SECTION COVERAGE 2. Exclusions This insurance does not apply to podily injury arising in whole or in part out of the actual alleged or threatened respiration or ingestion at any time of silica or property damage arising in whole or in part out of the actual alleged or threatened presence of particulate silica. personal and advertising injury arising in whole or in part out of the actual alleged or threatened exposure at any time to or the presence of particulate silica. As used in this endorsement silica means the chemical compound silicon dioxide SiOz in any form including dust which contains silica. All other terms conditions and exclusions of this policy remain unchanged. V208LL02515805LL0002008 G147157 A31 Ed. 0305 Page 1 of 1 | 2 |
G147232 A Ed. 0105 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LOSSES FROM ACTS OF TERRORISM LIMITATION This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART A. The following exclusion is added Except to the extent that coverage is provided by scheduled underlying insurance this insurance does not apply to bodily injury or property damage arising out of any act of terrorism G147232 A Ed. 0105 Page 1 of 1 | 2 |
G15057 A Ed. 1089 CNA COMMERCIAL UMBRELLA PLUS COVERAGE PART Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the Com pany providing this insurance. The word insured means any person or organization qualifying as such under SECTION Il WHO IS AN INSURED. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION V DEFINITIONS. SECTION COVERAGES 1. Insuring Agreement We will pay on behalf of the insured all sums that the insured becomes legally obligated to pay as ultimate net loss because of a. b. c. d. Bodily Injury Property Damage Personal Injury or Advertising Injury caused by an incident which takes place during the policy period and in the policy territory. 2. Exclusions This Insurance does not apply to Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect per sons or property. Advertising injury arising out of 1 Breach of contract other than mis appropriation of advertising ideas under an implied contract 2 The failure of goods products or services to conform with advertised quality or perform ance 3 The wrong description of the price of goods products or services or 4 An offense committed by an insured whose business is advertising broadcasting publish ing or telecasting. Personal injury or advertising injury 1 Arising out of oral or written publication of material if done by or at the direction of the insured with knowledge of its falsity 2 Arising out of oral or written publication of material whose first publication took place before the beginning of the policy period 3 Arising out of the willful violation of a penal statute or ordinance committed by or with the consent of the insured or 4 For which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the in sured would have in the absence of the con tract or agreement. Any obligation of the insured under a 1 workers compensation 2 disability benefits or 3 unemployment compensation law or any similar law. Paragraph 1 of this ex clusion does not apply to liability of others as sumed by the insured under a valid insured con tract which is in force at the time of an injury. Bodily injury to 1 An employee of the insured arising out of and in the course of employment by the insured or 2 The spouse child parent brother or sister of that employee as a consequence of 1 above. This exclusion applies 1 Whether the insured may be liable as an em ployer or in any other capacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to 1 Liability assumed by the insured under an insured contract or S208LL02515805LL0002008 G15057 A Ed. 1089 Page 1of 14 | 0 |
G15057 A Ed. 1089 Al ABNR7A Claims covered by scheduled underlying in surance. Bodily injury property damage or personal injury arising out of the actual alleged or threatened discharge dispersal seepage mi gration release or escape of pollutants a At or from any premises site or location which is or was at any time owned or oc cupied by or rented or loaned to any in sured b At or from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste c Which are or were at any time trans ported handled stored treated disposed of or processed as waste by or for any insured or any person or organization for whom you may be legally responsible or At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indi rectly on any insured s behalf are perform ing operations i if the pollutants are brought on or to the premises site or location in con nection with such operations by such insured contractor or subcontractor or i 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. e that are or that are contained in property that is i being transported or towed by or handled for movement into onto or from a covered automobile i iiii being stored disposed of treated or processed in or upon the covered automobile otherwise in the course of transit f before the pollutants or property in which the pollutants are contained are moved from the place where they are accepted by the insured for movement into or onto the covered automobile or after the pollutants or property in which the pollutants are contained are moved from the covered automobile to the place where they are finally g i delivered ii disposed of or iii abandoned by the insured. Subparagraphs a and di do not apply to bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. As used in this exclusion a hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. Subparagraph 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 me chanical functioning of the covered automo bile or its parts if the pollutants escape or are discharged dispersed or released directly from an automobile part designed by its manufacturer to hold store receive or dis pose of such pollutants. Subparagraphs f and g do not apply if the pollutants or property in which the pollutants are contained are upset overturned or dam aged as a result of the maintenance or use of a covered automobile and the discharge dispersal release or escape of the pollutants is caused directly by such upset overturn or damage. Any loss cost or expense arising out of any a Request demand or order that any in sured or others test for monitor clean up remove contain treat detoxify or neutral ize or in any way respond to or assess the effects of pollutants or b Claim or suit by or on behalf of a govern mental authority for damages because of testing for monitoring cleaning up re moving containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. Pollutants means any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. Bodily injury or property damage arising out of the 1 ownership 2 maintenance 3 useor 4 entrustment to others G15057 A Ed. 1089 Page 2 of 14 | 1 |
G15057 A Ed. 1089 Paragraphs 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard. Property damage to your product arising out of it or any part of it. Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor.. Property damage to impaired property or prop erty that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agree ment in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and acciden tal physical injury to your product or your work after it has been put to its intended use. Damages claimed for any loss cost or expense incurred by you or others for the loss of use with drawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any per son or organization because of a known or sus pected defect deficiency inadequacy or danger ous condition in it. Liability for alleged or actual violations of the Em ployees Retirement Income Security Act of 1974 or any amendments or additions thereto. Liability for a wrongful act error omission or breach of duty by an insured in the performance of the office of director or officer of an organization. Liability imposed on the insured under an unin sured underinsured motorist law a personal injury protection law a reparations benefit law or other similar law. of a watercraft owned or operated by or rented or loaned to an insured. Use includes operation or loading or unloading. This exclusion does not apply to 1 a watercraft while ashore on premises you own or rent 2 awatercraft you do not own that is a less than 26 feet long and b not being used to carry persons or prop erty for a charge or 3 liability assumed under an insured contract for the ownership maintenance or use of watercraft. h. The ownership maintenance operation use loading or unloading of aircraft 1 owned by an insured or 2 chartered without crew by an insured or on an insured s behalf. I Ultimate net loss due to 1 war whether declared or not 2 civil war 3 insurrection 4 rebellion or 5 revolution or to acts or conditions of the foregoing with re spect to liability assumed by an insured under contracts or agreements. j. Property damage to 1 Property you own rent or occupy 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you 4 Personal property in the care custody or con trol of an insured 5 That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or 6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraph 2 of this exclusion does not apply if the premises are your work and were never oc cupied rented or held for rental by you. G15057 A Ed. 1089 9208L402515805LL0002008 Page 3 of 14 | 1 |
r. To any alleged or actual discrimination by you against a past present or prospective employee and to discrimination committed intentionally against a person. s. 1 Bodily Injury property damage personal injury or advertising injury arising out of the actual alleged or threatened exposure at any time to asbestos or 2 Any loss cost or expense that may be awarded or incurred a by reason of a claim or suit for any such injury or damage or b in complying with a governmental direc tion or request to test for monitor clean up remove contain or dispose of asbes tos. As used in this exclusion asbestos means the mineral in any form whether or not the asbestos was at any time 1 airborne as a fiber particle or dust 2 contained in or formed a part of a product structure or other real or personal property 3 carried on clothing 4 inhaled or ingested or 5 transmitted by any other means. SECTION Il WHO IS AN INSURED 1. If you are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. c. An organization other than a partnership or joint venture you are an insured. Your executive offi cers and directors are insureds but only with re spect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. 2. Each of the following is also an insured a. Your employees other than your executive offi cers and directors but only for acts within the scope of their employment by you. However none of these employees is an insured for 1 Bodily injury or personal injury to you or to a co employee while in the course of his or her employment or G15057 A Ed. 1089 G15057 A Ed. 1089 2 Property damage to property owned or oc cupied by or rented or loaned to that em ployee any of your other employees or any of your partners or members if you are a partnership or joint venture. b. Your subsidiary companies in existence at policy inception. c. A person or organization for which you are re quired by virtue of a written contract entered into prior to an incident to provide the insurance that is afforded by this policy. This insurance applies only with respect to operations by you or on your behalf or to facilities you own or use but only to the extent of the limits of liability required by such contract not to exceed the limits of liability in this policy. d. A corporation or organization other than partner ships and joint ventures that you form acquire or gain control of during the policy period but only with respect to incidents taking place after you form acquire or gain control of such corporation or organization. e. Any other persons or organizations included as an insured under the provisions of the scheduled underlying insurance in Item 5. of the Declara tions and then only for the same coverage except for limits of liability afforded under such scheduled underlying insurance. No person or organization is an insured with respect to the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations. If you are designated in the Declarations as an individual this policy shall not apply to liability arising out of your do mestic or non business activities. This does not apply to the ownership maintenance use or loading or unloading of any automobile nor to the Personal Umbrella Liability Coverage Part. SECTION Il LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought c. Persons or organizations making claims or bring ing suits. d. Automobiles aircraft or watercraft to which this policy applies or e. Coverages under which loss is insured in this pol icy. 2. Our aggregate limit of liability will be the amount in Item 3. of the Declarations for ultimate net loss aris Page 4 of 14 only with re or directors. out only with ecutive offi s within the wever none G15057 A Ed. 1089 | 1 |
G15057 A Ed. 1089 ing out of all incidents with respect to the following exposures insured by this policy a. The Products Completed Operations Hazard b. Occupational disease sustained by all employees of an insured or c. A hazard other than in a. or b. above for which an underlying insurer affords coverage subject to an aggregate limit and to which this policy applies. This aggregate limit of liability applies separately to a. through c. above. We shall only be liable for the ultimate net loss in excess of a. The applicable limits of scheduled underlying in surance in Item 5. of the Declarations for incidents covered by scheduled underlying in surance plus the limits of any unscheduled un derlying insurance which also provides coverage for such incidents b. The unscheduled underlying insurance or the retained limit whichever is greater for inci dents covered by unscheduled underlying insur ance and by this policy only or c. The retained limit for incidents covered by this policy only but only up to the amount of our limits of liability in Item 3. of the Declarations because of a single incident. In the event of reduction or exhaustion of the aggre gate limits of liability under scheduled underlying in surance solely by reason of payments of a combina tion of covered a. expenses b. settlements or c. judgments paid thereunder as a result of incidents taking place during this policy period which would except for the amount thereof be covered under this policy this policy shall subject to this limit of liability provision and to the remaining terms and provisions and condi tions of this policy a. apply in excess of such reduction of scheduled underlying insurance or b. apply in place of the exhausted amount of scheduled underlying insurance. Nothing in a. or b. above shall serve to increase the limits of liability in Item 3. of the Declarations. The limits of this policy shall apply separately to a. each consecutive annual period and b. remaining periods of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is ex tended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for pur poses of determining the limits of liability. SECTION IV CONDITIONS 1. Financial Impairment Bankruptcy rehabilitation receivership liquidation or other financial impairment of you or an underlying in surer shall neither relieve nor increase any of our ob ligations under this policy. In the event there is diminished recovery or no recov ery available to you as a result of such financial im pairment of an insurer providing scheduled underlying insurance the coverage under this policy shall apply only in excess of the limits of liability stated in the scheduled underlying insurance. Under no circum stances shall we be required to drop down and replace the limits of liability or assume the obligations of a fi nancially impaired insurer. 2. Duties of the Insured a. In the Event of an Occurrence or Offense Which Has Not Resulted in a Claim or Suit Whenever you have information of an occurrence or offense which involves injuries or damages likely to involve this policy written notice shall be given by or for you to us or to our authorized agent as soon as practicable. The notice shall contain 1 Particular information sufficient to identify the insured 2 Such information as can be reasonably ob tained with respect to time place and cir cumstances of the occurrence or offense and 3 Names and addresses of the insured and of available witnesses. b. In the Event of Claims or Suit Immediate written notice shall be given by you to us whenever 1 A claim is made or suit is brought against you 2 You receive notice that a right to bring claim or suit against you will be asserted or 3 You obtain information that the obligation of underlying insurers to a investigate b defend 20BLL02515805LL0002008 G15057 A Ed. 1089 Page 5 of 14 | 1 |
c pay on behalf of or d indemnify you has ceased. Every demand notice summons amended com plaint or other process received by you or your representative shall be forwarded with each no tice. 3. Legal Action Against Us No legal action shall be brought against us unless you have fully complied with all the terms of this policy and the amount of your obligation to pay has been finally determined either by a. Judgment against you after actual trial or b. Written agreement between us you and the claimant. 4. Other Insurance Whenever you are covered by other a. primary b. excessor c. excess contingent insurance not scheduled on this policy as scheduled underlying insurance this policy shall apply only in excess of and will not con tribute with such other in surance. This policy shall not be subject to terms conditions or limitations of other insurance. In the event of payment under this policy where you are cov ered by such other insurance we shall be subrogated to all of your rights of recovery against such other in surance and you shall execute and deliver instruments and papers including assignment of rights and do what is necessary to secure such rights. 5. Premium Audit a. Premiums for this policy shall be stated in the Declarations and computed in accordance with our manual rules. If this policy is issued for a pe riod in excess of one year the premium may be revised on each annual anniversary in accordance with our manual rules in effect during that time. b. Premium shown on the Declarations page as ad vance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period. Audit premiums are due and payable on notice to you. If the sum of the advance and audit premiums paid for the policy term are greater than the earned premium we will return the excess to you. c. You must keep records of the information we need for premium computation and send us copies at such times as we request. G15057 A Ed. 1089 G15057 A Ed. 1089 d. We may audit your books and records during the term of this policy and up to three years after wards. 6. Cancellation a. The first Named Insured shown in the Declara tions may cancel this policy by mailing or deliver ing to us advance written notice of cancellation. b. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancel lation at least 1 10 days before the effective date of cancella tion if we cancel for nonpayment of premium or 2 30 days before the effective date of cancella tion if we cancel for any other reason. c. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. d. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. e. If this policy is canceled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. f. If notice is mailed proof of mailing will be suffi cient proof of notice. 7. Severability of Interests The insurance afforded applies separately to each in sured against whom claim is made or suit is brought. However the inclusion of more than one insured shall not operate to increase the limits of liability. 8. Assignment Your rights and duties under this insurance may not be transferred without our written consent except if you die then your rights and duties will be transferred to a. your legal representative but only while acting within the scope of their duties as such or b. anyone having temporary custody of your property until your legal representative has been appointed. 9. Changes This policy may be changed only by an endorsement issued by us to form a part of this policy signed by our duly authorized representative. Notice to you or to our agent or knowledge possessed by us our agent or any other person shall not effect a waiver or a change in any part of this policy nor prevent us from asserting any right under the terms of this policy. Page 6 of 14 and TOULE sultiiiviie alliviivyed vwiti ther process received by you or your tive shall be forwarded with each no gainst Us shall be brought against us unless you lied with all the terms of this policy and your obligation to pay has been finally er by against you after actual trial or Jreement between us you and the ce are covered by other tingent scheduled on this policy as scheduled rrance this policy shall apply only in will not con tribute with such other in policy shall not be subject to terms limitations of other insurance. In the nt under this policy where you are cov ding assignment of rights and do to secure such rights. G15057 A Ed. 1089 | 1 |
10. Scheduled Underlying Insurance Material change in premium for scheduled underlying insurance shall be promptly reported to us. Premium for this policy may be adjusted to reflect changes in underlying insurance in accordance with our manuals in effect at the time of the change. 11. Maintenance of Scheduled Underlying Insurance While this policy is in force you agree that the policies listed in the Declarations as scheduled underlying in surance and their renewals and replacements shall be maintained without alterations of terms or conditions in full effect during the term of this policy except for reduction or exhaustion of the aggregate limits of li ability in the scheduled underlying insurance pro vided that such reduction or exhaustion is solely the result of incidents taking place during this policy pe riod and not before. If you fail to maintain scheduled underlying insurance this condition shall not invali date this policy. However in the event of such failure we will only be liable to the same extent as if you had complied with this condition. 12. Inspection We have the right but are not obligated to a. Make inspections and surveys at any time b. Give you reports on the conditions we find and c. Recommend changes. Inspections surveys reports or recommendations re late only to insurability and the premiums charged. We do not make safety inspections. We do not undertake to perform the duty of persons or organizations to pro vide for the health or safety of workers or the public. We do not warrant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or stan dards. This condition applies not only to us but to rating ad visory rate service or similar organizations which make inspections surveys reports or recommenda tions. 13. Appeals If you or your underlying insurers elect not to appeal a judgment in excess of the limits of liability afforded by the a. scheduled underlying insurance b. unscheduled underlying insurance or c. retained limit we may elect to appeal. Our limit of liability shall not be increased because of such appeal. We will how ever pay the following costs and expenses G15057 A Ed. 1089 G15057 A Ed. 1089 a. All premium bonds to release attachments for an amount not in excess of the applicable limit of li ability of this policy b. All premiums on appeal bonds required in such defended suit but without obligation to apply for or furnish such bonds Court fees Costs and expenses taxed against you by the ap pellate court and interest accruing after entry of a judgment against you and before we have 1 paid 2 offered to pay or 3 deposited in court the part of the judgment that is within the applica ble limit of insurance. Where the underlying in surers terminate their liability to pay interest on the judgment by an offer to pay their limits you shall demand that such limits be paid. If the ap peal is successful such amounts not obligated to be paid shall be returned to such underlying in surer. 14. Subrogation In the case of any payments by us under the cover ages of this policy we shall be subrogated to all rights of recovery against any other party which you may have and will cooperate with you and all other inter ests. Amounts recovered shall be apportioned in the following order a. Amounts paid in excess of the payments under this policy shall first be reimbursed up to the amount paid by those including you who made such payments b. We are then to be reimbursed up to the amount we paid. Any remainder shall be available to the interests of those over whom this coverage is in excess and who are entitled to claim such remainder. Expenses necessary to the recovery of such amounts shall be divided between the interests concerned in cluding you in the ratio of their respective recoveries as finally settled. 15. Settlement of Claims or Suit We may pay but are not obligated to pay any part or all of the amount of the retained limit to effect settle ment of a claim or suit. Upon notification of the action taken you shall promptly reimburse us for such part of the retained limit that we had paid. All Named In sureds are jointly and severally responsible for our reimbursement and agree to make such reimburse ment within 30 days after we give you written notice or demand for payment. Page 7 of 14 8208LL02515805LL0002008 Page 7 of 14 | 1 |
G15057 A Ed. 1089 16. Sole Agent The insured first named in the Declarations is author ized to act on behalf of all Named Insureds and other insureds with respect to a. the giving and receiving of notice of cancellation and b. receiving return premium that may be payable un der this policy. The insured first named in the Declarations is respon sible for the payment of premiums but the other Named Insureds jointly and severally agree to make such payments in full if the insured first named fails to pay the amount due within 30 days after we give writ ten notice or demand. SECTION V DEFINITIONS 1. Advertising injury means injury arising out of one or more of the following offenses a. Oral or written publication of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services b. Oral or written publication of material that violates a person s right of privacy c. Misappropriation of advertising ideas or style of doing business or d. Infringement of copyright title or slogan. 2. Automobile means a land motor vehicle trailer or semitrailer designed for travel on public roads includ ing any attached machinery or equipment. But automobile does not include mobile equipment. 3. Bodily injury means bodily injury sickness or dis ease mental injury or mental anguish sustained by a person including death resulting from any of these. 4. Aircraft means a vehicle designed to transport per sons or property in the air. 5. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. ltincorporates your product or your work that is known or thought to be defective deficient inade quate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by a. The repair replacement adjustment or removal of your product or your work or b. Your fulfilling the terms of the contract or agree ment. Insured contract means a. Alease of premises b. A sidetrack agreement c. An easement of license agreement except in connection with construction or demolition opera tions on or within 50 feet of a railroad d. Anindemnification of a municipality as required by ordinance except in connection with work for a municipality e. An elevator maintenance agreement or f. The part of other contracts or agreements pertain ing to your business including an indemnification of a municipality in connection with work per formed for a municipality under which you as sume the tort liability to pay damages because of bodily injury or property damage to a third per son or organization if the contracts or agreements are made prior to the bodily injury or property damage. Tort liability means liability that would be imposed by law in the absence of contracts or agreements. An insured contract does not include that part of a contract or agreement a. That indemnifies an architect engineer or sur veyor for an injury or damages arising out of 1 preparing approving or failing to prepare or approve a maps b c opinions drawings d reports e surveys f change orders g h 2 giving directions or instructions or failing to give them if that is the primary cause of the injury or damage designs or specifications or b. Under which the insured if an architect engineer or surveyor assumes liability for injury or damage arising out of the insured s rendering or failure to render professional services including those listed in a.1 above and supervisory inspection or engi neering services or c. That indemnifies a person or organization for damage by fire to premises rented or loaned to an insured. G15057 A Ed. 1089 Page 8 of 14 | 1 |
7. Loading or unloading means the handling of prop erty After it is moved from the place where it is ac cepted for movement into or onto an aircraft watercraft or automobile While it is in or on an aircraft watercraft or automobile or While it is being moved from an aircraft watercraft or automobile to the place where it is finally delivered but loading or unloading does not include the move ment of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or automobile. 8. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads Vehicles maintained for use solely on or next to premises you own or rent Vehicles that travel on crawler treads Vehicles whether self propelled or not main tained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers Vehicles not described in a b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators in cluding spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers Vehicles not described in a. b.. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered automobiles 1 Equipment designed primarily for a Snow removal G15057 A Ed. 1089 G15057 A Ed. 1089 b Road maintenance but not construction or resurfacing c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators in cluding spraying welding building cleaning geophysical exploration lighting and well servicing equipment. Incident a. With respect to claims which are covered in whole or in part by the immediate scheduled un derlying insurance policy whether or not the lim its thereof become reduced or exhausted incident means either an occurrence or offense depending upon which term triggers coverage in your immediate scheduled underlying insurance policy. 1 The trigger of coverage with respect to bodily injury and property damage is an occurrence. When coverage is triggered by an occurrence then incident means an acci dent including continuous or repeated expo sure to substantially the same general harmful conditions that take place during this policy period. 2 The trigger of coverage with respect to personal injury and advertising injury is an offense. a For personal injury when coverage is triggered by an offense then incident means an act or series of acts of the same or similar nature committed during this policy period. All loss arising out of such act or series of acts regardless of the frequency thereof or the number of claimants shall be deemed to arise out of one offense. b For advertising injury when coverage is triggered by an offense then incident means an act or series of acts in which the same or similar advertising material is used regardless of the number or kind of media used committed during this policy period. All damages involving the same injurious material or act regardless of the i frequency or repetition thereof i number or kind of media used or iii number of claimants shall be deemed to arise out of one of fense. Page 9 of 14 6208LL02515805.L0002008 Page 9 of 14 | 1 |
b. With respect to claims which are covered by this policy but which are not covered by the immedi ate scheduled underlying insurance incident means either an occurrence or offense. 10. Personal Injury means injury other than bodily injury arising out of one or more of the following of fenses a. False arrest detention or imprisonment b. Malicious prosecution c. Wrongful eviction from wrongful entry into or the invasion of the right of private occupancy of a room dwelling or premise that a person occupies by or on behalf of its owner landlord or lessor d. discrimination unless such insurance is prohibited by law e. humiliation f. libel g. slander or defamation of character or h. invasion of rights of privacy all of which are committed in the conduct of an in sured s business except for coverage that is afforded under Advertising Injury. 11. a. Product completed operations hazard in cludes bodily injury and property damage oc curring away from premises an insured owns or rents and arising out of your product or your work except 1 Products in your physical possession or 2 Work not yet completed or abandoned. b. Your work will be deemed completed at the ear liest of the following 1 When all work called for in the insured con tract has been completed 3 When all of the work to be done at the site has been completed if the insured s contract calls for work at more than one site or When that part of the work done at a job site has been put to its intended use by a person or organization other than another contractor or subcontractor working on the same project. Work that may need a service b maintenance c correction d repair or e replacement G15057 A Ed. 1089 but which is otherwise complete will be treated as completed. c. This hazard does not include bodily injury or property damage arising out of 1 The transportation of property unless the in jury or damage arises out of a condition in or on a vehicle created by the loading or unload ing of it or 2 The existence of a tools b uninstalled equipment or c abandoned or unused materials. 2. Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physi cally injured. All such loss shall be deemed to oc cur at the time of the occurrence that caused it. 13. Suit means a civil proceeding in which damages because of a. bodily injury b. property damage c. personal injury or d. advertising injury to which this insurance applies are alleged. Suit in cludes a. An arbitration proceeding alleging such damages to which you must submit with our consent or b. Any other alternative dispute resolution proceed ing in which such damages are claimed and to which you submit with our consent. 14. Your product means a. Any goods or products other than real property manufactured sold handled distributed or dis posed of by 1 You 2 Others trading under your name or 3 A person or organization whose business or assets you have acquired and b. Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. tion or defamation of character or 1 of rights of privacy ear con G15057 A Ed. 1089 Page 10 of 14 | 1 |
Your product includes warranties or representations made with respect to the fitness quality durability performance or use of your product and 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. 15. Your work means a. Work or operations performed by you or on your behalf and b. Materials parts or equipment furnished in connec tion with such work or operations. Your work includes warranties or representations made with respect to the fitness quality durability performance or use of your work and the providing of or failure to provide warnings or instructions. 16. Retained limit means the amount stated in Item 4. of the Declarations. 17. Scheduled underlying insurance means the insur ance policies listed in the Schedule of Underlying In surance including renewal or replacement of such contracts which are not more restrictive than those listed in the aforementioned Schedule of Underlying Insurance. 18. Ultimate net loss a. Ultimate net loss means the actual damages the insured is legally obligated to pay either through 1 final adjudication on the merits or 2 through compromise settlement with our writ ten consent or direction because of incidents covered by this policy. However it includes the above mentioned sums only after deducting all other recoveries and sal vages. b. Ultimate net loss does not include the following 1 costs or expenses related to a b c adjustment or It nor costs or expenses incident to the same which an underlying insurer has paid in curred or is obligated to pay to or on behalf of the insured litigation settlement appeals 2 pre judgment interest 3 office costs and expenses and salaries and expenses of the employees of an insured G15057 A Ed. 1089 G15057 A Ed. 1089 4 our office costs and expenses and salaries of our employees or 5 general retainer andor monitoring fees of counsel retained by the insured. 19. Underlying insurer means an insurer whose policy covers an incident also covered by this policy but does not include insurers whose policies were pur chased specifically to be in excess of this policy. It in cludes all insurers providing a unscheduled underlying insurance and b. scheduled underlying insurance. 20. Unscheduled underlying insurance a. Unscheduled underlying insurance means insur ance policies available to an insured whether 1 primary 2 excess 3 excess contingent or 4 otherwise except the policies listed in the Schedule of Under lying Insurance. b. Unscheduled underlying insurance does not in clude insurance purchased specifically to be ex cess of this policy. 21. Watercraft means a vehicle designed to transport persons or property in or on water. SECTION VI DEFENSE PAYMENT AND RELATED DUTIES 1. If a claim or suit alleges damages covered by under lying policies and the obligation of all underlying in surers either to a. investigate and defend the insured or b. pay the cost of such investigation and defense ceases solely through exhaustion of all underlying lim its of liability through payment of a combination of covered expenses settlements or judgments for incidents taking place during our policy period then we will either a. assume the investigation and defense of the in sured against suits seeking damages or b. if we elect not to assume the investigation and defense in 1.a. above we will reimburse the in sured for reasonable defense costs and expenses incurred with our written consent. However such reimbursement excludes 1 office expenses of the insured 2 salaries and expenses of employees and Page 11 of 14 performed by you or on your ranaiitive M Tl e a et the fitness quality durability your work and the providing of rings or instructions. 1s the amount stated in Item 4. g insurance means the insur the Schedule of Underlying In ewal or replacement of such ot more restrictive than those tioned Schedule of Underlying 0E08L4025158050002008 Page 11 of 14 | 1 |
G15057 A Ed. 1089 3 general retainer fees of counsel retained by the insured. We will investigate and defend suits brought against an insured for a claim or suit that alleges damages from an incident not covered under a. scheduled underlying insurance and b. unscheduled underlying insurance but which seeks damages arising out of an incident otherwise covered under this policy. Costs and ex panses of such investigation and defense are not subject to the retained limit. We will investigate and defend an insured or reim burse an insured for such costs of investigation and defense described in either 1. or 2. above even if the allegations of a suit are a. groundless b. false or c. fraudulent but only until we make payment or offer to pay or de posit in court that part of judgments not exceeding our limit of liability. We shall also have the sole right to make settiement of a suit as we deem expedient. If not permitted by law or otherwise to perform these duties we will pay an insured for defense costs and expenses incurred with our prior written consent. Amounts we pay or incur pursuant to the obligation to defend or pay the costs and expenses of defense are in addition to and not subject to the limits of liability stated in the Declarations. In addition to our limits of liability we will pay prejudg ment interest awarded against an insured on that part of a judgment covered by this policy. We will not pay prejudgment interest on that period of time after we offer to pay a. our limit of liability or b. that portion of our limit of liability which equals the amount of a settlement demand when combined with the limits of underlying insurers. We will pay interest on a judgment that accrues after entry of that judgment but before we have a. paid b. offered to pay or c. deposited in court that part of the judgment that is within the limit of in surance of this policy. The amount of interest we pay will be in direct proportion that amount we pay as damages bears to the total amount of judgment. We will not pay additional interest that accrues after we have a. paid b. offered to pay c. deposited in court that part of the judgment that is within the limit of in surance of this policy. 9. We will pay all reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit. This includes actual loss of earnings up to 100 a day because of time off from work. SECTION VIl POLICY TERRITORY Policy Territory means anywhere in the world provided such liability is covered by valid and collectible Underlying Insurance as listed in the Schedule of Underlying Insur ance for the full limit shown therein and then only for such liability for which coverage is afforded under said Underly ing Insurance. With respect to claims made or suits instituted in courts elsewhere than within 1. the United States of America including its territories and possessions 2. Puerto Rico or 3. Canada we shall have the right but not the duty to defend such suits and to make such 1. investigation 2. negotiation and 3. settlement of such claims or suits as we deem expedient provided in cases in which we elect not to investigate settle or defend you under our supervision will make or cause to be made such investigation and defense as may be reasonably necessary and subject to prior authorization by us will effect to deem prudent. We shall reimburse you for the reasonable cost of such 1. investigation 2. settlement or 3. defense in the currency of the United States at the rate of exchange prevailing on the date of payment. to pay or d in court G15057 A Ed. 1089 Page 12 of 14 | 1 |
G15057 A Ed. 1089 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT BROAD FORM Itis agreed that This policy does not apply A. Under Liability Coverage to ultimate net loss 1. With respect to which you under this policy are also an insured under a nuclear energy li ability policy issued by the a. Nuclear Energy Liability Insurance Asso ciation b. Mutual Atomic Energy Liability Underwrit ers or. Nuclear Insurance Association of Can ada or would be an insured under such policy but for its termination upon exhaustion of its limit of liability or 2. Resulting from the hazardous properties of nuclear material and with respect to which a. a person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or a law or amendment thereof or b. the insured is or had this policy not been issued would be entited to indemnity from the United States of America or an agency thereof under an agreement en tered into by the United States of Amer ica or any agency thereof with a person or organization. B. Under any Medical Payment Coverage or under any Supplementary Payments provision relating to first aid to expenses incurred with respect to ultimate net loss resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any per son or organization. Under any Liability Coverage to ultimate net loss resulting from the hazardous properties of nuclear material if 1. The nuclear material a. is at a nuclear facility owned by or op erated by or on behalf of an insured or b. has been discharged or dispersed there from 2. The nuclear material is contained in spent fuel or waste at any time possessed han G15057 A Ed. 1089 dled used processed stored transported or disposed of by or on behalf of an insured or 3. The loss arises out of the furnishing by an i sured of services materials parts or equip ment in connection with the a. planning b. construction. maintenance d. operation or use of a nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this exclusion C.3. applies only to ultimate net loss to such nuclear facility and any prop erty threat. Il As used in this endorsement A Hazardous properties include radioactive toxic or explosive properties. Nuclear material means source material special nuclear material or byproduct material. Source material special nuclear material and byproduct material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means a fuel element or fuel compo nent solid or liquid which has been used or ex posed to radiation in a nuclear reactor. Waste means waste material 1. containing byproduct material other than the tailings or waste produced by the extraction or concentration of uranium or thorium from ore processed primarily for its source material content and 2. resulting from the operation by a person or organization of a nuclear facility included within paragraphs 1. and 2. of the definition of nuclear facility. Nuclear facility means 1. anuclear reactor 2. any equipment or device designed or used for a. separating the isotopes of uranium or plutonium Page 13 of 14 108L40251S80SLL000200S Page 13 of 14 | 1 |
G15057 A Ed. 1089 4. any structure basin excavation premises or place prepared or used for the storage or dis posal of waste and includes the site on which any of the forego ing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means an apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fis sionable material. Ultimate net loss includes all forms of radioactive contamination of property. b. processing or utilizing spent fuel or c. handling processing or packaging waste any equipment or device used for the process ing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment is lo cated consists of or contains more than a. 25 grams of plutonium or uranium 233 or any combination thereof or b. 250 grams of uranium 235 G15057 A Ed. 1089 Page 14 of 14 | 1 |
G16197 B Ed. 0792 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDATORY ENDORSEMENT NEW YORK a 30 days before the effective date of can cellation if we cancel for any reason not included in paragraph b below. b 15 days before the effective date of can cellation if we cancel for any of the follow ing reasons 0 ii Nonpayment of premium Conviction of a crime arising out of acts increasing the hazard insured against Discovery of fraud or material misrep resentation in the obtaining of the policy or in the presentation of a claim thereunder iv After issuance of the policy or after V the last renewal date discovery of an act or omission or a violation of any policy condition that substantially and materially increases the hazard insured against and which occurred subsequent to inception of the current policy period Material physical change in the prop erty insured occurring after issuance or last annual renewal anniversary date of the policy that results in the property becoming uninsurable in ac cordance with our objective uni formly applied underwriting standards in effect at the time the policy was is sued or last renewed or material change in the nature or extent of the risk occurring after issuance or last annual renewal anniversary date of the policy that causes the risk of loss to be substantially and materially in creased beyond that contemplated at the time the policy was issued or last renewed vi Required pursuant to a determination by the Superintendent that continua tion of our present premium volume would jeopardize our solvency or be hazardous to the interest of our poli cyholders our creditors or the public vii A determination by the Superinten dent that the continuation of the pol icy would violate or would place us in Page 10f 3 For policies issued or delivered in New York the policy terms and conditions are amended by the following I. Exclusion q. SECTION I is replaced by the following q. Liability imposed on the insured under a personal injury protection law a reparations benefits law or other similar law. IIl. Condition 2. Section IV is amended by the addition of the following 2. c. Notice given by or on behalf of the insured or written notice by or on behalf of the injured person or any other claimant to any agent of ours in New York State with particulars suffi cient to identify the insured shall be consid ered notice to us. Failure to give such notice shall not invalidate any claim made by the in sured or by any other claimant if it was not reasonably possible to give such notice and that notice was given as soon as was rea sonably possible. lll. Condition 3. SECTION IV is replaced by the follow ing 3. Legal Action Against Us No legal action shall be brought against us unless you have fully complied with all the terms of this policy and the amount of your obligation to pay has been finally determined either by a. Judgment against you b. Written agreement between us you and the claimant or c. Judgment against you remains unsatisfied at the expiration of 30 days from the serving of notice of entry of judgment upon you your attorney or us. IV. Condition 5.d. SECTION IV is replaced by the follow ing 5. d. We shall audit your books and records within 180 days after the expiration of this policy. V. Paragraphs b. c. and e. of Condition 6. Cancellation SECTION 1V are replaced by the following b. 1 Cancellation For Policies In Effect 60 Days or Less We may cancel this policy by mailing or deliv ering to the first Named Insured written notice of cancellation at least G16197 B Ed. 0792 2E08LL025158051L0002008 | 2 |
G16197 B Ed. 0792 violation of any provision of the In surance Code or Where we have reason to believe in good faith and sufficient cause that there is a probable risk of danger that the insured will destroy or permit to be destroyed the insured property for the purpose of collecting the insur ance proceeds. 2 Cancellation Of Policies In Effect For More Than 60 Days If this policy has been in effect for more than 60 days or if this policy is a renewal or con tinuation of a policy we issued we may cancel this policy only for any of the reasons listed in paragraph 1b above provided we mail the first Named Insured written notice of cancella tion at least 15 days before the effective date of cancellation. c. We will mail or deliver our notice including the reason for cancellation to the first Named Insured at the address shown in the policy and the authorized agent or broker. e. If this policy is canceled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. However when the premium is advanced under a premium finance agreement we will be entitied to retain minimum earned premium of 10 of the total policy premium or 60 whichever is greater. The cancellation will be effective even if we have not made or offered a refund. VL. The following Conditions SECTION IV are added and supersedes any other provisions to the Contrary 1. Nonrenewal If we decide not to renew this policy we will send notice as provided in paragraph 3. below along with the reason for nonrenewal. 2. Conditional Renewal If we conditionally renew this policy subject to a a. Change of limits Change in type of coverage Reduction of coverage Increased deductible Addition of exclusion or 0o ooy Increased premiums in excess of 10 exclu sive of any premium increase due to and commensurate with insured value added or increased exposure units or as a result of ex G16197 B Ed. 0792 perience rating loss rating retrospective rat ing or audit we will send notice as provided in paragraph 3. below. Notices of Nonrenewal and Conditional Re newal a. If we decide not to renew this policy or to conditionally renew this policy as provided in paragraph 1. and 2. above we will mail or de liver written notice to the first Named Insured shown in the Declarations at least 60 but not more than 120 days before 1 the expiration date or 2 the anniversary date if this is a continu ous policy. b. Notice will be mailed or delivered to the First Named Insured at the address shown in the policy and the authorized agent or broker. If notice is mailed proof of mailing will be suffi cient proof of notice. c. We will not send you notice of nonrenewal or conditional renewal if you your authorized agent or broker or another insured of yours mails or delivers notice that the policy has been replaced or no longer desired. If we send the first Named Insured an incomplete or late conditional renewal notice or a late nonre newal notice as provided for in paragraph 3. above coverage will remain in effect at the same terms and conditions of this policy and at the lower of the current rates or the prior period s rates until 60 days after such notice is mailed or delivered unless the first Named Insured has re placed the coverage or elects to cancel in which case such cancellation shall be on a pro rata premium basis. If however the insured elects to renew on the basis of the conditional renewal no tice then such terms conditions and rates shall govern the policy upon expiration of such 60 day period unless such notice was provided at least 30 days prior to the expiration date of the policy in which case the terms conditions and rates set forth in the conditional renewal notice shall apply as of the renewal date. If we send the first Named Insured a late condi tional renewal notice or a late nonrenewal notice on or after the expiration date of the policy cover age shall remain in effect on the same terms and conditions of this policy for another policy period and at the lower of the current rates or the prior period s rates unless the insured during the addi tional policy period has replaced the coverage or elects to cancel in which case such cancellation shall be on a pro rata premium basis. Page 20f 3 | 2 |
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