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G16197 B Ed. 0792 50020007750851520778033 5. 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 4. above. VII. The last sentence of SECTION Hll LIMITS OF IN SURANCE 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. VIIl. Paragraph 2.b. of SECTION IV CONDITIONS is deleted and replaced by the following 2. b. Inthe Event of the Claims or Suit 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 as serted or 3 You obtain information that the obligation of underlying insurers to a investigate b defend c pay on behalf of or d indemnify you has ceased. Every demand notice summons amended complaint or other process received by you or your representative shall be forwarded with each notice. IX. Paragraph d. of Definition 10. Personal injury SECTION V is deleted and not replaced. X. Definition 7. Loading and unloading SECTION V does not apply nor does any reference to it apply. XI. Paragraph 1. of SECTION VI DEFENSE PAYMENT AND RELATED DUTIES is replaced by the following Xi. 1. If a claim or suit alleges damages covered by underlying policies and the obligation of all underlying insurers either to a. investigate and defend the insured or b. pay the cost of such investigation and de fense ceases solely through exhaustion of all underlying limits of liability through payment of a combination of covered expenses settlements or judgments for incidents taking place during our policy period then we shall assume the investigation and de fense of the insured against suits seeking dam ages. If we are not permitted by law or otherwise to assume the investigation and defense in 1.a. above we will reimburse the insured for reason able defense costs and expenses incurred with our written consent. However such reimburse ment excludes 1 office expenses of the insured 2 salaries and expenses of employees and 3 general retainer fees of counsel retained by the insured. Paragraph 4. of SECTION VI DEFENSE PAYMENT AND RELATED DUTIES is amended by the addition of the following With regard to claims or suits covered by unscheduled underlying insurance or covered by this policy only we shall with your consent have the right to make settlement. However if you refuse to consent to any settlement mutually agreed upon by us and the plaintiff recommended in writing by us and you elect to contest or continue any legal proceedings our li ability shall not exceed the amount for which the claim or suit could have been settled plus the cost and ex penses incurred up to the date of such refusal. G16197 B Ed. 0792 Page 30f 3 | 2 |
G16375 E Ed. 0104 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR LIMITATION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART I. The following paragraphs are added to SECTION COVERAGES 2. Exclusions This insurance does not apply 1. to bodily injury property damage or personal and advertising injury arising out of the rendering of or failure to render any professional services by or on behalf of any insured 2. to bodily injury property damage or personal and advertising injury arising out of any operation performed by or on behalf of any insured which is or was insured under an Owner Controlled Insurance Program O.C.L.P. or Contractor Controlled Insurance Program C.C.L.P. otherwise referred to as a wrap up 3. to bodily injury property damage or personal and advertising injury arising out of the design manufacture construction fabrication preparation installation application maintenance or repair including remodeling service correction or replacement of an exterior insulation and finishing system EIFS or any part thereof or any substantially similar system or any part thereof by or on behalf of any insured 4. to property damage arising out of the explosion hazard the collapse hazard or the underground property damage hazard 5. to bodily injury property damage or personal and advertising injury arising out of the subsidence of land 6. to bodily injury property damage or personal and advertising injury arising out of your work on any residential structure. Paragraphs 3. 4. 5. and 6. of this exclusion do not apply if such bodily injury property damage or personal injury and advertising injury is covered by scheduled underlying insurance. IIl. The following definitions are added to SECTION V DEFINITIONS Collapse hazard includes structural property damage and any resulting property damage to any other property at any time. Explosion hazard includes property damage arising out of blasting or explosion. The explosion hazard does not include property damage arising out of the explosion of air or steam vessels piping under G16375 E Ed. 0104 pressure prime movers machinery or transmitting equipment. Exterior insulation and finishing system means an exterior wall cladding system consi an insulation material attached to a substrate coat on the surface of the insulation material protective finish applied to the base coat a accessories thereto including but not lim conditioners primers accessories flashings cc caulking or sealants. Professional services means the pre approving or failing to prepare or approve shop drawings opinions reports surveys field change orders or drawings and specificati supervisory or inspection activities performed of any architectural engineering or su activities. Professional services do not services within construction means m techniques sequences and procedures emplo you in connection with your operations in your as a construction contractor. Residential structure means a structure whe or more of the square footage area is used or ir to be used for human habitation. Structural property damage means the collaps structural injury to any building or structure due 1. Grading of land excavating borrowing back filling tunneling pile driving cofferda or caisson work or 2. Moving shoring underpinning raisi demolition of any building or structure or r or rebuilding of any structural support building or structure. Subsidence means earth movement including limited to a. Landslide Mudflow Earth sinking Earth rising Collapse or movement of fill 9 a0 0 Earth settling slipping falling away ca eroding or tilting Earthquake or h. Any other movement of land or earth. Pag pressure prime movers machinery or power transmitting equipment. Exterior insulation and finishing system EIFS means an exterior wall cladding system consisting of an insulation material attached to a substrate a base coat on the surface of the insulation material and a protective finish applied to the base coat and any accessories thereto including but not limited to conditioners primers accessories flashings coatings caulking or sealants. Professional services means the preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or supervisory or inspection activities performed as part of any architectural engineering or surveying activities. Professional services do not include services within construction means methods techniques sequences and procedures employed by you in connection with your operations in your capacity as a construction contractor. Residential structure means a structure where 30 or more of the square footage area is used or intended to be used for human habitation. Structural property damage means the collapse of or structural injury to any building or structure due to 1. Grading of land excavating borrowing filling back filling tunneling pile driving cofferdam work or caisson work or 2. Moving shoring underpinning raising or demolition of any building or structure or removal or rebuilding of any structural support of that building or structure. Subsidence means earth movement including but not limited to a. Landslide Mudflow Earth sinking Earth rising Collapse or movement of fill 9 a0 0 Earth settling slipping falling away caving in eroding or tilting Earthquake or h. Any other movement of land or earth. Page 10f 2 | 2 |
G16375 E Ed. 0104 Underground property damage hazard includes underground property damage and any resulting property damage to any other property at any time. Underground property damage means property damage to wires conduits pipes mains sewers tanks tunnels any similar property or any apparatus used with them beneath the surface of the ground or water caused by and occurring during the use of mechanical equipment for the purpose of grading land paving excavating drilling borrowing filling back filling or pile driving. VE0BLL0ZS1S805LL0002008 G16375 E Ed. 0104 Page 2 of 2 | 2 |
G16663 A Ed. 1091 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW YORK CHANGES TRANSFER OF DUTIES WHEN THE LIMIT OF INSURANCE IS USED UP For policies issued or delivered in New York the policy terms and conditions are amended by the following The following Condition is added to Section IV. CONDI TIONS Transfer of Duties When the 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 aggregate limit of liability insurance as stated in Item 3. of the Declara tions is likely to be used up in the payment of judg ments or settlements we will notify the first Named In sured in writing to that effect. b. When the aggregate limit of liability insurance as stated in Item 3. of the Declarations has actually been used up in the payment of judgments or settlements 1 We will notify the first Named Insured in writing as soon as practicable that a Such limit has actually been used up and b Our duty to defend suits seeking damages subject to that limit has also ended. 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 the limit of liability insurance and which are re ported to us before that limit is used up. The in sured must cooperate in the transfer of control of said claims or suits. We agree to take such steps as we deem appro priate to avoid a default in or continue the de fense of such suits until such transfer is com pleted provided the appropriate insured is coop erating 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 the limit had it not been used up if the claim or suit is reported to us after that limit of liability has been used up. The first Named Insured and any other insured involved in a suit seeking damages subject to the limit must arrange for the defense of such suit within such time period as agreed to be tween the appropriate insured and us. Absent any such agreement arrangements for the defense of such suit must be made as soon as practicable. The first Named Insured will reimburse us for ex penses we incur in taking those steps we deem ap propriate in accordance with paragraph b.2 above. The duty of the first Named Insured to reimburse us will begin on 1 The date on which the aggregate limit of liability insurance is used up if we sent notice in accor dance 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 no tice in accordance with paragraph a. above. The exhaustion of the aggregate limit of liability insur ance by the payments of judgments or settlements and the resulting end of our duty to defend will not be affected by our failure to comply with any of the provi sions of this Condition. 3 G16663 A Ed. 1091 Page 1 of 1 | 2 |
G16912 A31 Ed. 0991 CNA This endorsement modifies insurance provided under the following THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDATORY ENDORSEMENT POLICY TERRITORY COMMERCIAL UMBRELLA PLUS COVERAGE PART Section VII. POLICY TERRITORY is deleted in its entirety and replaced by the following VII. POLICY TERRITORY Policy Territory means 1. The United States of America including its territories and possessions Puerto Rico and Canada International waters or airspace provided that the injury or damage does not occur in the course of travel or transportation to or from any place not included in a. above or All parts of the world if 1 The injury or damage arises out of a Goods or products made or sold by you in the territory described in a. above or b The activities of a person who home is in the territory described in a. above but is away for a short time on your business and 2 The insured s responsibility to pay dam ages is determined in a suit on the mer its in the territory described in a. above or in a settlement we agree to. Anywhere else in the world other than 1. above provided such liability is covered by valid and col lectible Underlying Insurance as listed in the Schedule of Underlying Insurance for the full amount shown therein and then only for such li ability for which coverage is afforded under said Underlying Insurance. With respect to claims made or suits instif courts elsewhere than within a. The United States of America incluc territories and possessions Puerto Rico or Canada we will investigate negotiate and defen claims or suits. We shall with your have the right to make settlement. How your refuse to consent to any settlement n agreed upon by us and the plaintiff recomr in writing by us and you elect to contest tinue any legal proceedings our liability s exceed the amount for which the claim could have been settled plus the cost a penses incurred up to the date of such re we are not permitted by law or otherwise vestigate settle and defend or if we do n the expertise to provide a proper defense foreign country you under our supervisi make or cause to be made such investigat defense as may be reasonably necessal subject to prior authorization by us will e deem prudent. We shall reimburse you reasonable cost of such a. investigation b. negotiation and c. settlement in the currency of the United States at the exchange prevailing on the date of paymen With respect to claims made or suits instituted in courts elsewhere than within a. The United States of America including its territories and possessions b. Puerto Rico or c. Canada we will investigate negotiate and defend such claims or suits. We shall with your consent have the right to make settiement. However if your refuse to consent to any settlement mutually agreed upon by us and the plaintiff recommended in writing by us and you elect to contest or con tinue any legal proceedings our liability shall not exceed the amount for which the claim or suit could have been settled plus the cost and ex penses incurred up to the date of such refusal. If we are not permitted by law or otherwise to in vestigate settle and defend or if we do not have the expertise to provide a proper defense in such foreign country 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 a. investigation b. negotiation and c. settlement in the currency of the United States at the rate of exchange prevailing on the date of payment. SE08LL02515805.L0002008 G16912 A31 Ed. 0991 Page 1 of 1 | 2 |
G17900 A Ed. 0192 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PERSONAL INJURY LIABILITY LIMITATION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART It is agreed that the following paragraph is added to Exclusions SECTION I This insurance does not apply to any liability arising out of personal injury as defined in SECTION V DEFINITIONS. However this exclusion does not apply if said personal injury is scheduled in the scheduled underlying insurance for the full limits shown and then only for such liability for which coverage is provided in the scheduled underlying insurance. G17900 A Ed. 0192 Page 1 of 1 | 2 |
G17902 A Ed. 0192 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADVERTISING INJURY LIABILITY LIMITATION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART It is agreed that the following paragraph is added to Exclusions SECTION I This insurance does not apply to any liability arising out of advertising injury as defined in SECTION V DEFINITIONS. However this exclusion does not apply if said advertising injury is scheduled in the scheduled underlying insurance for the full limits shown and then only for such liability for which coverage is provided in the scheduled underlying insurance. 9E08LL02515805L0002008 G17902 A Ed. 0192 Page 1 of 1 | 2 |
G17909 A31 Ed. 0192 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTOMOBILE LIABILITY LIMITATION ENDORSEMENT NEW YORK This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART It is agreed that this insurance applies to liability arising out of the ownership maintenance or use of any automobile but only to the extent that such liability is covered by valid and collectible underlying insurance as listed in the Schedule of Underlying Insurance for the full limits shown therein and then only for such liability for which coverage is afforded under said underlying insurance. G17909 A31 Ed. 0192 Page 1 of 1 | 2 |
G18132C31 Ed. 0213 CNA AMENDMENT OF INSURING AGREEMENT EMPLOYEE BENEFITS LIABILITY NEW YORK Itis understood and agreed that this endorsement amends the COMMERCIAL UMBRELLA PLUS COVERAGE PART as follows 1. SECTION I COVERAGES is amended to add the following to Paragraph 1. Insuring Agreement We will also pay on behalf of the insured those sums in excess of scheduled underlying insurance that the insured becomes legally obligated to pay as ultimate net loss because of a negligent act error or omission committed in the administration of your employee benefit program but only if and to the extent such ultimate net loss is covered by scheduled underlying insurance. Only for the purpose of the coverage provided by this endorsement a. Employee benefit plan means the same as it does in scheduled underlying insurance. b. Incident means a negligent act error or omission committed by you or on your behalf in the administration of your employee benefit program. c. Condition 11. Maintenance of Scheduled Underlying Insurance is amended to delete its requirement that aggregate reduction or exhaustion result solely from incidents taking place during this policy period and not before. All other terms and conditions of the Policy remain unchanged. LE0BLL02515805LL0002008 G18132C31 Ed. 0213 Page 1 of 1 Copyright CNA Al Rights Reserved. | 2 |
G300968 A Ed. 0610 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Medical Malpractice Professional Liability Exclusion This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART EXCESS THIRD PARTY LIABILITY POLICY The following exclusion is added to SECTION I COVERAGE 2. Exclusions This insurance does not apply to any liability arising out of the rendering of or failure to render the following professional services a Medical surgical dental x ray or nursing treatment service advice or instruction including the furnishing of food or beverages in connection therewith b Furnishing prescribing applying injecting or dispensing of drugs or medical dental or surgical supplies or appliances c Handling of or performing postmortem examinations or procedures on human bodies d Organ donation e Health or therapeutic service treatment advice or instruction or f Service by any person as a member of a formal accreditation or similar professional board or committee of the named insured or as a person charged with the duty of executing directives of any such board or committee. 9 Any service treatment procedure advice or instruction for the purpose of appearance or skin enhancement hair removal extension weave or replacement or personal grooming relaxation or therapy. All other terms conditions and exclusions of this policy remain unchanged. G300968 A Ed. 0610 Page 1 of 1 | 2 |
CNA CHANGE ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT IS A PART OF YOUR POLICY AND TAKES EFFECT ON THE EFFECTIVE DATE OF YOUR POLICY UNLESS ANOTHER EFFECTIVE DATE IS SHOWN BELOW. AMENDMENT OF INSURING AGREEMENT KNOWN OR CONTINUING INJURY OR DAMAGE This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART I Paragraph 1. Insuring Agreement of SECTION COVERAGES is replaced by the following 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 bodily injury property damage personal injury and advertising injury to which this insurance applies. a. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an incident that takes place in the policy territory 2 The bodily injury or property damage occurs during the policy period and 3 With respect to bodily injury or property damage that continues changes or resumes so as to occur during more than one policy period both of the following conditions are met i Prior to the authorized ins bodily injury had occurred ir i During the authorized ins the bodily i damage had ot part. For purposes of th only if a bodily damage that occu period does not resume after the ter period and b no first knows of thi property damage termination of this such first knowledge during this policy pe b. Bodily injury or proy occurs during the policy prior to the policy pel et terad by art S at by i Prior to the policy period no authorized insured knew that the bodily injury or property damage had occurred in whole or in part and i During the policy period an authorized insured first knew that the bodily injury or property damage had occurred in whole or in part. For purposes of this Paragraph 1a.3 only if a bodily injury or property damage that occurs during this policy period does not continue change or resume after the termination of this policy period and b no authorized insured first knows of this bodily injury or property damage until after the termination of this policy period then such first knowledge will be deemed to be during this policy period. b. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any authorized insured includes BE08LL02515805.L0002008 POLICY CHANGE NO. EFFECTIVE DATE OF THIS POLICY CHANGE COUNTERSIGNED BY P56015 B 1191 ED. DATE AUTHORIZED REPRESENTATIVE Paae 1 of 2 P56015 B 1191 ED. Page 1 of 2 | 2 |
CNA CHANGE ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT IS A PART OF YOUR POLICY AND TAKES EFFECT ON THE EFFECTIVE DATE OF YOUR POLICY UNLESS ANOTHER EFFECTIVE DATE IS SHOWN BELOW. any continuation change or resumption of that bodily injury or property damage after the end of the policy period. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any authorized insured 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 2 Receives a written or verbal demand claim or suit for damages because of the bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. This insurance applies to personal injury and advertising injury caused by an incident that takes place during the policy period and in the policy territory. The following changes are made to SECTION V DEFINITIONS 1. Definition 9. Incident is deleted in its entirety and replaced by the following 9. Incident a. With respect to bodily injury and property damage incident means an occurrence. An occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. With respect to personal injury and advertising injury incident means an offense arising out of your business. The following definition is added Authorized insured means any insured listed under Paragraph 1.a. through c. of SECTION Il WHO IS AN INSURED or any employee authorized by such an insured to give or receive notice of an incident claim or suit. POLICY CHANGE NO. EFFECTIVE DATE OF THIS POLICY CHANGE COUNTERSIGNED BY DATE AUTHORIZED REPRESENTATIVE P56015 B 1191 ED. Page 2 of 2 | 2 |
CNA IMPORTANT INFORMATION FROM THE MEMBER COMPANIES OF CNA INSURANCE CNA An endorsement Amendment of Insuring Agreement Known or Continuing Injury or Damage has been added to your Commercial Umbrella policy renewal. This endorsement Amendment of Insuring Agreement Known or Continuing Injury or Damage provides coverage for bodily injury and property damage which was not known by the insured to have occurred in whole or in part prior to the inception of this policy. This endorsement Amendment of Insuring Agreement Known or Continuing Injury or Damage also provides that bodily injury or property damage that continues changes or resumes so as to occur during more than one policy period will constitute bodily injury or property damage under this policy only if during the policy period the insured first knew that the bodily injury or property damage had occurred in whole or in part. The Amendment of Insuring Agreement Known or Continuing Injury or Damage endorsement has been added to your policy to clarify that this policy does not apply to known losses and to clarify when this policy will apply to injury or damage that continues changes or resumes during more than one policy period. 6E0BLL0Z515805.L0002008 G138885 A Ed. 0400 Page 1 of 1 | 2 |
CNA IMPORTANT INFORMATION FROM THE MEMBER COMPANIES OF CNA INSURANCE CNA An endorsement G144239 A War Liability Exclusion has been added to your Commercial Umbrella Plus Coverage policy. G144239 A War Liability Exclusion When this endorsement is attached to your policy Coverage is excluded for bodily injury liability property damage liability personal injury liability and advertising injury liability arising out of war warlike action and similar events. Previously the War exclusion under the Commercial Umbrella Plus Coverage Part applied only to contractually assumed liability arising out of such events. Please contact your agent if you have any questions about your coverage. 0VOBLL0ZS15805L0002008 G145661 A Ed. 0903 Page 1 of 1 | 2 |
G144291 A Ed. 0303 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ECONOMIC AND TRADE SANCTIONS CONDITION The following condition is added to the COMMON POLICY CONDITIONS ECONOMIC AND TRADE SANCTIONS CONDITION In accordance with laws and regulations of the United States concerning economic and trade embargoes this policy is void ab initio void from its inception with respect to any term or condition of this policy that violates any laws or regulations of the United States concerning economic and trade embargoes including but not limited to the following 1. Any insured or any person or entity claiming the benefits of an insured who is or becomes a Specially Designated National or Blocked Person or who is otherwise subject to U.S. economic or trade sanctions 2. Any claim or suit that is brought in a Sanctioned Country or by a Sanctioned Country Government where any action in connection with such claim or suit is prohibited by U.S. economic or trade sanctions 3. Any claim or suit that is brought by any Specially Designated National or Blocked Person or any person or entity who is otherwise subject to U.S. economic or trade sanctions 4. Property that is located in a Sanctioned Country or that is owned by rented to or in the care custody or control of a Sanctioned Country Government where any activities related to such property are prohibited by U.S. economic or trade sanctions or 5. Property that is owned by rented to or in the care custody or control of a Specially Designated National or Blocked Person or any person or entity who is otherwise subject to U.S. economic or trade sanctions. As used in this endorsement a Specially Designated National or Blocked Person is any person or entity that is on the list of Specially Designated Nationals and Blocked Persons issued by the U.S. Treasury Department s Office of Foreign Asset Control O.F.A.C. as it may be from time to time amended. As used in this endorsement a Sanctioned Country is any country that is the subject of trade or economic embargoes imposed by the laws or regulations of the United States of America. 1P08LL051SB0SLL000Z00S G144291 A Ed. 0303 Page 1 of 1 | 2 |
IL00 17 1198 50020007750851520778042 A. D. COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. Cancellation 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium or b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed proof of mailing will be sufficient proof of notice. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy. Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. Inspections And Surveys 1. We have the right to a. Make inspections and surveys at any time b. Give you reports on the conditions we find and c. Recommend changes. 2. We are not obligated to make any inspections surveys reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recommendations we may make relative to certification under state or municipal statutes ordinances or regulations of boilers pressure vessels or elevators. E. Premiums The first Named Insured shown in the Declarations 1. Is responsible for the payment of all premiums and 2. Will be the payee for any return premiums we pay. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal 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. med Insured shown in the Declarations this policy by mailing or delivering to written notice of cancellation. ncel this policy by mailing or delivering t Named Insured written notice of at least ys before the effective date of ation if we cancel for nonpayment of n or ys before the effective date of ation if we cancel for any other reason. or deliver our notice to the first Named st mailing address known to us. ncellation will state the effective date of. The policy period will end on that y is cancelled we will send the first ured any premium refund due. If we refund will be pro rata. If the first ured cancels the refund may be less ta. The cancellation will be effective ave not made or offered a refund. nailed proof of mailing will be sufficient IL00 17 11 98 Copyright Insurance Services Office Inc. 1998 Page 1 of 1 | 2 |
CNA 333 S Wabash Chicago lllinois 60604 Policy Number From Policy Period To B5085152077 060614 060615 Named Insured And Address West Side GI LLC 619 W 54TH ST FL 8 NEW YORK NY 10019 Coverage Is Provided By Agency Continental Casualty Company 060692310 Agent LOCKTON COMPANIES LLC 444 W. 47TH ST. 900 KANSAS CITY MO 64112 red And Address LC 0019 PAYMENT PLAN SCHEDULE THE BILLING FOR THIS POLICY WILL BE FORWARDED TO YOU DIRECTLY FROM CNA. THE PREMIUM AMOUNT FOR THIS TRANSACTION s 2529.00 THIS PREMIUM WILL BE INVOICED BY CNA ON A SEPARATE STATEMENT ACCORDING TO THE PAYMENT OPTION YOU SELECT. EP0BLL0ZS1S80SLL0002008 ISSUE DATE 042214 | 2 |
PPOBLL0ZS1S80SLL0002008 END OF COPY | 2 |
A EMC Insurance Companies EMPLOYERS MUTUAL CASUALTY COMPANY COMMERCIAL UMBRELLA DECLARATIONS Wl T T Tl Policy Period From 120413 to 120414 Policy Number 530 25 2 314 S NAMED INSURED PRODUCER CEDARWOOD CONDOS LLC LOCKTON COMPANIES LLC PO BOX 39 1015 N 98TH ST STE 101 NORTH PLATTE NE 69103 0039 OMAHA NE 68114 2357 AGENT AB 8210 AGENT PHONE 402 970 6100 DIRECT BILL JACK H. STRUYK JR Insured is LLC CONDO OWNER L I M I T S OF I N s U R A N C E Each Occurrence Limit Liability Coverage 1000000 Personal Advertising Injury Limit 1000000 Any one person or organization Aggregate Limit Liability Coverage 1000000 except with respect to covered autos A 100 MINIMUM POLICY PREMIUM APPLIES IF POLICY IS CANCELLED AFTER THE EFFECTIVE DATE. Forms Applicable CU00011207 CU00040509 CU02080900 CU21130900 CU21230202 CU21300108 CU21360108 CU7T001A0405 CU72720806 CU72731210 CU72761210 CU72930806 CU7404.11008 CU74381109 IL7131A0401 IL8383.20108 IL8384A0108 Date of Issue 111413 BPP FORM CU7000A ED. 01 07 BPP 102213 003 B8 5302523 1401 COMMERCIAL UMBRELLA D Policy Period From 120413 to 120414 PO BOX 39 1015 N 98TH ST STE 101 NORTH PLATTE NE 69103 0039 OMAHA NE 68114 2357 AGENT AB 8210 AGENT PHONE 402 970 6100 verage 1000000 1000000 1000000 A 100 MIN Forms Applicable CU00011207 CU00040509 CU02080900 CU21130900 CU21230202 CU21300108 CU21360108 CU7T001A0405 CU72720806 CU72731210 CU72761210 CU72930806 CU7404.11008 CU74381109 IL7131A0401 IL8383.20108 IL8384A0108 CU00040509 CU02080900 CU21130900 CU21300108 CU21360108 CU7001A0405 e ATTT9T219 10 AT19996 19710 T1T790820Q O EN | 2 |
A EMC Insurance Companies EMPLOYERS MUTUAL CASUALTY COMPANY POLICY NUMBER 5J0 25 23 14 CEDARWOOD CONDOS LLC EFF DATE 120413 EXP DATE 120414 COMMERCIAL UMBRETLTLA POLICY DECLARATIONS ENDORSEMENT SCHEDULE EDITION DATE DESCRIPTION ADDITIONAL INFORMATION PREMIUM CU0001 12 07 COMM LIABILITY UMBRELLA COV FORM CU0004 05 09 RECORD DISTR MATRL INFO VIOL LAW EXC CU0208 09 00 NE CHANGES CANCELLATION AND NONRENEW CU2113 09 00 AMENDMENT OF LIQUOR LIABILITY EXCL Cu2123 02 02 NUCLEAR ENERGY LIAB EXCL BROAD FORM CU2130 01 08 CAP OF LOSSES FROM CERT ACTS OF TERR CU2136 01 08 EXCL PUNITIVE DMG CERT ACTS OF TERR CU7001A 04 05 SCHED OF PRIMARY INS AUTOMATED CU7272 08 06 ASBESTOS EXCLUSION CU7273 12 10 AUTO LIABILITY FOLLOW FORM CU7276 12 10 COMMERCIAL UMBRELLA AMENDMENT OF COV CU7293 08 06 FOREIGN EXPOSURE FOLLOWING FORM CU7404.1 10 08 UMBRELLA LIAB AMEND FOLLOW FORM CU7438 11 09 CONTRACTORS OCCURRENCE DEFINITION IL7131A 04 01 COMML POLICY ENDORSEMENT SCHEDULE IL8383.2 01 08 DISCL PURSUANT TERRSM RISK INS. ACT 5 IL8384A 01 08 TERRORISM NOTICE DATE OF ISSUE 111413 FORM IL7131A ED. 04 01 BPP 003 B8 5302523 1401 EDITION IL8384A RECORD DISTR MATRL INFO VIOL LAW EXC NE CHANGES CANCELLATION AND NONRENEW AMENDMENT OF LIQUOR LIABILITY EXCL NUCLEAR ENERGY LIAB EXCL BROAD FORM CAP OF LOSSES FROM CERT ACTS OF TERR EXCL PUNITIVE DMG CERT ACTS OF TERR SCHED OF PRIMARY INS AUTOMATED ASBESTOS EXCLUSION AUTO LIABILITY FOLLOW FORM COMMERCIAL UMBRELLA AMENDMENT OF COV FOREIGN EXPOSURE FOLLOWING FORM UMBRELLA LIAB AMEND FOLLOW FORM CONTRACTORS OCCURRENCE DEFINITION COMML POLICY ENDORSEMENT SCHEDULE DISCL PURSUANT TERRSM RISK INS. ACT TERRORISM NOTICE | 2 |
A EMC Insurance Companies EMPLOYERS MUTUAL CASUALTY COMPANY POLICY NUMBER 5J0 25 23 14 CEDARWOOD CONDOS LLC EFF DATE 120413 EXP DATE 120414 TERRORTISM NOTTICE This insurance may include coverage for certified acts of terrorism as defined in the Terrorism Risk Insurance Act as amended. Attached you will find a disclosure which identifies the specific charge for certified acts of terrorism. YOU MAY HAVE THE OPTION TO REJECT THIS TERRORISM COVERAGE For additional information please contact your agent DATE OF ISSUE 111413 FORM IL8384A 01 08 BPP 003 B8 5302523 1401 CEDARWOOD CONDOS LLC EFF DATE 120413 EXP DATE 1204 TERRORTISM NOTTICE This insurance may include coverage for certified acts of terrorism as defined in the Terrorism Risk Insurance Act as amended. Attached you will find a disclosure which identifies the specific charge for certified acts of terrorism. YOU MAY HAVE THE OPTION TO REJECT THIS TERRORISM COVERAGE For additional information please contact your agent TERRORTISM NOTTICE This insurance may include coverage for certified acts of terrorism as defined in the Terrorism Risk Insurance Act as amended. Attached you will find a disclosure which identifies the specific charge for certified acts of terrorism. YOU MAY HAVE THE OPTION TO REJECT THIS TERRORISM COVERAGE For additional information please contact your agent | 2 |
A EMC Insurance Companies EMPLOYERS MUTUAL CASUALTY COMPANY POLICY NUMBER 5J0 25 23 14 CEDARWOOD CONDOS LLC EFF DATE 120413 EXP DATE 120414 This disclosure is attached to your policy in response to the disclosure requirements of the Terrorism Risk Insurance Act. This disclosure does not grant any coverage or change the terms and conditions of any coverage under the policy. SCHEDUTLE Terrorism Premium Certified Acts 5.00 A. DISCLOSURE OF PREMIUM In accordance with the Federal Terrorism Risk Insurance Act we are required to provide you with a notice disclosing the portion of your premium if any attributable to coverage for terrorism acts certified under the Terrorism Risk Insurance Act. The portion of your premium attributable to such coverage is shown in the schedule of this disclosure or in the policy Declarations. B. 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. However if aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance 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. C. CAP ON INSURER PARTICIPATION IN PAYMENT OF TERRORISM LOSSES If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a Program Year January 1 through December 31 and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. THE FOLLOWING STATEMENT IS REQUIRED TO BE PART OF THE DISCLOSURE NOTICE IN MISSOURI The premium above is for certain losses resulting from certified acts of terrorism as covered pursuant to coverage provisions limitations and exclusions in this policy. You should read the definition in your policy carefully but generally speaking certified acts of terrorism are acts that exceed 5 million in aggregate losses to the insurance industry and which are subsequently declared by the U.S. Secretary of the Treasury as a certified terrorist act under the Terrorism Risk Insurance Act. Some losses resulting from certified acts of terrorism are not covered. Read your policy and endorsements carefully. Includes copyrighted material of ISO Properties Inc. with its permission DATE OF ISSUE 111413 FORM IL8383.2 01 08 BPP 003 B8 5302523 1401 CEDARWOOD CONDOS LLC EFF DATE 120413 EXP DATE 1204 This disclosure is attached to your policy in response to the disclosure requirements of the Terrorism Risk Insurance Act. This disclosure does not grant any coverage or change the terms and conditions of any coverage under the policy. SCHEDUTLE Terrorism Premium Certified Acts 5.00 A. DISCLOSURE OF PREMIUM In accordance with the Federal Terrorism Risk Insurance Act we are required to provide you with a notice disclosing the portion of your premium if any attributable to coverage for terrorism acts certified under the Terrorism Risk Insurance Act. The portion of your premium attributable to such coverage is shown in the schedule of this disclosure or in the policy Declarations. B. 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. However if aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance 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. C. CAP ON INSURER PARTICIPATION IN PAYMENT OF TERRORISM LOSSES If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a Program Year January 1 through December 31 and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. THE FOLLOWING STATEMENT IS REQUIRED TO BE PART OF THE DISCLOSURE NOTICE IN MISSOURI The premium above is for certain losses resulting from certified acts of terrorism as covered pursuant to coverage provisions limitations and exclusions in this policy. You should read the definition in your policy carefully but generally speaking certified acts of terrorism are acts that exceed 5 million in aggregate losses to the insurance industry and which are subsequently declared by the U.S. Secretary of the Treasury as a certified terrorist act under the Terrorism Risk Insurance Act. Some losses resulting from certified acts of terrorism are not covered. Read your policy and endorsements carefully. Includes copyrighted material of ISO Properties Inc. with its permission | 2 |
A EMC Insurance Companies EMPLOYERS MUTUAL CASUALTY COMPANY Policy Number 5J02523 14 CEDARWOOD CONDOS LLC Eff Date 120413 Exp Date 120414 COMMERCIAL UMBRETLTLA SCHEDUTLE ok ko ok ko Kok ko ok ok ko ok ok ok Kk ko Kk Kk kK Kk Kk Kk K Kk Kok ok ko Kok ok ko ko ko ko ko K RETAINED LIMIT Self Insured Retention 0 SCHEDULE OF UNDERLYING INSURANCE Commercial Auto Liability Company Employers Mutual Casualty Company Policy Number 5E02523 Policy Period 120413 to 120414 Minimum Applicable Limits Each Accident 1000000 Commercial General Liability Company Employers Mutual Casualty Company Policy Number 5D02523 Policy Period 120413 to 120414 Occurrence Basis Minimum Applicable Limits General Aggregate 2000000 Products Completed Operations Aggregate 2000000 Personal and Advertising Injury 1000000 Each Occurrence 1000000 Date of Issue 111413 BPP FORM CU7001A ED. 04 05 BPP 102213 003 B8 5302523 1401 CEDARWOOD CONDOS LLC Eff Date 120413 Exp Date 1204 COMMERCIAL UMBRETLTLA SCHEDUTLE ko ok ko ok ok ko ko ko kK ko ko Kk Kk ko Kk Kk Kk K Kk Kk Kk K R ko ok ko ko ok ok ko ok ok ko RETAINED LIMIT Self Insured Retention 0 SCHEDULE OF UNDERLYING INSURANCE Commercial Auto Liability Company Employers Mutual Casualty Company Policy Number 5E02523 Policy Period 120413 to 120414 Minimum Applicable Limits Each Accident 1000000 TETERE s EeE EEatEe s mem e Company Employers Mutual Casualty Company Policy Number 5D02523 Policy Period 120413 to 120414 Occurrence Basis Minimum Applicable Limits General Aggregate 2000000 Products Completed Operations Aggregate 2000000 Personal and Advertising Injury 1000000 Each Occurrence 1000000 | 2 |
A EMC Insurance Companies EMPLOYERS MUTUAL CASUALTY COMPANY Policy No 5J0 25 23 14 CEDARWOOD CONDOS LLC Transaction New01 TRANSACTION INFORMATION Policy Term 12042013 to 12042014 Trans Date 12042013 Account Name CEDARWOOD CONDOS LLC CO BR Agent A B8210 Account Mailing State NE Program Financing N Billing Method D CDB Audit Frequency N Profit Share Y SIC 6531 Account Original Eff Date 12042013 Type of Policy Monoline 10 Trans Premium 505.00 Policy ID BC Commission 15.0 Premium 505.00 Account Domicile State NE Date of Issue 111413 BPP STAT UM BPP 102213 003 B8 5302523 1401 CEDARWOOD CONDOS LLC Transaction New01 TRANSACTION INFORMATION Policy Term 12042013 to 12042014 Trans Date 12042013 Account Name CEDARWOOD CONDOS LLC CO BR Agent A B8210 Account Mailing State NE Program Financing N Billing Method D CDB Audit Frequency N Profit Share Y Policy Term 12042013 to 12042014 Account Name CEDARWOOD CONDOS LLC Account Mailing State NE Financing N Audit Frequency N SIC 6531 Account Original Eff Date 12042013 Policy ID BC Commission 15.0 nium | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 00011207 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 In sured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay on behalf of the insured the ulti mate net loss in excess of the retained limit because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking damages for such bodily in jury or property damage when the underly ing insurance does not provide coverage or the limits of underlying insurance have been exhausted. When we have no duty to defend we will have the right to defend or to partici pate in the defense of the insured against any other suit seeking damages to which this in surance may apply. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or prop erty damage to which this insurance does not apply. At our discretion we may investigate any occurrence that may involve this insur ance and settle any resultant claim or suit for which we have the duty to defend. But 1 The amount we will pay for the ultimate net loss is limited as described in Section Il Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insur ance in the payment of judgments or set tlements under Coverages A or B. g No other obligation or liability to pay sums or perform acts or services is covered unless ex plicitly provided for under Supplementary Pay ments Coverages A and B. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory The bodily injury or property damage occurs during the policy period and Prior to the policy period no insured listed under Paragraph 1.a. of Section Il Who Is An Insured and no employee authorized by you to give or receive notice of an oc currence or claim knew that the bodily in jury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any con tinuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have oc curred by any insured listed under Paragraph 1.a. of Section Il Who Is An Insured or any employee authorized by you to give or re ceive notice of an occurrence or claim in cludes any continuation change or resumption of that bodily injury or property damage af ter the end of the policy period. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed un der Paragraph 1.a. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other in surer 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 2 3 CU 00011207 ISO Properties Inc. 2007 Page 1 of 17 a | 0 |
3 Becomes aware by any other means that bodily injury or property damage has oc curred or has begun to occur. e. Damages because of bodily injury include damages claimed by any person or organiza tion for care loss of services or death resulting at any time from the bodily injury. 2. Exclusions This insurance does not apply to a. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. b. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a con tract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subse quent to the execution of the contract or agreement. Solely for the purposes of liabil ity assumed in an insured contract rea sonable attorney fees and necessary litiga tion expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and Such attorney fees and litigation ex penses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are al leged. c. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person b 2 The furnishing of alcoholic beverages to a person under the legal drinking age or un der the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alco holic beverages. This exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. This exclusion does not apply to the extent that valid underlying insurance for the liquor liabil ity risks described above exists or would have existed but for the exhaustion of underlying lim its for bodily injury and property damage. Coverage provided will follow the provisions exclusions and limitations of the underlying in surance unless otherwise directed by this in surance.. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unem ployment compensation law or any similar law. E.RIS.A. Any obligation of the insured under the Em ployees Retirement Income Security Act E.R.LS.A and any amendments thereto or any similar federal state or local statute. Auto Coverages 1 Bodily injury or property damage arising out of the ownership maintenance or use of any auto which is not a covered auto or 2 Any loss cost or expense payable under or resulting from any first party physical dam age coverage no fault law personal injury protection or auto medical payments cover age or uninsured or underinsured motorist law.. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. Page 2 of 17 ISO Properties Inc. 2007 CuU 00011207 a | 1 |
This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share dam ages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability as sumed by the insured under an insured con tract. With respect to injury arising out of a covered auto this exclusion does not apply to bodily injury to domestic employees not entitled to workers compensation benefits. For the pur poses of this insurance a domestic employee is a person engaged in household or domestic work performed principally in connection with a residence premises. This exclusion does not apply to the extent that valid underlying insurance for the employer s liability risks described above exists or would have existed but for the exhaustion of underly ing limits for bodily injury. Coverage provided will follow the provisions exclusions and limita tions of the underlying insurance unless oth erwise directed by this insurance. Employment Related Practices Bodily injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employ ment or c Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment hu miliation discrimination or malicious prosecution directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whom any of the employment related practices described in Paragraphs a b or c above is di rected. This exclusion applies whether the injury causing event described in Paragraphs a b or c above occurs before employment during employment or after employment of that per son. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share dam ages with or repay someone else who must pay damages because of the injury. i. Pollution 1 Bodily injury or property damage which would not have occurred in whole or part but for the actual alleged or threatened dis charge dispersal seepage migration re lease or escape of pollutants at any time or 2 Pollution cost or expense. This exclusion does not apply if valid underly ing insurance for the pollution liability risks de scribed above exists or would have existed but for the exhaustion of underlying limits for bod ily injury and property damage. Coverage provided will follow the provisions exclusions and limitations of the underlying insurance. j Aircraft Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or en trustment to others of any aircraft or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and load ing or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employ ment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrust ment to others of any aircraft or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than 50 feet long and b Not being used to carry persons or property for a charge 3 Liability assumed under any insured con tract for the ownership maintenance or use of aircraft or watercraft. 4 The extent that valid underlying insurance for the aircraft or watercraft liability risks described above exists or would have ex isted but for the exhaustion of underlying limits for bodily injury or property dam age. Coverage provided will follow the pro visions exclusions and limitations of the underlying insurance unless otherwise di rected by this insurance or CU 00011207 ISO Properties Inc. 2007 Page 3 of 17 a | 1 |
5 Aircraft that is a Chartered by loaned to or hired by you with a paid crew and b Not owned by any insured.. Racing Activities Bodily injury or property damage arising out of the use of mobile equipment or autos in or while in practice for or while being prepared for any prearranged professional or organized racing speed demolition or stunting activity or contest.. War Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any govern ment sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental au thority in hindering or defending against any of these.. Damage To Property Property damage to 1 Property a You own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including pre vention of injury to a person or damage to another s property or b Owned or transported by the insured and arising out of the ownership main tenance or use of a covered auto. 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you 4 Personal property in the care custody or control of the insured That particular part of real property on which you or any contractors or subcontrac tors working directly or indirectly on your behalf are performing operations if the property damage arises out of those op erations or 3 5 6 That particular part of any property that must be restored repaired or replaced be cause your work was incorrectly per formed on it. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 1b 3 4 5 and 6 of this exclusion do not apply to liability assumed un der a sidetrack agreement. Paragraphs 3 and 4 of this exclusion do not apply to liability assumed under a written Trailer Interchange agreement. Paragraph 6 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 sub contractor.. 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 1 A defect deficiency inadequacy or danger ous 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 agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and ac cidental physical injury to your product or your work after it has been put to its intended use.. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or ex pense incurred by you or others for the loss of use withdrawal recall inspection repair re placement adjustment removal or disposal of 1 Your product Page 4 of 17 ISO Properties Inc. 2007 CuU 00011207 a | 1 |
2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. Personal And Advertising Injury Bodily injury arising out of personal and ad vertising injury.. Professional Services Bodily injury or property damage due to rendering or failure to render any professional service. This includes but is not limited to 1 Legal accounting or advertising services 2 Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change or ders or drawings and specifications by any architect engineer or surveyor performing services on a project on which you serve as construction manager Inspection supervision quality control architectural or engineering activities done by or for you on a project on which you serve as construction manager Engineering services including related supervisory or inspection services Medical surgical dental x ray or nursing services treatment advice or instruction Any health or therapeutic service treatment advice or instruction Any service treatment advice or instruction for the purpose of appearance or skin en hancement hair removal or replacement or personal grooming or therapy Any service treatment advice or instruction relating to physical fitness including ser vice treatment advice or instruction in connection with diet cardio vascular fit ness body building or physical training pro grams Optometry or optical or hearing aid services including the prescribing preparation fit ting demonstration or distribution of oph thalmic lenses and similar products or hear ing aid devices 3 4 5 6 7 8 9 10 Body piercing services 11 Services in the practice of pharmacy but this exclusion does not apply if you are a retail druggist or your operations are those of a retail drugstore 12 Law enforcement or firefighting services and 13 Handling embalming disposal burial cremation or disinterment of dead bodies. t. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. This exclusion does not apply if valid underly ing insurance for the electronic data risks de scribed above exists or would have existed but for the exhaustion of underlying limits for bod ily injury and property damage. Coverage provided will follow the provisions exclusions and limitations of the underlying insurance unless otherwise directed by this insurance. u. Distribution Of Material In Violation Of Statutes Bodily injury or property damage arising di rectly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law or 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law or 3 Any statute ordinance or regulation other than the TCPA or CAN SPAM Act of 2003 that prohibits or limits the sending transmit ting communicating or distribution of mate rial or information. CU 00011207 ISO Properties Inc. 2007 Page 5 of 17 a | 1 |
COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay on behalf of the insured the ulti mate net loss in excess of the retained limit because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking damages for such personal and advertising injury when the underlying in surance does not provide coverage or the lim its of underlying insurance have been ex hausted. When we have no duty to defend we will have the right to defend or to participate in the defense of the insured against any other suit seeking damages to which this insurance may apply. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. At our discretion we may investigate any offense that may involve this insurance and settle any re sultant claim or suit for which we have the duty to defend. But 1 The amount we will pay for the ultimate net loss is limited as described in Section Il Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insur ance in the payment of judgments or set tlements under Coverages A or B. No other obligation or liability to pay sums or perform acts or services is covered unless ex plicitly provided for under Supplementary Pay ments Coverages A and B. b. This insurance applies to personal and adver tising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. 2. Exclusions This insurance does not apply to a. Personal and advertising injury 1 Knowing Violation Of Rights Of Another Caused by or at the direction of the insured with the knowledge that the act would vio late the rights of another and would inflict personal and advertising injury. Material Published With Knowledge Of Falsity 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 3 4 5 6 9 10 Material Published Prior To Policy Period Arising out of oral or written publication of material whose first publication took place before the beginning of the policy period. Criminal Acts Arising out of a criminal act committed by or at the direction of the insured. Contractual Liability For which the insured has assumed liability in a contract or agreement. This exclusion does not apply to a Liability for damages that the insured would have in the absence of the con tract or agreement. b Liability for false arrest detention or imprisonment assumed in a contract or agreement. Breach Of Contract Arising out of a breach of contract except an implied contract to use another s adver tising idea in your advertisement. Quality Or Performance Of Goods Failure To Conform To Statements Arising out of the failure of goods products or services to conform with any statement of quality or performance made in your ad vertisement. Wrong Description Of Prices Arising out of the wrong description of the price of goods products or services stated in your advertisement. Infringement Of Copyright Patent Trademark Or Trade Secret Arising out of the infringement of copyright patent trademark trade secret or other in tellectual property rights. Under this exclu sion such other intellectual property rights do not include the use of another s advertis ing idea in your advertisement. However this exclusion does not apply to infringement in your advertisement of copyright trade dress or slogan. Insureds In Media And Internet Type Businesses Committed by an insured whose business is a Advertising broadcasting publishing or telecasting b Designing or determining content of websites for others or Page 6 of 17 ISO Properties Inc. 2007 CuU 00011207 a | 1 |
11 12 13 14 c An Internet search access content or service provider. However this exclusion does not apply to Paragraphs 14.a. b. and c. of personal and advertising injury under the Definitions Section. For the purposes of this exclusion the plac ing of frames borders or links or advertis ing for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting pub lishing or telecasting. Electronic Chatrooms Or Bulletin Boards Arising out of an electronic chatroom or bul letin board the insured hosts owns or over which the insured exercises control. Unauthorized Use Of Another s Name Or Product Arising out of the unauthorized use of an other s name or product in your e mail ad dress domain name or metatag or any other similar tactics to mislead another s potential customers. Pollution Arising out of the actual alleged or threat ened discharge dispersal seepage migra tion release or escape of pollutants at any time. Employment Related Practices To a A person arising out of any i Refusal to employ that person ii Termination of that person s em ployment or iii Employment related practices poli cies acts or omissions such as co ercion demotion evaluation reas signment discipline defamation harassment humiliation discrimina tion or malicious prosecution di rected at that person or b The spouse child parent brother or sister of that person as a consequence of personal and advertising injury to that person at whom any of the em ployment related practices described in Paragraphs i ii or iii above is di rected. This exclusion applies whether the injury causing event described in Paragraphs i ii or iii above occurs before employ ment during employment or after employ ment of that person. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the in jury. 15 Professional Services Arising out of the rendering or failure to render any professional service. This in cludes but is not limited to a Legal accounting or advertising ser vices b Preparing approving or failing to pre pare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifi cations by any architect engineer or surveyor performing services on a pro ject on which you serve as construction manager Inspection supervision quality control architectural or engineering activities done by or for you on a project on which you serve as construction manager. Engineering services including related supervisory or inspection services e Medical surgical dental x ray or nurs ing services treatment advice or instruc tion Any health or therapeutic service treat ment advice or instruction g9 Any service treatment advice or in struction for the purpose of appearance or skin enhancement hair removal or replacement or personal grooming or therapy h Any service treatment advice or in struction relating to physical fitness in cluding service treatment advice or in struction in connection with diet cardio vascular fitness body building or physi cal training programs i Optometry or optical or hearing aid services including the prescribing preparation fitting demonstration or dis tribution of ophthalmic lenses and simi lar products or hearing aid devices c d CU 00011207 ISO Properties Inc. 2007 Page 7 of 17 a | 1 |
i Body piercing services k Services in the practice of pharmacy but this exclusion does not apply if you are a retail druggist or your operations are those of a retail drugstore I Law enforcement or firefighting services and m Handling embalming disposal burial cremation or disinterment of dead bod ies. 16 War Personal and advertising injury however caused arising directly or indirectly out of a War including undeclared or civil war b Warlike action by a military force includ ing action in hindering or defending against an actual or expected attack by any government sovereign or other au thority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by gov ernmental authority in hindering or de fending against any of these. 17 Distribution Of Material In Violation Of Statutes Personal and advertising injury arising di rectly or indirectly out of any action or omis sion 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 CAN SPAM Act of 2003 that prohibits or limits the send ing transmitting communicating or dis tribution of material or information. b. Pollution cost or expense. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investi gate or settle or any suit against an insured we defend when the duty to defend exists a. All expenses we incur. b. Up to 2000 for cost of bail bonds including bonds for related traffic law violations required because of an occurrence we cover. We do not have to furnish these bonds. c c. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the in sured at our request to assist us in the investi gation or defense of the claim or suit includ ing actual loss of earnings up to 250 a day because of time off from work. e. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment in terest based on that period of time after the of fer. g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or depos ited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insur ance.. When we have the right but not the duty to defend the insured and elect to participate in the defense we will pay our own expenses but will not contrib ute to the expenses of the insured or the underly ing insurer.. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks dam ages for which the insured has assumed the li ability of the indemnitee in a contract or agree ment that is an insured contract b. This insurance applies to such liability as sumed by the insured c. The obligation to defend or the cost of the defense of that indemnitee has also been as sumed by the insured in the same insured contract d. The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the inter ests of the insured and the interests of the in demnitee e. The indemnitee and the insured ask us to conduct and control the defense of that indem nitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and Page 8 of 17 ISO Properties Inc. 2007 CuU 00011207 a | 1 |
f. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit c Notify any other insurer whose coverage is available to the indemnitee and d Cooperate with us with respect to coor dinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attor neys fees incurred by us in the defense of that in demnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of Section I Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litiga tion expenses as Supplementary Payments ends when we have used up the applicable limit of in surance in the payment of judgments or settle ments or the conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHO IS AN INSURED 1. Except for liability arising out of the ownership maintenance or use of covered autos a. If you are designated in the Declarations as 1 An individual you and your spouse are insureds but only with respect to the con duct of a business of which you are the sole owner. 2 A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your busi ness. b 3 A limited liability company you are an in sured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. 4 An organization other than a partnership joint venture or limited liability company you are an insured. Your executive offi cers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also in sureds but only with respect to their liability as stockholders. 5 A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. b. Each of the following is also an insured 1 Your volunteer workers only while per forming duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partner ship joint venture or limited liability com pany 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 con duct of your business. However none of these employees or volunteer workers are insureds for a Bodily injury or personal and advertis ing injury i To you to your partners or members if you are a partnership or joint ven ture 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 busi ness or to your other volunteer workers while performing duties re lated to the conduct of your busi ness ii To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph ai above or iii For which there is any obligation to share damages with or repay some one else who must pay damages because of the injury described in Paragraphs ai or ii above. CU 00011207 ISO Properties Inc. 2007 Page 9 of 17 a | 1 |
b Property damage to property i Owned occupied or used by ii Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. 2 Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. 3 Any person or organization having proper temporary custody of your property if you die but only a With respect to liability arising out of the maintenance or use of that property and b Until your legal representative has been appointed. 4 Your legal representative if you die but only with respect to duties as such. That repre sentative will have all your rights and duties under this Coverage Part. c. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar in surance available to that organization. How ever 1 Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the pol icy period whichever is earlier Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and Coverage B does not apply to personal and advertising injury arising out of an of fense committed before you acquired or formed the organization. 2. Only with respect to liability arising out of the own ership maintenance or use of covered autos a. You are an insured. 2 3 b. Anyone else while using with your permission a covered auto you own hire or borrow is also an insured except 1 The owner or anyone else from whom you hire or borrow a covered auto. This excep tion does not apply if the covered auto is a trailer or semitrailer connected to a cov ered auto you own. Your employee if the covered auto is owned by that employee or a member of his or her household. Someone using a covered auto while he or she is working in a business of selling servicing repairing parking or storing autos unless that business is yours. Anyone other than your employees part ners if you are a partnership members if you are a limited liability company or a lessee or borrower or any of their employ ees while moving property to or from a covered auto. A partner if you are a partnership or a member if you are a limited liability com pany for a covered auto owned by him or her or a member of his or her household. Employees with respect to bodily injury to any fellow employee of the insured aris ing out of and in the course of the fellow employee s employment or while perform ing duties related to the conduct of your business. c. Anyone liable for the conduct of an insured described above is also an insured but only to the extent of that liability. 3. Any additional insured under any policy of under lying insurance will automatically be an insured under this insurance. If coverage provided to the additional insured is required by a contract or agreement the most we will pay on behalf of the additional insured is the amount of insurance required by the contract less any amounts payable by any underlying insur ance. Additional insured coverage provided by this in surance will not be broader than coverage pro vided by the underlying insurance. 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. 2 3 4 5 6 Page 10 of 17 ISO Properties Inc. 2007 CuU 00011207 a | 1 |
SECTION Il LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay re gardless of the number of a. Insureds b. Claims made suits brought or number of vehicles involved or c. Persons or organizations making claims or bringing suits.. The Aggregate Limit is the most we will pay for the sum of all ultimate net loss under a. Coverage A except ultimate net loss be cause of bodily injury or property damage arising out of the ownership maintenance or use of a covered auto and b. Coverage B.. Subject to Paragraph 2. above the Each Occur rence Limit is the most we will pay for the sum of all ultimate net loss under Coverage A because of all bodily injury and property damage arising out of any one occurrence.. Subject to Paragraph 2. above the Personal and Advertising Injury Limit is the most we will pay un der Coverage B for the sum of all ultimate net loss because of all personal and advertising in jury sustained by any one person or organization.. If there is underlying insurance with a policy period that is non concurrent with the policy period of this Commercial Liability Umbrella Coverage Part the retained limits will only be reduced or exhausted by payments for a. Bodily injury or property damage which occurs during the policy period of this Cover age Part or b. Personal and advertising injury for offenses that are committed during the policy period of this Coverage Part. However if any underlying insurance is written on a claims made basis the retained limits will only be reduced or exhausted by claims for that insurance that are made during the policy period or any Extended Reporting Period of this Cover age Part. The Aggregate Limit as described in Paragraph 2. above applies separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy pe riod shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the addi tional period will be deemed part of the last preceding period for purposes of determining the Limits of Insur ance. SECTION IV CONDITIONS 1. Appeals If the underlying insurer or insured elects not to appeal a judgment in excess of the retained limit we may do so at our own expense. We will be li able for taxable costs pre and postjudgment in terest and disbursements. 2. Bankruptcy a. Bankruptcy Of Insured Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. b. Bankruptcy Of Underlying Insurer Bankruptcy of the underlying insurer will not relieve us of our obligations under this Cover age Part. However this insurance will not replace the un derlying insurance in the event of bankruptcy or insolvency of the underlying insurer. This insur ance will apply as if the underlying insurance were in full effect. 3. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense regardless of the amount which may result in a claim. To the extent possible notice should in clude 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written no tice of the claim or suit as soon as practica ble. c. You and any other involved insured must 1 Immediately send us copies of any de mands notices summonses or legal pa pers received in connection with the claim or suit 2 Authorize us to obtain records and other information CU 00011207 ISO Properties Inc. 2007 Page 11 of 17 a | 1 |
3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the en forcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. 4. Legal Action Against Us No person or organization has a right under this Coverage Part a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the ap plicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claim ant s legal representative. 5. Other Insurance a. This insurance is excess over and shall not contribute with any of the other insurance whether primary excess contingent or on any other basis. This condition will not apply to in surance specifically written as excess over this Coverage Part. When this insurance is excess we will have no duty under Coverages A or B to defend the in sured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. b. When this insurance is excess over other in surance we will pay only our share of the ul timate net loss that exceeds the sum of 1 The total amount that all such other insur ance would pay for the loss in the absence of this insurance and 2 The total of all deductible and self insured amounts under all that other insurance. 6. Premium Audit a. We will compute all premiums for this Cover age Part in accordance with our rules and rates. b. Premium shown in this Coverage Part 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 and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computa tion and send us copies at such times as we may request. 7. Representations Or Fraud By accepting this policy you agree a. The statements in the Declarations are accu rate and complete b. Those statements are based upon representa tions you made to us c. We have issued this policy in reliance upon your representations and d. This policy is void in any case of fraud by you as it relates to this policy or any claim under this policy. 8. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this in surance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. 9. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The in sured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. Page 12 of 17 ISO Properties Inc. 2007 CuU 00011207 a | 1 |
10.When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expi ration date. If notice is mailed proof of mailing will be sufficient proof of notice. 11.Loss Payable Liability under this Coverage Part shall not apply unless and until the insured or insured s underly ing insurer has become obligated to pay the re tained limit. Such obligation by the insured to pay part of the ultimate net loss shall have been pre viously determined by a final settlement or judg ment after an actual trial or written agreement be tween the insured claimant and us. 12.Transfer Of Defense When the underlying limits of insurance have been used up in the payment of judgments or settle ments the duty to defend will be transferred to us. We will cooperate in the transfer of control to us of any outstanding claims or suits seeking dam ages to which this insurance applies which would have been covered by the underlying insurance had the applicable limit not been used up. 13.Maintenance Of Changes To Underlying Insurance The underlying insurance listed in the Schedule of underlying insurance in the Declarations shall remain in full effect throughout the policy period except for reduction of the aggregate limit due to payment of claims settlement or judgments. Failure to maintain underlying insurance will not invalidate this insurance. However this insurance will apply as if the underlying insurance were in full effect. If there is an increase in the scope of coverage of any underlying insurance during the term of this policy our liability will be no more than it would have been if there had been no such increase. You must notify us as soon as practicable when any underlying insurance is no longer in effect or if the limits or scope of coverage of any underly ing insurance is changed. 14.Expanded Coverage Territory a. If a suit is brought in a part of the coverage territory that is outside the United States of America including its territories and posses sions Puerto Rico or Canada and we are pre vented by law or otherwise from defending the insured the insured will initiate a defense of the suit. We will reimburse the insured un der Supplementary Payments for any reason able and necessary expenses incurred for the defense of a suit seeking damages to which this insurance applies that we would have paid had we been able to exercise our right and duty to defend. If the insured becomes legally obligated to pay sums because of damages to which this insur ance applies in a part of the coverage terri tory that is outside the United States of Amer ica including its territories and possessions Puerto Rico or Canada and we are prevented by law or otherwise from paying such sums on the insured s behalf we will reimburse the insured for such sums. b. All payments or reimbursements we make for damages because of judgments or settlements will be made in U.S. currency at the prevailing exchange rate at the time the insured became legally obligated to pay such sums. All pay ments or reimbursements we make for ex penses under Supplementary Payments will be made in U.S. currency at the prevailing ex change rate at the time the expenses were in curred. c. Any disputes between you and us as to whether there is coverage under this policy must be filed in the courts of the United States of America including its territories and posses sions Canada or Puerto Rico. d. The insured must fully maintain any coverage required by law regulation or other govern mental authority during the policy period ex cept for reduction of the aggregate limits due to payments of claims judgments or settlements. Failure to maintain such coverage required by law regulation or other governmental authority will not invalidate this insurance. However this insurance will apply as if the required coverage by law regulation or other governmental au thority was in full effect. CU 00011207 ISO Properties Inc. 2007 Page 13 of 17 a | 1 |
SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific mar ket segments about your goods products or ser vices for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding websites only that part of a website that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. Auto means a. A land motor vehicle trailer or semitrailer de signed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a com pulsory or financial responsibility law or other motor vehicle insurance law where it is li censed or principally garaged. However auto does not include mobile equipment. 3. Bodily injury means bodily injury disability sick ness or disease sustained by a person including death resulting from any of these at any time. Bodily injury includes mental anguish or other mental injury resulting from bodily injury. 4. Coverage territory means anywhere in the world with the exception of any country or jurisdiction which is subject to trade or other economic sanc tion or embargo by the United States of America. 5. Covered auto means only those autos to which underlying insurance applies. 6. Employee includes a leased worker. Em ployee does not include a temporary worker. 7. Executive officer means a person holding any of the officer positions created by your charter con stitution by laws or any other similar governing document. 8. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be defective defi cient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by the re pair replacement adjustment or removal of your product or your work or your fulfilling the terms of the contract or agreement. 9. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of prem ises that indemnifies any person or organiza tion for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement c. Any easement or license agreement except in connection with construction or demolition op erations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement f. That part of any contract or agreement entered into as part of your business pertaining to the rental or lease by you or any of your employ ees of any auto. However such contract or agreement shall not be considered an insured contract to the extent that it obligates you or any of your employees to pay for property damage to any auto rented or leased by you or any of your employees. g. That part of any other contract or agreement pertaining to your business including an in demnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraphs f. and g. do not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of con struction 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 employ ees if the auto is loaned leased or rented with a driver or That holds a person or organization en gaged in the business of transporting prop erty by auto for hire harmless for your use of a covered auto over a route or territory that person or organization is authorized to serve by public authority. 2 3 Page 14 of 17 ISO Properties Inc. 2007 CuU 00011207 a | 1 |
10.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. 11.Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. While it is in or on an aircraft watercraft or auto or c. While it is being moved from an aircraft water craft or auto to the place where it is finally de livered 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 at tached to the aircraft watercraft or auto. 12.Mobile equipment means any of the following types of land vehicles including any attached ma chinery 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 main tained primarily to provide mobility to perma nently 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 per manently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building clean ing geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers f. Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the fol lowing types of permanently attached equip ment 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 clean ing geophysical exploration lighting and well servicing equipment. However mobile equipment does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are consid ered autos. 13.Occurrence means an accident including con tinuous or repeated exposure to substantially the same general harmful conditions. 14.Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecution c. The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person oc cupies 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 or ganization or disparages a person s or organi zation s goods products or services e. Oral or written publication in any manner of material that violates a person s right of pri vacy 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. CU 00011207 ISO Properties Inc. 2007 Page 15 of 17 a | 1 |
15.Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. 16.Pollution cost or expense means any loss cost or expense arising out of any a. Request demand order or statutory or regula tory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b. Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. 17.Products completed operations hazard a. Includes all bodily injury and property dam age 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 pos session or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the fol lowing times a When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your con tract calls for work at more than one job site. When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured or 2 The existence of tools uninstalled equip ment or abandoned or unused materials. c 18.Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occur rence that caused it. With respect to the ownership maintenance or use of covered autos property damage also in cludes pollution cost or expense but only to the extent that coverage exists under the underlying insurance or would have existed but for the ex haustion of the underlying limits. For the purposes of this insurance with respect to other than the ownership maintenance or use of covered autos electronic data is not tangible property. As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from com puter software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 19.Retained limit means the available limits of un derlying insurance scheduled in the Declarations or the self insured retention whichever applies. 20.Self insured retention means the dollar amount listed in the Declarations that will be paid by the insured before this insurance becomes applicable only with respect to occurrences or offenses not covered by the underlying insurance. The self insured retention does not apply to occurrences or offenses which would have been covered by underlying insurance but for the exhaustion of applicable limits. 21.Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this in surance applies are alleged. Suit includes a. An arbitration proceeding in which such dam ages are claimed and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution pro ceeding in which such damages are claimed and to which the insured submits with our con sent or the underlying insurer s consent. 22.Temporary worker means a person who is fur nished to you to substitute for a permanent em ployee on leave or to meet seasonal or short term workload conditions. Page 16 of 17 ISO Properties Inc. 2007 CuU 00011207 a | 1 |
23.Ultimate net loss means the total sum after reduction for recoveries or salvages collectible that the insured becomes legally obligated to pay as damages by reason of settlement or judgments or any arbitration or other alternate dispute method entered into with our consent or the un derlying insurer s consent. 24.Underlying insurance means any policies of insurance listed in the Declarations under the Schedule of underlying insurance. 25.Underlying insurer means any insurer who pro vides any policy of insurance listed in the Sched ule of underlying insurance. 26.Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. 27.Your product a. Means 1 Any goods or products other than real property manufactured sold handled dis tributed or disposed of by a You b Others trading under your name or c A person or organization whose busi ness 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 du rability performance or use of your prod uct and 2 The providing of or failure to provide warn ings or instructions. c. Does not include vending machines or other property rented to or located for the use of oth ers but not sold. 28.Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality du rability performance or use of your work and 2 The providing of or failure to provide warn ings or instructions. CU 00011207 ISO Properties Inc. 2007 Page 17 of 17 a | 1 |
COMMERCIAL LIABILITY UMBRELLA CU 00 04 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RECORDING AND DISTRIBUTION OF MATERIAL OR INFORMATION IN VIOLATION OF LAW EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. Exclusion u. of Paragraph 2. Exclusions of Sec B. Exclusion a.17 of Paragraph 2. Exclusions of tion Coverage A Bodily Injury And Proper Section Coverage B Personal And Adver ty Damage Liability is replaced by the following tising Injury Liability is replaced by the following 2. Exclusions 2. Exclusions This insurance does not apply to This insurance does not apply to u. Recording And Distribution Of Material a. Personal and advertising injury Or Information In Violation Of Law 17 Recording And Distribution Of Bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to vi olate 1 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 Accu rate Credit Transaction Act FACTA or Any federal state or local statute ordin ance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the print ing dissemination disposal collecting recording sending transmitting com municating or distribution of material or information. 2 3 4 Material Or Information In Violation Of Law Arising directly or indirectly out of any action or omission that violates or is al leged to violate a The Telephone Consumer Protection Act TCPA including any amend ment of or addition to such law The CAN SPAM Act of 2003 includ ing any amendment of or addition to such law c The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transaction Act FACTA or 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 send ing transmitting communicating or distribution of material or information. b d CU 00 04 05 09 Insurance Services Office Inc. 2008 Page 1 0of 1 m | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 0208 09 00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEBRASKA CHANGES CANCELLATION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modi fied by the endorsement. A. Paragraphs 2. and 3. of the Cancellation Com c. If we cancel this policy subject to 2.a. or mon Policy Condition are replaced by the follow 2.b. above we will mail to the first Named ing Insured a written notice of cancellation 2.a. If this policy has been in effect for 60 days stating the reasons for cancellation at or less we may cancel this policy for any least reason. 1. 10 days before the effective date of b. If this policy has been in effect for more cancellation.f we cancel for nonpay than 60 days or if this is a renewal of a ment of premium or policy we issued we may cancel this pol 2. 60 days before the effective date of icy only for one or more of the following cancellation if we cancel for any other reasons reason. 1 Nonpayment of premium 3. We will mail our notice by first class mail to i i the first Named Insured s last mailing address 2 The policy was obtained through mate known to us. A United States Postal Service Certificate of Mailing shall be sufficient proof of receipt of notice on the third calendar day after the date of the certificate of mailing. If the policy has been in effect 60 days or more or is a renewal or continuation policy and we cancel for a. Nonpayment of premium to a premium finance company or b. Any reason other than non payment of premium notice of cancellation will be sent by regis tered or certified mail. rial misrepresentation 3 Any insured has submitted a fraudulent claim 4 Any insured has violated the terms and conditions of this policy 5 The risk originally accepted has sub stantially increased Certification to the Director of Insur ance of our loss of reinsurance which provided coverage to us for all or a substantial part of the underlying risk insured or 6 7 The determination by the Director of Insurance that the continuation of the policy could place us in violation of the Nebraska Insurance Laws. B. Paragraph 6. of the Cancellation Common Pol icy Condition does not apply. C. Condition 10. When We Do Not Renew of Sec tion IV Conditions is replaced by the follow C. c. If we cancel this policy subject to 2.a. or 2.b. above we will mail to the first Named Insured a written notice of cancellation stating the reasons for cancellation at least 1. 10 days before the effective date of cancellation if we cancel for nonpay ment of premium or 2. 60 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail our notice by first class mail to the first Named Insured s last mailing address known to us. A United States Postal Service Certificate of Mailing shall be sufficient proof of receipt of notice on the third calendar day after the date of the certificate of mailing. If the policy has been in effect 60 days or more or is a renewal or continuation policy and we cancel for a. Nonpayment of premium to a premium finance company or b. Any reason other than non payment of premium notice of cancellation will be sent by regis tered or certified mail. Paragraph 6. of the Cancellation Common Pol icy Condition does not apply. Condition 10. When We Do Not Renew of Sec tion IV Conditions is replaced by the follow ing WHEN WE DO NOT RENEW 1. If we decide not to renew this policy we will mail written notice of nonrenewal stating the reasons for nonrenewal to the first Named Insured at least 60 days prior to the expira tion date of this policy. CU 0208 09 00 Copyright Insurance Services Office Inc. 2000 Page 1 of 1 a | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 21130900 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF LIQUOR LIABILITY EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART Exclusion c. of Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Dam age Liability is replaced by the following c. Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxica tion of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies only if you 1 Manufacture sell or distribute alcoholic beverages 2 Serve or furnish alcoholic beverages for a charge whether or not such activity a Requires a license b Is for the purpose of financial gain or livelihood or 3 Serve or furnish alcoholic beverages without a charge if a license is required for such activity. This exclusion does not apply to the extent that valid underlying insurance for the liquor liabil ity risks described above exists or would have existed but for the exhaustion of underlying lim its for bodily injury and property damage. Coverage provided will follow the provisions exclusions and limitations of the underlying in surance unless otherwise directed by this in surance. 2 Serve or furnish alcoholic beverages for a charge whether or not such activity a Requires a license b Is for the purpose of financial gain or livelihood or 3 Serve or furnish alcoholic beverages without a charge if a license is required for such activity. This exclusion does not apply to the extent that valid underlying insurance for the liquor liabil ity risks described above exists or would have existed but for the exhaustion of underlying lim its for bodily injury and property damage. Coverage provided will follow the provisions exclusions and limitations of the underlying i surance unless otherwise directed by this in surance. CU 21130900 Copyright Insurance Services Office Inc. 2000 Page 1 of 1 a | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 21230202 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad Form This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART I. The insurance does not apply A. Under any Liability Coverage to bodily injury or property damage 1 With respect to which an insured under the policy is also an insured under a nuclear energy liability policy issued by Nuclear En ergy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nu clear Insurance Association of Canada or any of their successors or would be an in sured under any such policy but for its ter mination upon exhaustion of its limit of li ability or Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is re quired to maintain financial protection pur suant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the in sured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organi zation. B. Under any Liability Coverage to bodily injury or property damage resulting from hazard ous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom 2 2 The nuclear material is contained in spent fuel or waste at any time pos sessed handled used processed stored transported or disposed of by or on behalf of an insured or The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this Ex clusion 3 applies only to property dam age to such nuclear facility and any property thereat. Il As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material Spe cial nuclear material or by product material. Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel com ponent solid or liquid which has been used or exposed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentra tion of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or or ganization of any nuclear facility included under the first two paragraphs of the definition of nu clear facility. CU 21230202 ISO Properties Inc. 2001 Page 1 of 2 a | 2 |
Nuclear facility means a b Any nuclear reactor Any equipment or device designed or used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packag ing waste Any equipment or device used for the proc essing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of pluto nium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 d Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the forego ing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioac tive contamination of property. Page 2 of 2 ISO Properties Inc. 2001 CU 2123 02 02 a | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 21300108 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insur ance Act exceed 100 billion in a Program Year January 1 through December 31 and we have met our insurer deductible under the Terrorism Risk Insur ance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in ac cordance with procedures established by the Secre tary of the Treasury. Certified act of terrorism means an act that is certi fied by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism pursu ant to the federal Terrorism Risk Insurance 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. CU 21300108 ISO Properties Inc. 2007 Page 10of 1 m | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 2136 0108 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF PUNITIVE DAMAGES RELATED TO A CERTIFIED ACT OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. The following exclusion is added This insurance does not apply to TERRORISM PUNITIVE DAMAGES Damages arising directly or indirectly out of a certified act of terrorism that are awarded as pu nitive damages. B. The following definition is added Certified act of terrorism means an act that is certified by the Secretary of the Treasury in con currence with the Secretary of State and the Attor ney General of the United States to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act. The criteria contained in the Terror ism Risk Insurance Act for a certified act of terror ism 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 dan gerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian popu lation of the United States or to influence the policy or affect the conduct of the United States Government by coercion. CU 2136 0108 ISO Properties Inc. 2007 Page 10of 1 m | 2 |
COMMERCIAL UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ASBESTOS EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The policy does not apply to bodily injury personal and advertising injury or property damage including any associated clean up obligations arising out of the installation existence removal or disposal of asbestos or any substance containing asbestos fibers. CU72728 06 Includes copyrighted material of ISO Properties Inc. with its permission. Page 1 of 1 | 2 |
COMMERCIAL UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO LIABILITY FOLLOW FORM This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Item 1 of exclusion f. Auto Coverages under Section Coverages Coverage A Bodily Injury and Property Damage Liability is replaced by the following 1 Bodily injury and property damage arising out of the ownership maintenance operation use including loading or unloading or entrustment to others of any auto unless coverage is provided by the insurance specifically listed on the Schedule of underlying insurance. In the event that the coverage provided by this policy applies to liability arising out of the ownership maintenance operation use including loading or unloading or entrustment to others of any auto then the coverage provided by this policy will not be broader than the coverage provided by the insurance specifically listed on the Schedule of underlying insurance. This exclusion does not apply to parking of an auto on or in the ways next to premises you own or rent provided the auto is not owned by rented or loaned to you. CU727312 10 Page 1 0f 1 | 2 |
COMMERCIAL LIABILITY UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL UMBRELLA AMENDMENT OF COVERAGE COMMERCIAL UMBRELLA COVERAGE FORM. Section Coverages Coverage A Bodily Injury and Property Damage Liability 1. Insuring Agreement Paragraph a. is replaced by the following COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay on behalf of the insured the ultimate net loss in excess of the retained limit because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking damages for such bodily injury or property damage when the underlying insurance does not provide coverage or the limits of any underlying insurance have been exhausted. We will have no duty to defend any suit that any other insurer has a duty to defend. When we have no duty to defend we will have the right to defend or to participate in the defense of the insured against any other suit seeking damages to which this insurance may apply. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. At our discretion we may investigate any occurrence that may involve this insurance and settle any resultant claim or suit for which we have the duty to defend. But 1 The amount we will pay for the ultimate net loss is limited as described in Section lll Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. B. The following paragraph is added to Section Coverages Coverage A Bodily Injury and Property Damage Liability Paragraph 1. Insuring Agreement This endorsement modifies insurance provided under the following This policy applies to bodily injury and property damage that is subject to an applicable retained limit. If the underlying insurance shown in the Schedule of underlying insurance in this policy is provided at limits below the Minimum Applicable Limits for underlying insurance listed on the Schedule of underlying insurance this policy does not apply.. Section Coverage B Personal and lit Advertising Injury Liabilif 1. Insuring Agreement Paragraph a. is replaced by the following COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay on behalf of the insured the ultimate net loss in excess of the retained limit because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking damages for such personal and advertising injury when the underlying insurance does not provide coverage or the limits of any underlying insurance have been exhausted. We will have no duty to defend any suit that any other insurer has a duty to defend. When we have no duty to defend we will have the right to defend or to participate in the defense of the insured against any other suit seeking damaged to which this insurance may apply. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. At our discretion we may investigate any offense that may involve this insurance and settle any resultant claim or suit for which we have the duty to defend. But 1 The amount we will pay for the ultimate net loss is limited as described in Section Il Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B. CU727612 10 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f5 | 2 |
No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages Aand B. D. The following paragraph is added to Section Coverages Coverage B Personal and Advertising Injury Paragraph 1. Insuring Agreement This policy applies to personal and advertising injury that is subject to an applicable retained limit. If the underlying insurance shown in the Schedule of underlying insurance in this policy is provided at limits below the Minimum Applicable Limits for underlying insurance listed on the Schedule of underlying insurance this policy does not apply. E. The following paragraph is added to Section Coverages Coverage A Bodily Injury and Property Damage Liability 2. Exclusions Paragraph i.2 Pollution This exception does not apply at or from any oil gas lease premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations. F. Exclusion j. Aircraft or Watercraft under Section Coverages Coverage A Bodily Injury and Property Damage Liability 2. Exclusions is replaced by the following Bodily injury or property damage arising out of the 1 ownership 2 maintenance 3 use 4 entrustment to others or 5 contractual agreement involving the use of any aircraft or watercraft that is 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 1 supervision 2 hiring 3 employment 4 training or 5 monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the 1 ownership 2 maintenance 3 use 4 entrustment to others or 5 contractual agreement involving the use of any aircraft or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent A watercraft you do not own that is a Less than 50 feet long and b Not being used to carry persons or property for a charge Liability assumed under any insured contract for the ownership maintenance or use of watercraft The extent that valid underlying insurance for the watercraft liability risks described above exists or would have existed but for the exhaustion of the limits of such underlying insurance for bodily injury or property damage. Coverage provided under this policy will follow the provisions exclusions and limitations of the underlying insurance unless otherwise directed by this policy.. Exclusion s. Professional Services under Section Coverages Coverage A Bodily Injury and Property Damage Liability 2. Exclusions is replaced by the following s. Professional Services Bodily injury or property damage due to rendering or failure to render any professional service. This includes but is not limited to 1 Legal accounting or advertising services 2 Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications by any architect engineer or surveyor performing services on a project on which you serve as construction manager Inspection supervision quality control architectural or engineering activities done by or for you on a project on which you serve as construction manager Engineering services including related supervisory or inspection services Medical surgical dental x ray or nursing services treatment advice or instruction Any health or therapeutic service treatment advice or instruction 7 Any service treatment advice or instruction for the purpose of appearance or skin enhancement hair removal or replacement or personal grooming or therapy 2 3 4 3 4 G Ccur27612 10 Includes copyrighted material of ISO Properties Inc. with its permission. Page 20f 5 | 2 |
8 Any service treatment advice or instruction relating to physical fitness including service treatment advice or instruction in connection with diet cardio vascular fitness body building or physical training programs Optometry or optical or hearing aid services including the prescribing preparation fitting demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices 10 Body piercing services 11 Services in the practice of pharmacy but this exclusion does not apply if you are a retail druggist or your operations are those of a retail drugstore 12 Law enforcement or firefighting services 13 Handling embalming disposal burial cremation or disinterment of dead bodies 14 Liability arising out of any actual or alleged error misstatement misleading statement act omission neglect or breach of duty by the insured or its directors and officers in the discharge of their duties individually or collectively or any matter claimed against them solely because of their being directors and officers of the insured 15 Liability arising out of the administration of any employee benefit programs 16 Loss caused by any of the following which occur during the discharge of organizational duties a Actual or alleged errors b Misstatement or misleading statement or c Act or omission or neglect or breach of duty by an insured. 17 Liability for errors and omissions that result in violation of odometer truth in lending used car buyers guide prior damage disclosures lemon car or competitive auto parts statutes as well as failure to properly specify loss payables on titles 18 Liability for errors and omissions arising from the placing of credit life accident and health insurance as well as auto physical damage insurance 19 Liability arising out of any error or omission while acting in any fiduciary capacity 20 Data processing or computer software development 21 Services of travel agents and 22 Publishing printing or broadcasting. This exclusion does not apply to the extent that Professional Services liability coverage is provided to you by a policy shown in the Schedule of underlying insurance. H. Exclusion t. Electronic Data under Section I Coverages Coverage A Bodily Injury and Property Damage Liability 2. Exclusions is replaced by the following t. Electronic Data Damages arising out of the loss or loss of use of damage to corruption of inability to access or inability to manipulate electronic data. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. This exclusion does not apply if valid underlying insurance for the electronic data risks described above exists or would have existed but for the exhaustion of underlying limits for bodily injury and property damage. Coverage provided will follow the provisions exclusions and limitations of the underlying insurance unless otherwise directed by this insurance. Exclusions 15 Professional Services under Section Coverages Coverage B Personal and Advertising Injury Liability 2. Exclusions is replaced by the following 15Professional Services Arising out of the rendering or failure to render any professional service. This includes but is not limited to a Legal accounting or advertising services b Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications by any architect engineer or surveyor performing services on a project on which you serve as construction manager Inspection supervision quality control architectural or engineering activities done by or for you on a project on which you serve as construction manager. Engineering services including related supervisory or inspection services Medical surgical dental x ray or nursing services treatment advice or instruction f Any health or therapeutic service treatment advice or instruction g9 Any service treatment advice or instruction for the purpose of appearance or skin enhancement hair removal or replacement or personal grooming or therapy c d e CU727612 10 Includes copyrighted material of ISO Properties Inc. with its permission. Page 30f 5 | 2 |
h Any service treatment advice or instruction relating to physical fitness including service treatment advice or instruction in connection with diet cardiovascular fitness body building or physical training programs i Optometry or optical or hearing aid services including the prescribing preparation fitting demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices i Body piercing services k Services in the practice of pharmacy but this exclusion does not apply if you are a retail druggist or your operations are those of a retail drugstore I Law enforcement or firefighting services m Handling embalming disposal burial cremation or disinterment of dead bodies Liability arising out of any actual or alleged error misstatement misleading statement act omission neglect or breach of duty by the insured or its directors and officers in the discharge of their duties individually or collectively or any matter claimed against them solely because of their being directors and officers of the insured Liability arising out of the administration of any employee benefit programs Loss caused by any of the following which occur during the discharge of organizational duties a. Actual or alleged errors b. Misstatement or misleading statement or c. Act or omission or neglect or breach of duty by an insured q Liability for errors and omissions that result in violation of odometer truth in lending used car buyers guide prior damage disclosures lemon car or competitive auto parts statutes as well as failure to properly specify loss payables on titles r Liability for errors and omissions arising from the placing of credit life accident and health insurance as well as auto physical damage insurance s Liability arising out of any error or omission while acting in any fiduciary capacity t Data processing or computer software development u Services of travel agents and v Publishing printers or broadcasters This exclusion does not apply to the extent that Professional Services liability coverage is provided to you by a policy shown in the Schedule of underlying insurance. n o p J. Condition 6. Premium Audit of Section IV Conditions is replaced by the following 6. PREMIUM AUDIT We will compute all premiums for this coverage part in accordance with our rules and rates. Your premium may be flat or adjustable subject to audit. The Declarations page will show which applies. If your premium is flat no additional premium is normally collected during the policy period unless there is a substantial change in type andor scope of your operations. If there is a substantial change in your operations and if there is an additional charge for your underlying insurance we have the right to charge an additional premium also. If your premium is adjustable we charge you the total advance premium as shown on the policy Declarations and then at the end of the policy period we review your records and determine final premium based upon the predetermined rate and exposure basis shown in the Declarations. Regardless of whether your premium is flat or adjustable the premium amount shown in the Declarations as the minimum will be the least amount that will be charged for this policy unless the policy is cancelled. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. on 5. Other Insurance of Section IV Conditions is replaced by the following 5. OTHER INSURANCE This insurance is excess over and shall not contribute with 1 any other valid and collectible insurance 2 self insurance or 3 deductible amounts whether such other insurance self insurance or deductible is stated to be primary contributing excess contingent or otherwise. This condition does not apply to a policy bought specifically to apply in excess of this insurance. When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we have the right but not the duty to undertake to do so but if we do we will be entitled to the insured s rights against all those other insurers. 7612 10 Includes copyrighted material of ISO Properties Inc. with its permission. Page 4 of 5 Ccur27612 10 | 2 |
c. When this insurance is excess we will pay only our share of the ultimate net loss that exceeds the sum of 1 The total amount that all such other insurance would pay for the loss in the absence of this insurance and 2 The total of all deductible and self insured amounts under all such other insurance. L. The following Definitions under Section V Definitions are replaced by the following 19. Retained Limit means the available limits of all underlying insurance and the self insured retention whichever applies. 24. Underlying Insurance includes a. any policies of insurance listed in the declarations under the Schedule of underlying insurance and b. any other insurance available to the insured whether primary excess excess umbrella umbrella or contingent and irrespective of whether the insured elects to call upon such insurance to respond but only when such other insurance provides the same type of coverage provided in the policies listed in the Schedule of underlying insurance. Underlying insurance does not include any policy which was purchased specifically to apply in excess of the limits of liability that apply under this policy. 25. Underlying Insurer means any insurer which provides any policy of insurance falling within the definition of underlying insurance.. The following definitions under Section V Definitions are amended as follows 2. Auto item b. is deleted. 12. Mobile Equipment The last paragraph regarding mobile equipment subject to compulsory and financial responsibility law or other motor vehicle insurance law is deleted.. Section Il Who is an Insured is amended by adding the following 4. With respect to mobile equipment registered in your name under any motor vehicle registration law any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured but only with respect to liability arising out of the operation of the equipment. However no person or organization is an insured with respect to a. Bodily injury to a coemployee of the person driving the equipment or b. Property damage to property owned by rented to in the charge of or occupied by you or the employer of any person who is an insured under this provision. 0. Fellow Employee Section Il Who is an Insured is amended by adding the following Paragraph 1. b.1ai i and iii and paragraph 2. b.6 and do not apply if valid coverage for injury to co employees andor volunteer workers is listed in the underlying insurance. Duties in the Event of Occurrence Offense Claim or Suit. Paragraph 3.a. of the Duties in The Event Of Occurrence Offense Claim Or Suit Condition Section IV Conditions is replaced by the following 3. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense regardless of the amount which may result in a claim. If you notify and underlying insurer of an occurrence or an offense involving bodily injury or personal and advertising injury you must see to it that we are also notified in writing as soon as practicable. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. CU727612 10 Includes copyrighted material of ISO Properties Inc. with its permission. Page 50f 5 | 2 |
COMMERCIAL UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FOREIGN EXPOSURE FOLLOWING FORM This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM This policy does not apply to bodily injury property damage or personal and advertising injury arising out of any on going operations or bodily injury or property damage included within the products completed operations hazard outside of the United States of America including its territories and possessions Canada and Puerto Rico unless coverage is provided by underlying insurance. Coverage provided by this insurance will not be broader than the coverage provided by the underlying insurance. CU72938 06 Page 1 of 1 | 2 |
COMMERCIAL UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UMBRELLA LIABILITY AMENDMENT FOLLOWING FORM This endorsmenet modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM This endorsement does not apply to liability arising out of the following unless coverage is provided by underlying insurance. Coverage provided by this endorsement will not be broader than such underlying insurance. A. NEWLY ACQUIRED INTERESTS In paragraph 1.c.1 of SECTION Il WHO IS AN INSURED 90th day is changed to 180th day.. DUTIES IN THE EVENT OF OCCURRENCE CLAIM OR SUIT Paragraph 3. of SECTION IV CONDITIONS is amended by the following provision 1. The requirement in Condition 3.a. that you must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim applies only when the occurrence or offense is known to a. You if you are an individual or a limited liability company b. Apartner if you are a partnership c. A manager if you are a limited liability company d. An executive officer or insurance manager if you are a corporation or e. Atrustee if you are a trust. 2. The requirement in Condition 3.b. that you must see to it that we receive notice of a claim or suit as soon as practicable will not be considered breached unless the breach occurs after such claim or suit is known to a. You if you are an individual or a limited liability company b. A partner if you are a partnership c. A manager if you are a limited liability company d. An executive officer or insurance manager if you are a corporation or e. Atrustee if you are a trust. C. UNINTENTIONAL FAILURE TO DISCLOSE EXPOSURES Paragraph 7. REPRESENTATIONS OR FRAUD OF SECTION IV CONDITIONS is replaced as follows 7. REPRESENTATIONS OR FRAUD By accepting this policy you agree a. The statements in the Application are accurate and complete b. The information in underlying insurance is accurate and complete c. Those statements are based upon representations you made to us and d. We have issued this policy in reliance upon your representations. e. This policy may be voided in case of fraud or material misrepresentation by you. If you unintentionally fail to disclose any exposures existing at the inception date of your policy we will not deny coverage under this Coverage Part solely because of such failure to disclose. However this provision does not affect our right to collect additional premium or exercise our right of cancellation or non renewal. This provision does not apply to any known injury or damage which is excluded under any other provision of this policy. CU7404.110 08 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10of 1 | 2 |
COMMERCIAL LIABILITY UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS OCCURRENCE DEFINITION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART For the purposes of the coverage provided by this endorsement Section V DEFINITIONS Paragraph 13. is amended to read Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions and also means accidental property damage but does not include faulty workmanship which is the defective condition of an insured s or subcontractor s work without a change or alteration in your work. CUT43811 09 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10of 1 | 2 |
DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT THIS DISCLOSURE IS ATTACHED TO YOUR POLICY IN RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE ACT. THIS DISCLOSURE DOES NOT GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. SCHEDULE Terrorism Premium Certified Acts If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. C. Cap On Insurer Participation In Payment Of Terrorism Losses A. Disclosure Of Premium In accordance with the federal Terrorism Risk i. If aggregate insured losses attributable to terrorist Insurance Act we are required to provide you with a notice disclosing the portion of your premium if any attributable to coverage for terrorism acts certified under the Terrorism Risk Insurance Act. The portion of your premium attributable to such coverage is shown in the Schedule of this disclosure or in the policy Declarations. Disclosure Of Federal Participation In Payment Of Terrorism Losses The United States Government Department of the acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a Program Year January 1 through December 31 and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. 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. However if aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance 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. The following is required as part of the disclosure notice in MISSOURI The premium above is for certain losses resulting from certified acts of terrorism as covered pursuant to coverage provisions limitations and exclusions in this policy. You should read the definition in your policy carefully but generally speaking certified acts of terrorism are acts that exceed 5 million in aggregate losses to the insurance industry and which are subsequently declared by the U.S. Secretary of the Treasury as a certified terrorist act under the Terrorism Risk Insurance Act. Some losses resulting from certified acts of terrorism are not covered. Read your policy and endorsements carefully. L8383.21 08 Page 10f 1 | 2 |
Libe f. Mutlrlgi. INSURANCE COMMERCIAL LIABILITY UMBRELLA DECLARATIONS Issued by Liberty Insurance Corporation Policy Number RQ1 Z291 469634 018 Producer BFL CANADA RISK AND INSURANCE SERVICES INC 181 UNIVERSITY AVE STE 1700 TORONTO ON M5H 3M7 Renewal of New Business Item 1. Named Insured and Mailing Address Match Marketing Corporation 5225 Satellite Drive Mississauga ON L4W 5P9 Canada The Named Insured is Corporation Item 2. Policy Period 9302018 to 9302019 at 1201 A.M. standard time at above mailing address. Item 3. Limits of Insurance Each Occurrence Limit 20000000 General Aggregate Limit 20000000 Products Completed Operations Aggregate Limit 20000000 Item 4. Self Insured Retention Each Occurrence 0 Item 5. Premium Premium Basis Audit Basis Estimated Exposure Rate Advance Premium Flat Charge 0 15754 Certified Acts of Terrorism Coverage Total Advance Premium 0 15754 Minimum Retained Premium 0 Issued Code Number Account Number Sub Account Number JAD 10262018 99935 9 469603 0900 LCU 00020118 2017 Liberty Mutual Insurance Page 10of 2 | 2 |
Item 6. Underlying Insurance ICoverage Insurer Policy Period Policy Number Limits of Insurance Canadian Employee Benefits Hartford Fire Insurance Company 9302018 to 9302019 37 CPG NI9346 2000000 Each Claim 2000000 Aggregate Canadian Auto Liability Hartford Fire Insurance Company 9302018 to 9302019 37 CPG NI9346 2000000 CSL Canadian General Liability Hartford Fire Insurance Company 9302018 to 9302019 37 CPG NI9346 2000000 Each Occurrence 10000000 General Aggregate 2000000 Products Completed Ops Aggregate 2000000 Pers Adv Injury Limit bility ps CPG NI9346 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 Authorized Company Representative LCU 00020118 2017 Liberty Mutual Insurance Page 2 of 2 | 2 |
SCHEDULE OF FORMS AND ENDORSEMENTS Form Number Form Name LCU 00 02 01 18 LNF 02 01 01 18 LNF 99 01 01 18 LCU 99 05 01 LCU 04 05 01 LCU 04 06 01 LCU 04 11 01 LCU 211370118 LCU 21 19 01 LCU 21 47 01 LCU 21 70 01 LCU 21 83 01 LCU 21 85 01 LCU 24 09 01 LCU 25 09 01 LCU 25 10 01 LCU 29 09 01 18 18 18 18 18 18 18 8 8 18 18 18 18 LNF 21 0201 18 LCU 00 01 01 18 CNI90 09 0118 LIL 90 04 06 13 Commercial Liability Umbrella Declarations Canadian Changes Cancellation Currency Clause Endorsement Declarations Extension Named Insured Non Employment Discrimination Limitation Punitive or Exemplary Damages Most Favorable Jurisdiction Crisis Management Coverage Land or Earth Movement Exclusion Silica or Silica Related Dust Exclusion Damage First Occurring Prior To Policy Period Exclusion Professional Liability Exclusion Including But Not Limited To Specified Operations 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 Non Cumulation Of Liability Same Occurrence Combined Limits of Insurance Multiple Policies Products Completed Operations Hazard Redefined Canadian Terrorism Exclusion Commercial Liability Umbrella Coverage Form Canadian Claims Notice Annual Meeting Notice For attachment to RQ1 291 469634 018 Page1of1 | 2 |
Policy Number RQ1 291 469634 018 Issued by LIBERTY MUTUAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANADIAN CHANGES CANCELLATION The Cancellation condition of the policy is changed to provide that with respect to cancellation by us for nonpayment of premium we will mail or deliver to you written notice of cancellation at least 15 days before the effective date of cancellation but in no event fewer than the number of days required by applicable statute or rule. LNF 02010118 2018 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1of 1 | 2 |
Policy Number RQ1 291 469634 018 Issued by LIBERTY MUTUAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANADIAN CURRENCY CLAUSE All monetary amounts with respect to this policy including but not limited to limits aggregates and payments shall be calculated in Canadian dollars. LNF 99010118 2018 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1of 1 | 2 |
Policy Number RQ1 291 469634 018 Issued by LIBERTY MUTUAL INSURANCE COMPANY 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 Match Marketing Corporation LCU 99050118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number RQ1 291 469634 018 Issued by LIBERTY MUTUAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NON EMPLOYMENT DISCRIMINATION LIMITATION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following is added to SECTION V EXCLUSIONS This insurance does not apply to any liability arising from Discrimination on the basis of race creed national or ethnic origin age gender sexual orientation marital status religion physical capabilities characteristics or condition or mental capabilities or condition but only if such discrimination is 1 Intentionally committed by the insured 2 Committed by at the direction of or with the knowledge or consent of any insured or 3 Prohibited to be insured by applicable law or public policy. However the above paragraph 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. Regardless of the terms of the underlying insurance this insurance does not apply to 1 Liability for the cost of making accommodations required by the Americans with Disabilities Act of 1990 or any amendment thereto or any similar federal state or local law including but not limited to any facility alterations or the acquisition or modification of equipment or devices and 2 Liability arising from employment related practices as set out in Exclusion 13. of this policy. LCU 04050118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number RQ1 291 469634 018 Issued by LIBERTY MUTUAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PUNITIVE OR EXEMPLARY DAMAGES MOST FAVORABLE JURISDICTION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. The following is added to SECTION VI CONDITIONS Choice of Law for Insurability of Punitive or Exemplary Damages Punitive or exemplary damages awarded because of loss covered by this policy will be considered damages covered under SECTION COVERAGES if such punitive or exemplary damages a. Were awarded in a judgment that also awards compensatory damages covered by this policy and b. Are insurable under the law of the jurisdiction that is most favorable to the insurability of such damages amongst the jurisdictions that have a substantial relationship to 1 The insured 2 The suit in which the damages were awarded or 3 This policy. This condition only applies to punitive or exemplary damages covered by this policy and does not apply to any other coverage provided by this policy. B. The following is added to Paragraph 5. of SECTION Il LIMITS OF INSURANCE With respect to punitive or exemplary damages that would not have been insurable under this policy except for the attachment of this endorsement the retained limit will include the amount of all applicable limits of underlying insurance that would have applied to such damages if they were not deemed to be uninsurable under such underlying insurance plus other insurance. LCU 04060118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number RQ1 291 469634 018 Issued by LIBERTY MUTUAL INSURANCE COMPANY 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 Cri Schedule s 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 This insurance applies only if 1 The insured crisis event commences during the policy period 2 Theinsured 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. LCUO04110118 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. Aninsured 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.. The following is added to SECTION Iil 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. 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. The following are added to SECTION VII 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 LCUO04110118 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. 2 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. G 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. 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. 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 a. Chief Executive Officer LCUO04110118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 3of 4 | 2 |
h. 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. LCUO04110118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 4 of 4 | 2 |
Policy Number RQ1 291 469634 018 Issued by LIBERTY MUTUAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LAND OR EARTH MOVEMENT EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following exclusion is added to SECTION V EXCLUSIONS Land or Earth Movement Any liability directly or indirectly caused by arising out of relating to resulting from attributable to contributing to or aggravated by any actual or alleged land or earth movement. Land or earth movement means movement in any direction including but not limited to instability rising upheaval expansion settling sinking shrinkage slipping falling away tilting caving in eroding shifting in a horizontal or sideways direction mud flow mudslide volcanic eruption or earthquake or any other movement of land or earth regardless of the cause whether manmade or natural. LCU 211370118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number RQ1 291 469634 018 Issued by LIBERTY MUTUAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SILICA OR SILICA RELATED DUST EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following exclusion is added to SECTION V EXCLUSIONS Silica or Silica Related Dust b. Bodily injury 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 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 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. LCU21190118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number RQ1 291 469634 018 Issued by LIBERTY MUTUAL INSURANCE COMPANY 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 RQ1 291 469634 018 Issued by LIBERTY MUTUAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PROFESSIONAL LIABILITY EXCLUSION INCLUDING BUT NOT LIMITED TO SPECIFIED OPERATIONS This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following exclusion is added to SECTION V EXCLUSIONS Professional Liability Any liability arising out of the rendering of or failure to render any professional service. This includes but is not limited to b. m. n. Legal accounting and their related services Preparing approving or failing to prepare or approve plans maps drawings opinions reports surveys field orders change orders designs or specifications Architectural engineering surveying or construction management services including related supervisory or inspection services Real estate stock insurance or financial advisor services including services as an agent or broker Medical surgical dental x ray nursing physical therapy or first aid services treatment advice or instruction Any health neutraceutical diet or therapeutic service treatment advice or instruction Skin enhancement hair removal or replacement body piercing tattoo application or removal tanning or any form of personal grooming and appearance service treatment advice or instruction Any service treatment advice or instruction relating to physical fitness including services in connection with massage cardio vascular fitness body building or physical training programs Optometry optical or hearing aid services including the prescribing preparation fitting demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices Services in the practice of pharmacy Law enforcement or firefighting services including inspection services Funeral director services including handling embalming disposal burial cremation or disinterment of dead bodies or remains Veterinary and animal grooming services or Consultation or services in the practice of teaching in an educational institution. 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. LCU21700118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number RQ1 291 469634 018 Issued by LIBERTY MUTUAL INSURANCE COMPANY 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 RQ1 291 469634 018 Issued by LIBERTY MUTUAL INSURANCE COMPANY 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 RQ1 291 469634 018 Issued by LIBERTY MUTUAL INSURANCE COMPANY 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 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 that that provided by underlying insurance. For the purpose of this endorsement Paragraph 2.b. of SECTION COVERAGES is deleted and replaced by the following The bodily injury property damage or personal and advertising injury is caused by an occurrence that takes place in the United States of America including its territories and possessions Puerto Rico and Canada and LCU 24090118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number RQ1 291 469634 018 Issued by LIBERTY MUTUAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NON CUMULATION OF LIABILITY SAME OCCURRENCE This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. The following is added to Paragraph 4. of SECTION Ill LIMITS OF INSURANCE If one occurrence causes bodily injury andor property damage during the policy period and during the policy period of one or more prior andor future umbrella or excess liability policyies issued to you by us then this policy s Each Occurrence Limit will be reduced by the amount of each payment made by us under the other policyies because of such occurrence. This paragraph will not apply to insurance specifically written as excess over this policy. If one occurrence causes personal and advertising Injury to which this policy applies and to which one or more prior andor future umbrella or excess liability policyies issued to you by us also applies then this policy s Each Occurrence Limit will be reduced by the amount of each payment made by us under the other policyies because of such occurrence. This paragraph will not apply to insurance specifically written as excess over this policy. B. Paragraph 7. of SECTION Il LIMITS OF INSURANCE is deleted and replaced by the following The Limits of Insurance of this policy apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the aggregate Limits of Insurance. However the Each Occurrence Limit is the most we will pay for damages because of all bodily Injury property damage and personal and advertising injury arising out of any one occurrence regardless of the length of the policy period. LCU 25090118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number RQ1 291 469634 018 Issued by LIBERTY MUTUAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMBINED LIMITS OF INSURANCE MULTIPLE POLICIES This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The Limits of Insurance listed below are combined and apply collectively not separately to this policy and all policies listed in the Schedule of this endorsement. The combined limits apply regardless of the number of occurrences insureds claims made or suits brought or persons or organizations making claims or bringing suits under this policy or under any of the policies listed in the Schedule of this endorsement. 20000000 Each Occurrence Limit 20000000 General Aggregate Limit 20000000 Products Completed Operations Aggregate Limit Schedule Named Insured Match Marketing Corporation Policy Number TH7 Z91 469603 068 Policy Period 09302018 09302019 Named Insured Policy Number Policy Period Named Insured Policy Number Policy Period LCU25100118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number RQ1 291 469634 018 Issued by LIBERTY MUTUAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRODUCTS COMPLETED OPERATIONS HAZARD REDEFINED This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Schedule Description of Premises and Operations Marketing Events at 199 Scott St Buffalo NY 14201 With respect to bodily injury or property damage arising out of your products manufactured sold handled or distributed 1. On from or in connection with the use of any of your premises described in the Schedule of this endorsement or 2. In connection with the conduct of any of your operations described in the Schedule of this endorsement when conducted by you or on your behalf Paragraph a. of the definition of products completed operations hazard in SECTION VIl DEFINITIONS is deleted and replaced by the following 21. Products completed operations hazard a. Includes all bodily injury and property damage that arises out of your products if the bodily injury or property damage occurs after you have relinquished possession of those products. LCU 29090118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number RQ1 291 469634 018 Issued by LIBERTY MUTUAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANADIAN 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 Bodily injury property damage or personal and advertising injury arising in whole or in part out of terrorism including action in hindering or defending against an actual or expected incident of terrorism. Bodily injury property damage or personal and advertising injury is excluded regardless of any other cause or event that contributes concurrently or in any sequence to such injury or damage. In the event of any incident of terrorism that is not subject to this exclusion coverage does not apply to any bodily injury property damage or personal and advertising injury that is otherwise excluded under this policy. As used in this exclusion the definition of terrorism means activities against persons organizations or property of any nature 1. That involve the following or preparation for the following a. Use or threat of force or violence or b. Commission or threat of a dangerous act or c. Commission or threat of an act that interferes with or disrupts an electronic communication information or mechanical system and 2. When one or both of the following applies a. The effect is to intimidate or coerce a government or the civilian population or any segment thereof or to disrupt any segment of the economy or b. It appears that the intent is to intimidate or coerce a government or to further political ideological religious social or economic objectives or to express or express opposition to a philosophy or ideology. LNF 21020118 2018 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1of 1 | 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 VII 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 occur. 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. Inthe 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 |
7. 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. Thetotal 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. 5. 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. 6. 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. 7. Damage to Your Product Property damage to your product arising out of it or any part of it. 8. 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. If the 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 i 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 |
18. e. g. 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. Personal and Advertising Injury b. 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 Arising 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 Arising 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.3 of the definition of mobile equipment or 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. 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. 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. Changes This policy may be amended only by a written endorsement to this policy issued by us. 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 aclaim 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. 7. 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. 8. 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. 9. 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. 11. 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. If any insured has rights to recover all or part of any payment we have made under this policy those rights are transferred to us. The insured 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 |
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