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COMMERCIAL LIABILITY UMBRELLA CU 01830107 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ALASKA CONDITIONAL EXCLUSION OF TERRORISM INVOLVING NUCLEAR BIOLOGICAL OR CHEMICAL TERRORISM RELATING TO DISPOSITION OF FEDERAL TERRORISM RISK INSURANCE ACT This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. Applicability Of The Provisions Of This Endorsement 1. The provisions of this endorsement be come applicable commencing on the date when any one or more of the following first occurs. But if your policy meaning the pol icy period in which this endorsement ap plies begins after such date then the pro vislons of this endorsement become applicable on the date your policy begins. a. The federal Terrorism Risk Insurance Program Program established by the Terrorism Risk Insurance Act has ter minated with respect to the type of in surance provided under this Coverage Part or b. A renewal extension or replacement of the Program has become effective with out a requirement to make terrorism coverage available to you and with revi sions that 1 Increase our statutory percentage deductible under the Program for ter rorism losses. That deductible de termines the amount of all certified terrorism losses we must pay in a calendar year before the federal government shares in subsequent payment of certified terrorism loss es. or Decrease the federal government s statutory percentage share in poten tial terrorism losses ahove such de ductible or 2 3 Redefine terrorism or make insur ance coverage for terrorism subject to provisions or requirements that differ from those that apply to other types of events or occurrences under this policy. 2. If the provisions of this endorsement be come applicable such provisions a. Supersede any terrorism endorsement already endorsed to this policy that ad dresses certified acts of terrorism andlor other acts of terrorism but only with respect to an incidents of terror ism however defined which results in injury or damage that occurs on or after the date when the provisions of this en dorsement become applicable for claims made policies such an endorse ment is superseded only with respect to an incident of terrorism however de fined that results in a claim for injury or damage first being made on or after the date when the provisions of this en dorsement become applicable and b. Remain applicable unless we notify you of changes in these provisions in re sponse to federal law.. If the provisions of this endorsement do NOT hecome applicable any terrorism en dorsement already endorsed to this policy that addresses certifled acts of terrorism andlor other acts of terrorism will con tinue in effect unless we notify you of changes to that endorsement in response to federal law. 3 Redefine terrorism or make insur ance coverage for terrorism subject to provisions or requirements that differ from those that apply to other types of events or occurrences under this policy. 2. If the provisions of this endorsement be come applicable such provisions a. Supersede any terrorism endorsement already endorsed to this policy that ad dresses certified acts of terrorism andlor other acts of terrorism but only with respect to an incidents of terror ism however defined which results in injury or damage that occurs on or after the date when the provisions of this en dorsement become applicable for claims made policies such an endorse ment is superseded only with respect to an incident of terrorism however de fined that results in a claim for injury or damage first being made on or after the date when the provisions of this en dorsement become applicable and b. Remain applicable unless we notify you of changes in these provisions in re sponse to federal law. 3. I the provisions of this endorsement do NOT hecome applicable any terrorism en dorsement already endorsed to this policy that addresses certifled acts of terrorism andlor other acts of terrorism will con tinue in effect unless we notify you of changes to that endorsement in response to federal law. Page 1 of 2 o 180 Properties Inc. 20058 CuU 01830107 | 2 |
B. The following definitions are added and apply under this endorsement wherever the term terror ism or the phrase any injury or damage are en closed in quotation marks 1. Terrorism means activities against persons organizations or property of any nature a. That involve the following or preparation for the following 1 Use or threat of force or violence or 2 Commission or threat of a dangerous act or 3 Commission or threat of an act that interferes with or disrupts an electronic communication information or mechan ical system and b. When one or both of the following applies 1 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 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. 2 Any injury or damage means any injury or damage covered under any Coverage Part or underlying insurance to which this endorse ment is applicable and includes but is not lim ited to bodily injury property damage per sonal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part or underlying in surance. 2 C. The following exclusion is added EXCLUSION OF TERRORISM We wilt not pay for any injury or damage caused by terrorism including action in hindering or de fending against an actual or expected incident of terrorism. But this exclusion applies only when one or more of the following are attribut ed to an incident of terrorism 1. The terrorism is carried out by means of the dispersal or application of radioactive material or through the use of a nuclear weapon or de vice that involves or produces a nuclear reac tion nuclear radiation or radioactive contami nation or 2. Radioactive materiaf is released and it ap pears that one purpose of the terrorism was to release such material or 3. The terrorism is carried out by means of the dispersal or application of pathogenic or poi sonous biological or chemical materials or 4. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials. In the event of any incident of terrorism that is not subject to this Exclusion coverage does not apply to any injury or damage that is otherwise excluded under this Coverage Part. This endorsement is executed by the LIBERTY INSURANCE CORPORATION Premium Effective Date Explration Date For altachment to Policy No. TH7 841 444022 014 Audit Basis Issued To Countersigned by Authorized Representative Sales Office and No. End. Serial No. 29 Issued CuU 01830107 m ISO Properties Inc. 2005 Page 2 of 2 | 2 |
COMMERGCIAL LIABILITY UMBRELLA CU 21450107 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONDITIONAL EXCLUSION OF TERRORISM INVOLVING NUCLEAR BIOLOGICAL OR CHEMICAL TERRORISM RELATING TO DISPOSITION OF FEDERAL TERRORISM RISK INSURANCE ACT COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. Applicability Of The Provisions Of This Endorsement 1. The provisions of this endorsement bhe come applicable commencing on the date when any one or more of the following first occurs. But if your policy meaning the pol icy period in which this endorsement ap plies begins after such date then the pro visions of this endorsement hecome applicable on the date your policy begins. a. The federal Terrorism Risk nsurance Program Program established by the Terrorism Risk Insurance Act has ter minated with respect to the type of in surance provided under this Coverage Part or b. A renewal extension or replacement of the Program has become effective with out a requirement to make terrorism coverage avallable to you and with revi slons that 1 Increase our statutory percentage deductible under the Program for ter rorism losses. That deductible de termines the amount of all certified terrorism losses we must pay in a calendar year before the federal government shares in subsequent payment of certified terrorism loss es. or Decrease the federal government s statutory percentage share in poten tial terrorism losses above such de ductible or 2 This endorsement modifies insurance provided under the following 3 Redefine terrorism or make insur ance coverage for terrorism subject to provisions or requirements that differ from those that apply to other types of events or occurrences under this policy. 2. If the provisions of this endorsement be come applicable such provisions a. Supersede any terrorism endorsement already endorsed to this policy that ad dresses certified acts of terrorism andor other acts of terrorism but only with respect to an incidents of terror ism however defined which resuits in injury or damage that occurs on or after the date when the provisions of this en dorsement become applicable for claims made policies such an endorse ment is superseded only with respect to an incident of terrorism however de fined that resuits in a claim for injury or damage first being made on or after the date when the provisions of this en dorsement become applicable and b. Remain applicable unless we notify you of changes in these provisions in re sponse to federal law.. If the provisions of this endorsement do NOT become applicable any terrorism en dorsement already endorsed to this policy that addresses certified acts of terrorism andlor other acts of terrorism will con tinue In effect unless we notify you of changes to that endorsement in response to federal law. 3 Redefine terrorism or make insur ance coverage for terrorism subject to provisions or requirements that differ from those that apply to other types of events or occurrences under this policy. 2. If the provisions of this endorsement be come applicable such provisions a. Supersede any terrorism endorsement already endorsed to this policy that ad dresses certified acts of terrorism andor other acts of terrorism but only with respect to an incidents of terror ism however defined which resuits in injury or damage that occurs on or after the date when the provisions of this en dorsement become applicable for claims made policies such an endorse ment is superseded only with respect to an incident of terrorism however de fined that resuits in a claim for injury or damage first being made on or after the date when the provisions of this en dorsement become applicable and b. Remain applicable unless we notify you of changes in these provisions in re sponse to federal law.. If the provisions of this endorsement do NOT become applicable any terrorism en dorsement already endorsed to this policy that addresses certified acts of terrorism andlor other acts of terrorism will con tinue In effect unless we notify you of changes to that endorsement in response to federal law. Page 1 of 2 m 180 Properties Inc. 2005 CU 21450107 | 2 |
B. The following definitions are added and apply under this endorsement wherever the term terror ism or the phrase any injury or damage are en closed in quotation marks 1. Terrorism means activities against persons organizations or property of any nature a. That involve the following or preparation for the following 1 Use or threat of force or violence or 2 Commission or threat of a dangerous act or 3 Commission or threat of an act that interferes with or disrupts an electronic communication information or mechan ical system and b. When one or both of the following applies 1 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 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. 2. Any injury or damage means any injury or damage covered under any Coverage Part or underlying insurance to which this endorse ment is applicable and includes but is not lim ited to bodily injury property damage per sonal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part or underlying in surance. 2 C. The following exclusion is added EXCLUSION OF TERRORISM We will not pay for any injury or damage caused directly or indirectly by terrorism including action in hindering or defending against an actual or ex pected incident of terrorism. Any injury or dam age is excluded regardless of any other cause or event that contributes concurrently or in any se quence to such injury or damage. But this exclu sion applies only when one or more of the fol lowing are attributed to an incident of terrorism 1. The terrorism is carried out by means of the dispersal or application of radioactive material or through the use of a nuclear weapon or de vice that involves or produces a nuclear reac tion nuclear radiation or radioactive contami nation or 2. Radioactive material is released and it ap pears that one purpose of the terrorism was to release such material or 3. The terrorism is carried out by means of the dispersal or application of pathogenic or poi sonous biological or chemical materials or 4. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials. In the event of any incident of terrorism that is not subject to this Exclusion coverage does not apply to any injury or damage that is otherwise excluded under this Coverage Part. This endorsement is executed by the LIBERTY INSURANCE CORPORATION Premium Effective Date Expiration Date For attachment to Policy No. TH7 641 444022 014 Audit Basls Issued To Countersigned by Authonzed Representative Sales Office and No. End. Serial No. 30 lssued CU 21450107 ISO Properties Inc. 2005 Page 2 of 2 | 2 |
COMMERCIAL LIABILITY UMBRELLA CuU 01870107 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON CONDITIONAL EXCLUSION OF TERRORISM INVOLVING NUCLEAR BIOLOGICAL OR CHEMICAL TERRORISM RELATING TO DISPOSITION OF FEDERAL TERRORISM RISK INSURANCE ACT This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. Applicability Of The Provisions Of This Endorsement 1. The provisions of this endorsement be come applicable commencing on the date when any one or more of the following first occurs. But If your policy meaning the pol icy period in which this endorsement ap plies begins after such date then the pro visions of this endorsement become applicable on the date your policy begins. a. The federal Terrorism Risk Insurance Program Program established by the Terrorism Risk Insurance Act has ter minated with respect to the type of in surance provided under this Coverage Part or b. A renewal extension or replacement of the Program has become effective with out a requirement to make terrorism coverage avallable to you and with revi sions that 1 Increase our statutory percentage deductible under the Program for ter rorism losses. That deductible de termines the amount of all certified terrorism losses we must pay in a calendar year before the federal government shares in subsequent payment of certified terrorism loss es. or Decrease the federal government s statutory percentage share in poten tial terrorism losses above such de ductible or 2 3 Redefine terrorism or make insur ance coverage for terrorism subject to provisions or requirements that differ from those that apply to other types of events or occurrences under this policy. 2 If the provisions of this endorsement be come applicable such provisions a. Supersede any terrorism endorsement already endorsed to this policy that ad dresses certified acts of terrorism andor other acts of terrorism but only with respect to an incidents of terror ism however defined which results in injury or damage that occurs on or after the date when the provisions of this en dorsement become applicable for claims made policies such an endorse ment is superseded only with respect to an incident of terrorism however de fined that results in a claim for injury or damage first being made on or after the date when the provisions of this en dorsement become applicable and b. Remain applicable unless we notify you of changes in these provisions in re sponse to federal law. 3. If the provisions of this endorsement do NOT become applicable any terrorism en dorsement already endorsed to this policy that addresses certified acts of terrorism andor other acts of terrorism will con tinue in effect unless we notify you of changes to that endorsement in response to federal law. 3 Redefine terrorism or make insur ance coverage for terrorism subject to provisions or requirements that differ from those that apply to other types of events or occurrences under this policy. 2 If the provisions of this endorsement be come applicable such provisions a. Supersede any terrorism endorsement already endorsed to this policy that ad dresses certified acts of terrorism andor other acts of terrorism but only with respect to an incidents of terror ism however defined which results in injury or damage that occurs on or after the date when the provisions of this en dorsement become applicable for claims made policies such an endorse ment is superseded only with respect to an incident of terrorism however de fined that results in a claim for injury or damage first being made on or after the date when the provisions of this en dorsement become applicable and b. Remain applicable unless we notify you of changes in these provisions in re sponse to federal law. 3. If the provisions of this endorsement do NOT become applicable any terrorism en dorsement already endorsed to this policy that addresses certified acts of terrorism andor other acts of terrorism will con tinue in effect unless we notify you of changes to that endorsement in response to federal law. Page 1 of 2 m ISO Properties Inc. 2005 CU 013870107 | 2 |
B. The following definitions are added and apply under this endorsement wherever the term terror ism or the phrase any injury or damage are en closed in quotation marks 1. Terrorism means activities against persons organizations or property of any nature a. That involve the following or preparation for the following 1 Use or threat of force or violence or 2 Commission or threat of a dangerous act or 3 Commission or threat of an act that interferes with or disrupts an electronic communication information or mechan ical system and b. When one or both of the following applies 1 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 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. 2. Any injury or damage means any injury or damage covered under any Coverage Part or underlying insurance to which this endorse ment is applicable and includes but is not lim ited to bodily injury property damage per sonal and advertising injury injury or gnvironmental damage as may be defined in any applicable Coverage Part or underlying in surance. 2 C. The following exclusion is added EXCLUSION OF TERRORISM We will not pay for any injury or damage caused directly or indirectly by terrorism including action in hindering or defending against an actual or ex pected incident of terrorism. But this exclusion applies only when one or more of the following are attributed to an incident of terrorism 1. The terrorism is carried out by means of the dispersal or application of radioactive material or through the use of a nuclear weapon or de vice that involves or produces a nuclear reac tion nuclear radiation or radioactive contami nation or 2 Radioactive material is released and it ap pears that one purpose of the terrorism was to release such material or 3. The terrorism is carried out by means of the dispersal or application of pathogenic or poi sonous biological or chemical materials or 4. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materlals. In the event of any incident of terrorism that is not subject to this Exclusion coverage does not apply to any injury or damage that is otherwise excluded under this Coverage Part. This endorsement is executed by the LIBERTY INSURANCE CORPORATION Premium Effective Date Expiration Date For altachment fo Poficy No. TH7 641 444022 014 Audit Basis Issued To Countersigned by Authorized Representative Sales Office and No. End. Serial No. 31 Issued CU 0187 0107 a 1S0 Properties Inc. 2005 Page 2 of 2 | 2 |
COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Various provisions in this policy restrict coverage. lRsad 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. First Named Insured means the person or organization shown as the Named Insured In the Declarations or if more than one name appears the Named Insured listed first in the Declarations. 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 quotation marks have special meaning. If not defined in the section in which they first appear refer to SECTION V DEFINITIONS. SECTION COVERAGES 1. Insuring Agreement a. We will pay those sums in excess of the retained limit that the insured becomes legally obligated to pay as damages bhecause of 1 Bodily injury 2 Property damage or 3 Personal and advertising injury to which this insurance applies. The amount we will pay for damages is limited as described in SECTION il LIMITS OF INSURANCE b. We will have the right and duty to defend any suit seeking damages covered by this insurance by counsel of our choice when 1 The total applicable fimits of underlying insurance have been exhausted by payment of judgments or settlements or 2 The damages sought because of bodily injury property damage or personal and advertising injury 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 all or a portion of that sult Our right and duty to defend any suit including any suit which is pending at the time of exhaustion end when we have exhausted the applicable limit of insurance of this policy in the payment of judgments or settiements. We may at our discretion investigate any occurrence and settle part or all of any claim or suit that may resuit. We have the right but not the duty at our expense to defend any suit or to retain an attorney to associate with the insured or any counsel for the purpose of defending any claim or suif LCU 00 01 11 10 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 30 | 0 |
which we are not obligated to defend but which in our opinfon may require payment under this policy. The Insured at our request will assist us and cooperate fully in the handling and defense of all claims or suits and in enforcing all rights to salvage contribution subrogation or indemnity that may affect our obligations under this policy. If we have a duty to defend a claim or sult but can not legally do so in the country in which the claim is made or the sult is brought you agree to investigate and defend the claim or suit. You may also seftle the claim or suit but only with our prior written consent. Subject to the applicable limits of insurance we will reimburse the insured for our share of any damages or settiement in excess of the retalned limit. We will reimburse the insured for our share of the reasonable costs of such investigation and defense.. This insurance applies only if 1 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 during the policy period The bodily injury property damage or personal and advertising Injury Is caused by an occurrence that takes place anywhere in the world. However if coverage for a claim or suit under this policy would violate any economic or trade sanctions of the United States of America including but not limited to sanctions administered and enforced by the United States Treasury Department s Office of Foreign Assets Control OFAC then coverage for that claim or sult will be and void and 2 Prlor fo the policy period no insured listed under Paragraph 1. of SECTION Il WHO IS AN INSURED and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred In whole or in part. 3 Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of SECTION Il WHO IS AN INSURED or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of such bodily injury or property damage to us or any other insurer 2 Receives a written or oral demand or claim for damages because of such 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. 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 fo occur by any insured listed under Paragraph 1. of SECTION 1l 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 LCU 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission Page 2 of 30 | 1 |
resumption of that bodily injury or property damage after the end of the policy period. As used in.3 d. and e. above an insured listed under Paragraph 1. of SECTION Il WHO IS AN INSURED does not include a stockholder who Is not otherwise an insured. 2 Exclusions This insurance does not apply to a. Expected or Intended Injury Bodily injury or property damage arising out of an act that 1 Is intended by the insured or 2 Would be expected from the standpoint of a reasonable person in the circumstances of the insured. to cause bodily injury or property darage even if the actual bodily injury or property damage is of a different degree or type than intended or expected. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. b. Contractual Liabllity Any obligation of the insured by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have In the absence of the contract or agreement or 2 Because of 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 contract or agreement. Solely for the purposes of fiability assumed in an Insured contract reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and b Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this Insurance applies are alleged.. 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 LCU 0001 11 10 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of insurance Services Office Inc. with its permission. Page 3 of 30 | 1 |
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 are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. This exclusion does not apply however if the bodily injury or property damage Is covered by underlying insurance Coverage provided will follow the terms definitions conditions and exclusions of underlying insurance subject to the policy period limits of insurance premium and all other terms definitions conditions and exclusions of this policy except that the coverage provided will be no broader than the coverage provided by underlying insurance. Workers Compensation and Similar Laws Any obligation of the insured under a workers compensation law disability benefits law unemployment compensation law or any similar law. ER.IS.A. Any obligation of the insured under the Employees Retirement Income Security Act E.R.1.S.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 use or entrustment to others including the supervision hiring employment tralning or monitoring of others by the insured of any auto. Use Includes operation and loading or unloading. This exclusion does not apply however if the bodily injury or property damage is covered by underlying irisurance Coverage provided will follow the terms definitions conditions and exclusions of underlying Insurance subject to the policy period limits of insurance premium and all other terms definitions conditions and exclusions of this policy except that the coverage provided will be no broader than the coverage provided by underlying insurance. 2 Any loss cost or expense payable under or resuilting from a first party physical damage coverage no fault law personal injury protection or auto medical payments coverage or uninsured or underinsured motorist law except to the extent coverage is specifically provided by endorsement to this policy. Employer s Liability Bodily injury to 1 Anemployee 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. LCU 0001 1110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 4 of 30 | 1 |
This exclusion applies whether the insured may be liable as an employer or In any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury.. This exclusion does not apply to liability assumed by the insured under an insured contract. This exclusion does not apply however if the bodily injury is covered by underlying Insurance Coverage provided will follow the terms definitions conditions and exclusions of underlying insurance subject to the policy period limits of insurance premium and ali other terms definitions conditions and exclusions of this policy except that the coverage provided by this policy will be no broader than the coverage provided by underlying insurance. Employment Related Practices. Bodily injury or personal and advertising injury to 1 A person arlsing out of any a Refusal to employ that person b Termination of that person s employment or Employment related practices policles acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation or discrimination directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodlly injury or personal and advertising Injury to that person at whom any of the employment related practices described in Paragraphs 1a b or above is directed This exclusion applles 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. Pollution 1 Bodily injury property damage or personal and advertising injury which would not have oceurred in whole or in part but for the actual alleged potential or threatened discharge dispersal seepage migration release or escape of pollutanis at any time whether included in a product or otherwise. N. Paragraph 1 of this exclusion does not apply to coverage described in a through e below if the bodily injury or property damage is covered by underlying insurance. Coverage will follow the terms definitions conditions and exclusions of underlying insurance subject to the policy period limits of insurance premium and all other terms definitions conditions and exclusions of this policy except that coverage provided will be no broader than the coverage provided by underlying insurance. a Bodily injury if sustained within a building which is or was at any time owned or occupled by or rented or loaned to any Insured and caused by smoke fumes vapor or soot produced by or orlginating 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 VUVUPEIRS W U guesen LCU 00 01 11 10 2010 Liberty Mutual Group of Companies. Al rights reserved. Includes copyrighted materlal of Insurance Services Office Inc. with its permission. Page 5 of 30 | 1 |
b Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire unless that hostile fire occurred or originated i At any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste or i At any 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 fo test for monitor clean up remove contaln treat detoxify neutralize or in any way respond to or assess the effects of pollutants 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 but only if the escape of fuels lubricants or other operating fluids occurs at or from any premises site or location on which any insured or any coniractors or subcontractors working directly or indirectly on any insured s behalf are performing operations and the fuels lubricants or other operating fluids are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. 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 flulds 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 perlormed by such insured contractor or subcontractor c d Bodlly 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 belng performed by you or on your behalf by a contractor or subcontractor or Bodily injury or property damage arising out of the escape of fuels lubricants flulds exhaust gases or other similar poliutants that are needed for or result from the normal electrical hydraulic or mechanical functioning of a covered auto or its parts If e 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 il The bodily injury or property damage does not arise out of the operation of any equipment shown in Paragraphs f2 and f3 of the definition of mobile equipment. 2 Pollution cost or expense. This exclusion I. 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. Aircraft or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or LCU 00011110 2010 Liberty Mutual Group of Companies. All rights. reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 6 of 30 | 1 |
entrustment to others of any aircraft or watercraft owned or operated by or rented or loaned fo 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 if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft or watercraft owned or operated by or rented or loaned to any insured. This exclusion does not apply if the bodily Injury or property damage is covered by underlying Insurance. Coverage provided will follow the terms definitions conditions and exclusions of underlying Insurance subject to the policy period limits of insurance premium and all other terms definitions conditions and exclusions of this policy except that the coverage provided will be no broader than the coverage provided by underlying Insurance War Bodlly injury property damage or personal and advertising injury however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warllke action by a military force including action in hindering or defending against an actual or expected atfack by any government soversign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. 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 prevention of injury to a person or damage fo another s property or b Owned or transported by the insured and arising out of the ownership maintenance or use of a covered auto 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you 4 Property in the care custody or control of the insured 5 That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or LCU 00 0111 10 2010 Liberty Mutual Group of Companies. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 7 of 30 | 1 |
6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupled rented or held for rental by you. Paragraphs 1b 3 4 5 and 6 of this exclusion do not apply to liability assumed under 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 properly damage included in the products completed operations hazard. m Damage to Your Product Property damage to your product arising out of it or any part of it. n. 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 behaif by a subcontractor. 0. 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 dangerous condition in your product or your work or A delay or fallure 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. p. 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 repalr replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficlency inadequacy or.CU 00011110 2010 Liberty Mutual Group of Companies. All rights Page 8 of 30. reserved. Includes copyrighted material of Insurance Services LCU 00011110 2010 Liberty Mutual Group of Companies. All rights. reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission | 1 |
dangerous condition in it. g. Personal and Advertising Injury Personal and advertising injury 1 Arising out of an offense committed by or on behalf of the Insured that a Is intended by such insured or b Would be expected from the standpoint of a reasonable person in the circumstances of such Insured to cause injury 2 Arlsing out of the oral or written publication of material if done by or at the direction of the insured with knowledge of its falsity 3 Arising out of the oral or wrilten publication of material whose content in the same or substantially the same form was published in any medium before the beginning of the policy period 4 Arising out of a breach of confract except an implied contract to use another s advertising idea in your advertisement 5 Arising out of the failure of goods products or services to conform with any statement of quality or performance made In your advertisement 6 Arising out of the wrong description of the price of goods products or services stated in your advertisement 7 Arising out of a Infringement of or any other violation relating to copyright patent trademark service mark trade name trade dress or other intellectual property right b Theft of trade secret c Misappropriation or d False advertising false marking false designation of origin or authenticity. However this Paragraph 7 does not apply to a Infringement of copyright trade dress or slogan committed in your advertisement b The unauthorized use in your advertisement of another s idea for an advertisement or c Oral or written publication of material that violates a person s right of privacy by misappropriation of that person s name or likeness 8 Committed by an insured whose business is LCuU 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted materlal of Insurance Services Office Inc. with its permission. Page 9 of 30 | 1 |
9 10 12 a Advertising broadcasting printing publishing or telecasting b Designing or determining content of websites for others or c An Internet search access content or service provider. However this Paragraph 8 does not apply to Paragraphs a. b. and c. of the definition of personal and advertising injury under SECTION V DEFINITIONS. For purposes of this Paragraph 8 the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by ilself considered the business of adverlising broadcasting printing publishing or telecasting Arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control. Arlsing 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 Arising out of a criminal act committed by or at the direction of the insured or Arising out of the actual threatened or potential release disclosure or distribution of personal medical or financial Information. r. Electronic Data Bodily injury property damage or personal and advertising injury arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. s. Asbestos Bodlly Injury property damage or personal and advertising injury arising out of or caused by or allegedly caused by asbestos either alone or in combination with other substances or factors. t. Fungi or Bacterla Bodily injury property damage or personal and advertising injury arising out of or related in any way to fungl or bacteria the exposure to fungl or bacteria or any claims arising from fungi or bacteria. This includes but is not limited to Bodily injury property damage or personal and advertising injury which would not have oceurred 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 regardiess of whether any other cause event material or product contributed concurrently or in any sequence to such injury or damage or 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 bacterta that are on or are contained In a good or LCu 0001 11 10 2010 Liberty Mutual Group of Companies. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 10 of 30 | 1 |
product intended for humans to eat. u. Nuclear Energy 1 Bodily injury property damage or personal and advertising injury a 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 Assoclation Mutual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its limit of insurance or b Resulting from the hazardous properties of nuclear material and with respect to which 1 any person or organization Is required to maintaln financlal protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or lf the insured Is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization. 2 Bodily injury property damage or personal and advertslng nJury resulting from the hazardous properties of nuclear material if a The nuclear material i is at any nuclear facility owned by or operated by or on behalf of an Insured or ii has been discharged or dispersed therefrom b The nuclear materlal 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 The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipmeni in connection with the planning construction maintenance operation or use of any nuclear facility but if such facllity is located within the United States of America its ferritories or possessions or Canada this Paragraph c applies only to property damage to such nuclear facility and any property thereat As used in this exclusion 1 Hazardous properties includes radioactive toxic or explosive properties. 2 Nuclear material means source material speclal nuclear material or by product material. 3 Source material special nuclear material and by product materlal have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. 4 Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor 5 Waste means any waste material LCU 000111 10 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 11 of 30 | 1 |
a containing by product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorlum from any ore processed primarily for its source material content and b resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility. 6 Nuclear facility means a Any nuclear reactor b Any equipment or device designed or used for i separating the isotopes of uranium or plutonium i processing or utilizing spent fuel or ifi handling processing or packaging waste 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 devics is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 d Any structure basin excavation premises or place prepared or used for the storage or disposal of waste. and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. 7 Nuclear reactor means any apparatus designed or used to sustain nuclear flssion in a self supporting chain reaction or to contain a critical mass of fissionable material 8 Property damage includes all forms of radioactive contamination of property. v. Recording And Distribution Of Material Or Information In Violation Of Law Exclusion Bodily injury property damage or personal and advertising injury arlsing directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consunier Protection Act TCPA including any amendment of or addition to such law. 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transaction Act FACTA or. 4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of materlal or information. LCU 0001 1110 2010 Liberty Mutual Group of Companies. All rights Page 12 of 30 reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. es. All rights ranca Servicea | 1 |
w. Drivers Privacy Protection Act Bodily injury property damage or personal and advertising Injury arising directly or indirectly out of any action or omlssion that violates or is alleged fo violate the Drivers Privacy Protection Act of 1994 DPPA including any amendment of or addition to such law. X Unlawful Discrimination Bodily injury property damage or personal and advertising injury arising out of uniawful discrimination. y. Radioactive Matter Bodily injury property damage or personal and advertising injury arising out of related in any way to caused by or allegedly caused by any exposure fo or the presence of radiation andor radioactive matter either alone together or in combination with other substances or factors whether included in a product or otherwise. z. Securities Bodily injury property damage or personal and advertising injury arising out of related in any way o caused by or allegedly caused by 1 Any violation of any securities law or any law or part of any law that regulates the sale purchase offer for sale transfer or solicitation of securities or any regulation promulgated thereunder. 2 The purchase sale offer of sale transfer or solicitation of any security debt insurance policy bank deposit or financial interest or instrument 3 Any representations made at any time in relation to the price or value of any security debt insurance policy bank deposit or financial Interest or instrument or 4 Any depreciation or decline In price or value of any security debt insurance policy bank deposit or financial interest or instrument. 3. Supplementary Paylens a. We will pay with respect to any claim we investigate or setile or any suit against the Insured we defend 1 All expenses we incur. 2 The premium for bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. 3 All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or sult 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 250 a day. 4 All court costs taxed against the insured in the sult. However these payments do not LCU 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 13 of 30 | 1 |
include attorneys fees or attorneys expenses taxed against the insured. 5 Prejudgment Interest awarded against the insured on that part of the judgment we pay. However if we make a settlement offer within the applicable limit of insurance of this policy that is acceptable to the claimant or make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest accruing after we make such offer 6 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 limit of insurance. These payments will not reduce the limits of insurance. b. 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 confribute to the expenses of the insured or the underlying Insurer c. 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 1 The suit against the indemnitee seeks damages for which the Insured has assumed the liabllity of the indemnitee in a contract or agreement that is an insured qanracl 2 This insurance gpplles to such liability assumed by the insured 3 The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the vnsured in the same insured contract 4 The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee 5 The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such sult and agree that we can assign the same counsel to defend he insured and the indemnitee and 6 The indemnitee a Agrees in writing to i Cooperate with us in the investigation settlement or defense of the suit i Immediately send us copies of any demands notices summonses or legal papers received In connection with the suit iii Notify any other insurer whose coverage is available to the indemnitee and iv Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and b Provides us with written authorization to i Obtain records and other information related to the suit and LCcu 00011110 2010 Liberty Mutual Group of Companies. All rights Page 14 of 30 reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 14 of 30 | 1 |
i Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attorneys fees incurred by us In the defense of that indemnitee necessary liigation 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 COVERAGES such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance In the payment of judgments or settlements or the conditions set forth above or the terms of the agreement described in Paragraph 6 above are no longer met. SECTION H WHO IS AN INSURED 1. If you are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or jont 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. An organization other than a partnership joint venture or limited liability company you are an insured. Your sxecutive 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 liabitity as stockholders. e. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. 2. 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 fiability 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 coemployee in the course of his or her employment or performing duties refated to the conduct of your business or to your other volunteer workers while performing dutles related to the conduct of your business b To the spouse child parent brother or sister of that coemployee or volunteer worker LCU 0001 11 10 2010 Liberty Mutual Group of Companles. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 15 of 30 | 1 |
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 Paragraphs 1a or b above d Avising out of his or her providing or failing to provide professiunal health care services or e Arising out of practicing for or participating in any sports or athletic contest or exhibition that you sponsor unless the employes or volunteer worker is an insured for the bodily injury or personal and advertising injury on underlying insurance. 2 Property damage to property a Owned occupled 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. 3 Bodily Injury property damage or personal and advertising Injury arising out of the ownership maintenance or use of an auto except as provided in Paragraph f. below. b. Any person other than your employee or any organization while acting as your real estate manager but this does not apply with respect to the use of any vehicle owned by such person or organization. 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. 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 e. Any person or organization Included as an additional insured under underlying insurance but not for broader coverage than is provided by the underlying insurance. When coverage provided to an additional insured is required by a contract or agreement the most we will pay on behalf of that additional Insured is the minimum amount of insurance required by the contract or agreement less any amounts payable by any underlying Insurance or otherwise retained. f. Any person while using with your permission a covered auto for which insurance is provided to you under this policy and any person or organization legally responsible for its use but only if that person is an insured with respect fo liability arising out of the ownership maintenance use or entrustment to others of covered autos on underlying insurance. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintaln ownership or majority interest will qualify as a Named Insured under this policy if there Is no other similar insurance available to that organization and that organization is a Named Insured under underlying insurance. However LCU 00011110 2010 Liberty Mutual Group of Companies. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission Page 16 of 30 | 1 |
a. Coverage under this provision is afforded only until the 90 day after you acquire or form the organization or the end of the policy period whichever is earlier b. Coverage does not apply to bodily injury or property damage that occurred before you acquired the organization and c. Coverage does not apply to personal and advertising Injury arising out of an offense committed before you acquired or formed the organization. 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 Il LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds. b Claims made or suits brought or. Persons or organizations making claims or bringing suits 2. The General Aggregate Limit is the most we will pay for the sum of all damages except damages because of a. Injury or damage included in theproducts completed operations hazard and b. Injury or damage arising out of the ownership maintenance use or entrustment to others of an 3. The Products Completed Operations Aggregate Limit is the most we will pay for the sum of all damages for bodily injury and property damage included in the products completed operations hazard. 4. Subject to Paragraph 2. or 3. above if either applies the Each Occurrence Limit is the most we will pay for the sum of damages because of all injury or damage arising out of any one occurrence. 5. The Limits of Insurance apply separately to each consecutive annual period and to any remaining perlod of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy perlod 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. 6 For the purposes of applying the Each Occurrence limit a. All bodily injury and property damage arising out of continuous or repeated exposure to substantially the same general harmful conditions will be considered as the result of one occurrence and b. All personal and advertising injury arising out of a serles of related offenses including all repetitions or reproductions will be considered as the result of one and the same occurrence Two or more offenses within the definition of personal and advertising injury each of which LCU 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permlssion. Page 17 of 30 | 1 |
Involves publication of material will not be deemed to be more than one occurrence merely because the material in one publication is not identical to the material in another publication or because the publications are made in different media. SECTION IV CONDITIONS 1. Appeals If the insured or the underlying insurers elect not to appeal a judgment that may require payments under this policy we may elect to make such appeal at our own cost. If we appeal we then will be liable for the taxable costs expenses and interest incidental to the appeal which will be in addition to the limits of insurance of this policy unless provided otherwise on any underlying insurance. If we appeal the Insured will cooperate with us at our request and at our expense in the prosecution of the appeal. 2 Bankruptey a Bankruptcy or Insolvency of the insured or the insured s estate will not relieve us of our obligation under this policy. b. Bankruptcy of an underlying insurer will not relleve us of our obligations under this policy. However this insurance will not replace the insurance afforded by the underlying insurance in the event of the bankruptcy insolvency or any other inability to pay of the underlying insurer or the insured to the extent it is self insured. This insurance will apply as if the underlying insurance were In full effect. 3. Dutles In the Event of Occurrence Claim or Suit a. You must see fo it that we are notified promptly of any occurrence which may result In a claim fo which this insurance might apply even if the insured must satisfy a retained limit before this Insurance applies. 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 b. If a claim is made or suit Is brought to which this policy may apply you must see to it that we recelve prompt written notice of the claim or suit even if the insured must satisfy a retained limit before this Insurance applies. You must notify us if an applicable limit of underlying insurance is exhausted even if we do not have a duty to defend.. You and any involved insured must 1 Immediately send us cdpies 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 the claim or suit LCU 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 18 of 30 | 1 |
4 At our request instruct all insurers that issued underlying insurance to cooperate with us in our handling of the claim or suit and make available all materials and documents in their claims files and 5 Assist us upon our request in the enforcement of any rights 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 Insureds will except at their own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. e. Inaddition to the notice requirement of Paragraph 3.a. above you must promptly notify us if 1 Any occurrence results in any of the following injuries a Adeath b Anamputation of any extremity c Any serious head or brain injury including skull fracture or foss of sight of either or both eyes d Any Injury to the spinal cord paraplegia or quadriplegia e Serious burns or f Any other serious bodily Injury which the insured believes is likely to involve this policy 2 Any suit to which this insurance may apply is a class action lawsuit or 3 You expect the injury or damage from any occurrence to exceed 50 of the retained limit As used in this Paragraph 3. promptly means as soon as practicable after knowledge of the ocourrence has been reported to an executive officer of the insured or to the employee designated by the insured to give us notice. Legal Action Against Us No person or organization has the right under this. policy a. Tojoln us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this policy unless all of its terms have been fully complied with. If a person or organization sues us to recover on an agreed settlement or on a final judgment against an Insured we will not be liable for damages that are not payable under the terms of this policy or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liabllity signed by us the insured and the claimant or the claimant s legal representative. 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. This condition will not apply to insurance LCU 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 19 of 30 | 1 |
specifically written as excess over this policy. Audit and Premium a. You agree to pay the premium when due. b. The Premium shown as Advance Premium on the Declarations Is flat charge unless a rate Is shown c. Ifarate is shown on the policy s Declarations the Advance Premium shown in the Declarations is an estimated premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the First Named Insured. The due date for audit premiums s the date shown as the due date on the blll. If the sum of the Advance and audit premiums pald for the policy period is greater than the earned premium we will return the excess fo the First Named Insured subject to the Minlmum Premium if any shown in the Declarations. d. The First Named Insured must keep records of the information we need for premium computation and make available to us or send us this information at such times as we may 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 3 years after the expiration or termination of this policy. f. We may at our option make an additional premium charge for any organization that you acquire or form during the policy period. Representations or Fraud 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 c. The policy will be void in any case of fraud by you as it relates to this policy or any claim under this policy d. This policy will provide no coverage for any claim in the event you have made a material misrepresentation that relates to that claim without regard to whether such misrepresentation oceurs before during or after the policy period and. e. There will not be 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. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non renewal. Separation of Insureds Except with respect to the limits of insurance and any rights or duties specifically assigned to the First Named Insured this insurance applies LCU 00011110 2010 Liberty Mutual Group of Companies Alf rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 20 of 30 | 1 |
b. As if each Named Insured were the only Named Insured and Separately to each insured against whom claim is made or suit is brought. 9. Transfer of Rights of Recovery Against Others to Us 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. 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 limit 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 petson 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. 10. Cancellation and Non Renewal a. The First Named Insured shown in the Declarations may cancel this policy by mailing or dellvering to us advance written notice of cancellation. We may cancel this pollcy 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. Notice of cancellation will state the effective date of cancellation. The policy perlod will end on that date at 1201 AM. 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 based upon the portion of the original policy period that the policy was actually in effect. If the First Named Insured cancels the refund will be less than pro rata and will be subject to the Minimum Premium if any shown in the Declarations. The cancellation will be effective even if we have not made or offered a refund. Our check mailed or delivered shall be sufficlent tender of any refund due you if we decide not to renew this policy we will mail or deliver to the First Named Insured shown in the Declarations written notice of the non renewal not less than 30 days before the expiration date. If notice Is mailed proof of malling will be sufficient proof of notice. LCU 00 01 11 10 2010 Liberty Mutual Group of Companies. Al rights Page 21 of 30 reserved. Includes copyrighted materlal of Insurance Services Office Inc. with its permission. Page 21 of 30 | 1 |
1. 12 13 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. Nared 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. Maintenance of Underlying Insurance Throughout the policy period you must ensure that a. Underlying insurance that is self insurance provides coverage at least as broad as the coverage provided under this policy b. Allunderlying insurance remains in effect c. The terms definitions conditions and exclusions of all underlying insurance do not materially change 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. Any renewals or replacements of any underlying Insurance provide equivalent coverage to and afford limits of insurance equal to or greater than the policy being renewed or replaced. If you fail to comply with Paragraphs b. through e. above regardless of the reason or reasons this policy s coverage will apply as if the underlying Insurance were still in full effect with the terms definitions conditions exclusions and limits that existed on the effective date of this policy. However if an exclusion Is added to underlying insurance after the effective date of this policy then such exclusion Is automatically added to this policy effeciive on the same date that it was effective on the underlying insurance Page 22 of 30 Lcu oo ot 1110 2010 Liberty Mutual Group of Companies. All rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission | 1 |
14 15. Transfer of Your Rights and Duties Your rights and duties under this policy may not be transferred without our written consent If you dle 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 representatives 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 cancelflation of this policy sent to the First Named Insured and mailed to the address shown in this policy will be sufficient notice to effect canceliation of this policy.. Changes This policy contains all the agreements between you and us concerning the insurance afforded. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this poticy. SECTION V DEFINITIONS 1. Advertisement means a paid announcement that is broadcast or published in the print broadcast or electronic media to the general public or specific market segments about your goods products or services for the purpose of atiracting customers or supporters. For the purposes of this definition a. Announcements 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. Automeans a. A land motor vehicle trailer or semi trailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that Is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged.. However auto does not include mobile equipment. 3. Bodily injury means a. Bodily injury sickness or disease sustained by a person including death resulting from any of these at any time and b. Mental anguish or injury shock or humiliation arising out of injury as defined in Paragraph a. above. Bodily Injury does not include injury that falls within the definition of personal and advertlsing Injury. 4. Covered auto means only an auto for which coverage is provided on underlying insurance.. Electronic data means information facts or programs stored as or on created or used on or LCU 00 01 11 10 2010 Liberty Mutual Group of Companles. Al rights Page 23 of 30 reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 23 of 30 | 1 |
transmitted to or from computer software including but not fimited to systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other medla which are used with electronically controlled equipment.. 6. Employee includes a leased worker. Employee does not include a ternporary worker Executive officer means a person holding any of the officer positions created by your charter constitution by laws or any other similar governing document. Fungi mean any type or form of fungus including mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi 9. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. 10. impalred property means tangible property other than your product or your work that can not be used or is less useful because a. ltincorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored o use by a. The repair replacement adjustment or removal of your product or your work or b. Your fulfilling the terms of the contract or agresment. 11 Insured contract means a A contract for lease of premises However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner Is not an insured contract b. A sidetrack agreement. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a raliroad d. An obligation as required by ordlnnce to indemnify a municipality except in connection with. work for a municipality e. Anelevator maintenance agreement f. That part of any contract or agreement entered into as part of your business pertaining to the rental or lease by you or any of your employees of any auto. However such contract or agreement shall not be considered an insured contract to the extent that it obligates you or any of your employees to pay for property damage to any auto rented or leased by you or any of your employees or g. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under LCU 00 01 1110 2010 Liberty Mutual Group of Companies. Al rights Page 24 of 30 reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission Page 24 of 30 | 1 |
which you assume the tort liability of another party to pay for bodily injury or property damage fo a third person or organization provided the bodily injury or property damage Is caused in whole or in part by you or by those acting on your behalf. Tort llability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraphs f. and g. above do not include that part of any contract or agreement 1 That indemnifies a railroad for bodily Injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing 2 That pertains to the loan lease or rental of an auto to you or any of your employees if the auto Is loaned leased or rented with a driver 3 That holds a person or organization engaged in the business of transporting property by auto for hire harmless for your use of a covered auto over a route or territory that the person or organization Is authorized to serve by public authority 4 That indemnifles an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders drawings and specifications or b Giving directions or instructions or falling to give them if that is the primary cause of the injury or damage or. N 5 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the Insured s rendering or failure to render professional services including those listed in Paragraph 4 above and supervisory inspection architectural or engineering activities. 12. 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 dos not include a temporary worker. 13 Loading or unloading means the handiing 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 itis in or on an aircraft watercraft or auto or While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered c but loading or unloading does not Include the movement of property by means of a mechanical device other than a hand truck that is not attached to the alrcraft watercraft or auto. 14. Moblle equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads LCU 0001 11 10 2010 Liberty Mutual Group of Companies. All rights Page 25 of 30 reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission Page 25 of 30 | 1 |
b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in Paragraphs a. b.. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Alr compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to ralse or lower workers and f. Vehicles not described in Paragraphs a. b. c. or d. above maintained primarily for purposes.other than the lransporlaon of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are. not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenancs but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not Include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where such vehicles are licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. 15. Occurrence means a With respect to bodily injury or property damage an accident including continuous or repeated exposure to substantially the same general harmful conditions or h. With respect to personal and advertising injury an offense or series of related offenses. LCU 0001 11 10 2010 Liberty Mutual Group of Companies. All rights Page reserved Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 26 of 30 | 1 |
16 Other insurance means 17. 18 a. b. Any valid and collectible insurance except underlying insurance that insures any insured even if the coverage is unavailable or uncollectible as a consequence of a breach by any insured under this policy of the terms or conditions of that insurance plus Any amount retained under any self insurance program that Is not underlying insurance. Other insurance does not include any insurance specifically written as excess over this policy. Personal and advertising injury means injury caused by one or more of the following offenses a b. f. g. False arrest detention or imprisonment Malicious prosecution Wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor Oral or written publication directly to the public at large in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services 1 Oral or written publication directly to the public at large in any manner of material that violates a person s right of privacy or 2 Oral or written publication of material in any manner that viclates a person s right of privacy by misappropriation of that person s name or likeness The use of another s advertising idea In your advertisement or Infringing upon another s copyright trade dress or slogan in your advertisement. Bodily Injury that arises out of personal and advertising injury will be considered personal and adverlising injury. 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. 19 Pollution cost or expense means any loss cost or expense arising out of any Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain freat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 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. LCU 000111 10 2010 Liberty Mutual Group of Companies. All rights. reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 27 of 30 | 1 |
20. Products completed operations hazard 21 22 23 24 a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Produts that are still in your physical possession or 2 Work that has not yet been completed or abandoned. Your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. b When all of the work to be done at the site has been completed if your coniract calls for work at more than one site. c When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which Is otherwise complete will be treated as completed. b. This hazard does not include bodily injlry or property damage arlsing out of 1. The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned by you created by the loading or unloading of that vehicle by any insured or 2 The existence of tools uninstalled equipment or abandoned or unused malerials. Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. Publication means an insured s act of disseminating or broadcasting material or information. Publication does not include the wrongful appropriation Interception or retrieval of materlal or information by a third party or the insured s dissemination or broadcasting of material or Information to a person who is the subject of the material or the information. Radiation andor radioactive matter includes but is not limited to lonizing radiation either directly from unstable atomic nuclei or atoms or as a consequence of a nuclear reaction radioactive isotopes alpha or beta particles or rays gamma rays X Rays photons nucleons including protons neutrons and electrons. Retained limit means as to each occurrence a The total applicable limits of the underlying insurance plus any applicable other insurance. LCu 0001 11 10 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 28 of 30 | 1 |
25 26 27. 28. However if the sum of the underlying insurance plus the other insurance is 1 Greater than the amount listed In the Declarations under the Schedule for that underlying Insurance our retained limit will be the greater amount or 2 Less than the amount listed in the Declarations under the Schedule for that underlying insurance our retained limit will be the amount fisted in the Schedule. The retained limit will be reduced by the amount by which the applicable underlying insurance has been reduced due to the reduction or exhaustion of the applicable aggregate limit of Insurance by payment of judgments or settiements. The retained limit will not be reduced or exhausted by defense costs loss adjustment expenses supplementary paymenis or similar amounts that reduce or exhaust the policy limits of underlying insurance.. If some or all of the underlying insurance is not available due to breach of policy condition our retained limit will be the amount listed in the Declarations under the Schedule for that underlying insurance plus other Insurance. b. If there is no applicable underlying insurance our retained limit will equal the greater of the Self Insured Retention shown in the Declarations or any applicable other insurance. The Self Insured Refention will be reduced by Supplementary Payments we pay In the investigation or seftlement of any claim or in the defense of any sult against the Insured we defend. The Self Insured Retention does not apply to occurrences that would have been covered by underlying insurance but for the exhaustion of applicable limits. In caleulating the extent to which the underlying aggregate limits have been reduced or exhausted the retained limit in Paragraph a. above will be reduced only by payment of judgments or settlements because of bodily injury and property damage that occurs during our policy period and personal and advertising injury that Is caused by an offense arising out of your business during our policy period... Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged and can be awarded. Suit includes a. An arbitration proceeding In which such damages are claimed and can be awarded and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are clalmed and can be awarded and to which the insured submits with our consent. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Underlying Insurance means any policies of insurance or self insurance listed in the Declarations under the Schedule of underlying insurance Underlying insurer means any Insurer who provides any policy of insurance listed in the Declarations under the Schedule of underlying insurance and any insurer who provides other insurance.. LCU 00011110 2010 Liberty Mutual Group of Companles. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 29 of 30 | 1 |
29 30. 31 Volhnteer worker means a person who Is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and who Is not pald a fee salary or other compensation by you or anyone else for their work performed for you. Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by. a You b Others trading under your name or e A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warriings or Instructions.. Does not include vending machines or other property rented to r located for the use of others but not sold. Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. LCU 0001 1110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 30 of 30 | 1 |
IMPORTANT NOTICE REGARDING THE EXPIRATION OF THE TERRORISM RISK INSURANCE ACT AND THE REDUCTION IN COVERAGE FOR TERRORISM LOSSES PLEASE READ THIS NOTICE CAREFULLY This Is to notify you of a reduction in coverage for terrorism losses under your insurance policy when the Terrorism Risk Insurance Act TRIA expires which is scheduled to occur on December 31 2014. This notice DOES NOT apply to Workers Compensation insurance. TRIA as amended is a temporary program that spreads losses from government certifled acts of terrorism between insurers and the federal government. In summatry TRIA requires insurers to make coverage for certified acts of terrorism available and to pay losses from certified acts of terrorism up to a deductible amount. If an individual insurer s losses exceed this amount the government will reimburse the insurer for 85 of losses paid in excess of the deductible. Policyholders have the option to accept or reject this coverage. TRIA will expire on December 31 2014 unless Congress and the President act to extend it. Otherwise after 2014 the federal government will no longer certify acts of terrorism or reimburse losses caused by certified acts of terrorism. If you purchase coverage for certified acts of terrorism and TRIA expires on or after December 31 2014 your Insurance coverage will be reduced. After the date TRIA expires where permitted by state law you will no longer have insurance for losses from acts of terrorism that directly or indirectly involve nuclear or radioactive agents or materials or pathogenic or poisonous biological or chemical agents or materials NBCR. If you elect not to purchase coverage for certified acts of terrorism and TRIA expires on or after December 31 2014 losses caused by any terrorist act will be excluded from your policy where permitted by state law. Some states including New York and Florida may not approve or allow the use of certain exclusions related to acts of terrorism. Therefore exclusions for losses caused by acts of terrorism may not apply in all states. CNI190 07 01 14 2014 Liberty Mutual Insurance. All rights reserved. Page 10of 1 | 2 |
POLICYHOLDER DISCLOSURE TERRORISM RISK INSURANCE ACT THIS ENDORSEMENT IS MADE PART OF YOUR POLICY PURSUANT TO THE TERRORISM RISK INSURANCE ACT. In accordance with the Terrorism Risk Insurance Act including all amendments TRIA or the Act we are requlred to provide you with a notice of the portion of your premium attributable to coverage for certified acts of terrorism the federal share of payment of losses from such acts and the limitation or cap on our liability under the Act. Disclosure of Premium The Company has made available coverage for ceriified acts of terrorism as defined in the Act. If purchased the portion of your premium attributable to coverage for certified acts of terrorism is shown in the Declarations Declarations Extension Schedule or elsewhere by endorsement In your policy. Federal Participation In Payment Of Terrorism Losses if an individual insurer s losses exceed a deductible amount specified in the Act the federal government will reimburse the insurer for 85 of losses paid in excess of the deductible provided that aggregate industry losses from a certified act of terrorism exceed 100 million Cap On Insurer Participation In Payment Of Terrorism Losses If aggregate insured losses attributable to certified acts of terrorism exceed 100 billion in a calendar year and we have met our deductible under the Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion. Nor shall Treasury make any payment for any portion of the amount of such losses that exceeds 100 billion. In such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. SNI 900211 10 Page 1 of 1 | 2 |
Policy Number TH7 641 444022 014 Issued by LIBERTY INSURANCE CORPORATION PARTICIPATING PROVISION You may be eligible to participate in the distribution of surpius funds of the company through any dividends that may be declared for this policy. A declaration or payment of dividends is not guaranteed. The amount of any dividends that may be declared shall be to the extent and upon the conditions fixed and determined by the Board of Directors and in compliance with any laws that apply. In witness whereof the company has caused this policy to be signed by its President and its Secretary. EEEEEEEEE Dexctar. iden SECRETARY LIL 90 05 06 13 2013 Liberty Mutual Insurance. Al rights reserved. Page 1 of 1 | 2 |
CNA Policy Holder Notice IMPORTANT INFORMATION FOR OUR COMMERCIAL UMBRELLA PLUS POLICY HOLDERS ATTACHMENT OF RESTRICTIVE ENDORSEMENT The endorsement entitied UNDERLYING INSURANCE COVERAGE LIMITATION ENDORSEMENT has been attached to your policy. Due to attaching this endorsement the coverage provided by this policy can be no broader than the coverage provided by scheduled underlying insurance and may be less broad if this policy incorporates any exclusions or other restrictions that are not present in scheduled underlying insurance. If you have any questions please contact your independent agent. 0491519158051000200 CNAB638BXX 7 16 Page 1 of 1 Copyright CNA All Rights Reserved | 2 |
CNA IMPORTANT INFORMATION NOTICE OFFER OF TERRORISM COVERAGE NOTICE DISCLOSURE OF PREMIUM THIS NOTICE DOES NOT FORM A PART OF YOUR POLICY GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY You are hereby notified that under the Terrorism Risk Insurance Act as extended and reauthorized Act you have a right to purchase insurance coverage of losses arising out of acts of terrorism as defined in Section 1021 of the Act subject to all applicable policy provisions. The Terrorism Risk Insurance Act established a federal program within the Department of the Treasury under which the federal government shares with the insurance industry the risk of loss from future terrorist attacks. This Notice is designed to alert you to coverage restrictions and to certain terrorism provisions in the policy. If there is any conflict between this Notice and the policy including its endorsements the provisions of the policy including its endorsements apply. CHANGE IN THE DEFINITION OF A CERTIFIED ACT OF TERRORISM The Act applies when the Secretary of the Treasury certifies that an event meets the definition of an act of terrorism. Originally the Act provides that to be certified an act of terrorism must cause losses of at least five million dollars and must have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest to coerce the government or population of the United States. However the 2007 reauthorization of the Act no longer requires the act of terrorism to be committed by or on behalf of a foreign interest and certified acts of terrorism now encompass for example a terrorist act committed against the United States government by a United States citizen when the act is determined by the federal government to be a certified act of terrorism. In accordance with the Act we are required to offer you coverage for losses resulting from an act of terrorism that is certified under the federal program. The policy s other provisions including nuclear war or military action exclusions will still apply to such an act. The premium charge for terrorism coverage is shown separately on your Policy Declarations and is also included in the total premium. DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States Government Department of the Treasury will pay a share of terrorism losses insured under the federal program. The federal share equals 85 of that portion of the amount of such insured losses that exceeds the applicable insurer retention. LIMITATION ON PAYMENT OF TERRORISM LOSSES applies to policies which cover terrorism losses insured under the federal program including those which only cover fire losses If aggregate insured losses attributable to terrorist acts certified under the Act exceed 100 billion in a Program Year January 1 through December 31 the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. Further this coverage is subject to a limit on our liability pursuant to the federal law where if aggregate insured losses attributable to terrorist acts certified under the Act exceed 100 billion in a Program Year January 1 through December 31 and we have met our insurer deductible under the Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. G144233 F Page 1 of 1 Ed. 0108 11915198580851000200 | 2 |
CNA POLICYHOLDER NOTICE CNA Commercial Insurance 151 N. Franklin St. Chicago IL 60606 10020001550853163151612 Regarding Your CNA Commercial Insurance Coverage Dear CNA Policyholder Ethics and proper business conduct has been the cornerstone of CNA since 1897. While much has changed during the last century our commitment to these core values has not wavered. We strongly believe that proper business conduct is more than the practice of avoiding wrong it is also a matter of choosing to do right. Nowhere is this more essential than helping in the fight against terrorism. As such we are committed to complying with U.S. Department of Treasury Office of Foreign Asset Control OFAC requirements. Through a variety of laws OFAC administers and enforces economic sanctions against countries and groups of individuals such as terrorists and narcotics traffickers. These laws prohibit all United States citizens including corporations and other entities and permanent residents from engaging in transactions with sanctioned countries and with individuals and entities on the Specially Designated Nationals SDN list. Because all U.S. citizens and companies are subject to this law we wanted to be sure you were aware of its scope and restrictions. If you have nt already done so you may want to consider discussing this issue with your legal counsel to ensure you are in compliance. For insurance companies accepting premium from issuing a policy to insuring property of or making a claim payment to an individual or entity that is the subject of U.S.imposed economic sanctions or trade embargoes usually are violations of these laws and regulations. Fines for violating OFAC requirements can be substantial. CNA has established an OFAC compliance program part which includes the use of exclusionary policy language. We believe this makes good business sense for CNA and you. The purpose of this letter is to advise you that your renewal policy includes OFAC exclusionary policy language which may reduce or eliminate certain coverage. Specifically if it is determined that your policy violates certain Federal or State laws or regulations such as the U.S. list of Specially Designated Nationals or Blocked Persons organizations or individuals associated with terrorist groups any term or condition of your policy will be and void to the extent it violates the applicable laws or regulations of the United States. We re sure you share our commitment to compliance and thank you for your cooperation. G145041 A Ed. 0503 Page 1 of 1 | 2 |
CNA Commercial Umbrella Renewal Declaration POLICY NUMBER B 5085316315 COVERAGE PROVIDED BY CONTINENTAL CASUALTY COMPANY 151 N Franklin CHICAGO IL 60606 INSURED NAME AND ADDRESS FLUSHING ENDOSCOPY CENTER LLC 136 02 ROOSEVELT AVENUE FLUSHING NY 11354 AGENCY NAME AND ADDRESS LOCKTON COMPANIES LLC 444 W. 47TH ST. 900 KANSAS CITY MO 64112 Phone Number 816960 9000 BRANCH NAME AND ADDRESS KANSAS CITY BRANCH 7400 COLLEGE BLVD. STE. 650 OVERLAND PARK KS 66210 Phone Number 913661 2700 FROM POLICY PERIOD TO 08012020 08012021 AGENCY NUMBER 060692 BRANCH NUMBER 310 This policy becomes effective and expires at 1201 A.M. standard time at your mailing address on the dates shown above. The Named Insured is a Limited Liability Company Your policy is composed of this Declarations with the attached Coverage Forms and Endorsements if any. The Policy Forms and Endorsement Schedule shows all forms applicable to this policy at the time of policy issuance. PREMIUM Estimated Estimated Premium Basis Exposure Rate Premium Flat Charge 52083 Minimum Premium 2083 Annual Total Policy Premium 2083.00 Your Premium includes the following amount for Certified Acts of Terrorism Coverage 21.00 Audit Period is Not Auditable 21.00 Page INSURED | 2 |
POLICY NUMBER B 5085316315 INSURED NAME AND ADDRESS FLUSHING ENDOSCOPY CENTER LLC 136 02 ROOSEVELT AVENUE FLUSHING NY 11354 ITEM 3 POLICY LIMITS OF LIABILITY Each Incident 5000000 Aggregate 5000000 ITEM 4 RETAINED LIMIT Retained Limit 10000 ITEM 5 SCHEDULE OF UNDERLYING INSURANCE Underlying Insurer Eff 08012020 to 08012021 Policy Number Underlying Limit of Policy Period Insurance Coverages Liability Transportation Insurance Co. General Each Occurrence Limit 1000000 Liability General Aggregate Limit 2000000 Applies per location 5085315908 Does nt apply per project Eff 08012020 to 08012021 Products Completed Operations 2000000 Aggregate Limit Personal and Advertising 1000000 Injury Liability Limit Valley Forge Insurance Co. Employers Bodily Injury By Accident Liability Each Accident Limit 1000 000 Bodily Injury By Disease 5085315956 Each Employee Limit 1000000 Policy Limit 1000000 Eff 08012020 to 08012021 Transportation Insurance Co. Employee Each Employee Limit 1000000 Benefit Limit Aggregate Limit 52000000 5085315908 nan nan nan nan 85315908.0 rtising Limit nan nan nan nan 85315956.0 Disease Limit nan nan nan nan 85315908.0 ggregate Limit Page INSURED | 2 |
POLICY NUMBER B 5085316315 INSURED NAME AND ADDRESS FLUSHING ENDOSCOPY CENTER LLC 136 02 ROOSEVELT AVENUE FLUSHING NY 11354 FORMS AND ENDORSEMENTS SCHEDULE Form Number CNA80664NY CNA82077XX G115922A G115928A G116393A G144239A G144291A G146878A G147133A G147135A G147157A31 G147232A G15057A G16197B G16375E G16541B G16663A G16912A31 G17900A G17902A G18132C31 G300968A IL0017 P56015B 072019 042015 061995 061995 061995 012003 032003 052005 012004 012004 032005 012005 101989 071992 012004 072005 101991 091991 011992 011992 022013 062010 111998 111991 Form Title Underlying Insurance Coverage Limitation End NY Exclusion Access Or Disclosure Of Confidential Aircraft Limitation UMB Employment Related Practices Exclusion UMB Contractual Liability Limitation War Liability Exclusion Economic And Trade Sanctions Condition EXCLUSION VIOLATION OF STATUTES Amendment of Definitions Endorsement Amendment of Property Damage Exclusion Endt Exclusion Silica LOSSES FROM ACTS OF TERRORISM LIMITATION Commercial Umbrella Plus Coverage Part Amendatory Endorsement New York Contractor Limitation Endorsement Automobile Liability Exclusion Endorsement NY Changes Transfer of Duties When Limit Used Up Amendatory Endorsement Policy Territory Personal Injury Liability Limitation Endorsement Advertising Injury Liability Limitation Endorsemen Amendment of Insuring Agreement Employee Benefit Medical Malpractice Professional Liab Exclusion Common Policy Conditions Known or Continuing Injury or Damage PLEASE READ THE ENCLOSED IMPORTANT NOTICES CONCERNING YOUR POLICY Form Number Form Title CNAB86388XX 072016 Policy Holder Notice G138885A 042000 Important Information Policyholder Notice G144233F 012008 Notice Offer of Terrorism Disclosure of Premium G145041A 052003 IMP INF Economic And Trade Sanctions Condition G145661A 092003 Important Information War Liability Exclusion Countersignature EhPo Secretary Chairman of the Board P43770 B Ed. 1089 Page INSURED | 2 |
CNABOBEANY Ed. 07 19 CNA UNDERLYING INSURANCE COVERAGE LIMITATION ENDORSEMENT NEW YORK This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART It is understood and agreed as follows I. Under SECTION COVERAGES the subsection entitled Exclusions is amended to add the following paragraph as a new exclusion This insurance does not apply to Ultimate net loss that is not covered by scheduled underlying insurance for any reason other than exhaustion of its applicable limit of liability. Il. SECTION IV CONDITIONS is amended to add the following subsection as a new condition of coverage Conformance to New York Requirements a. Notwithstanding anything in this policy to the contrary the terms of this policy as respects coverage for operations in the State of New York shall conform to the coverage requirements of the applicable insurance laws of the State of New York or the applicable regulations of the New York Insurance Department. b. However all provisions of this policy as endorsed that conform to the laws and regulations described in paragraph a above continue to apply including provisions that determine what this policy covers and what it applies excess of. All other terms and conditions of the Policy remain unchanged. 5491519158051000200 CNABOBE4NY 07 19 Page 1 of 1 Copyright CNA Al Rights Reserved. | 2 |
CNAB2077XX Ed. 04 15 CNA ACCESS TO OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART It is understood and agreed that under SECTION COVERAGES the subsection entitied Exclusions the following new exclusion is added Access to or Disclosure of Confidential or Personal Information and Data Related Liability This insurance does not apply to any liability arising out of A. any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information or 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 the insured or others arising out of that which is described in paragraph A. or B. above. However unless paragraph A. above applies this exclusion does not apply to liability for bodily injury to the extent such liability is covered by scheduled underlying insurance. As used herein 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. All other terms and conditions of the Policy remain unchanged. CNAB82077XX 04 15 Page 1 of 1 Copyright CNA Al Rights Reserved. | 2 |
G115922 A Ed. 0695 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AIRCRAFT LIMITATION This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART It is agreed that exclusion h. of SECTION COVERAGES is deleted and replaced by the following This insurance does not apply to h. Liability arising out of the ownership maintenance operation use or loading or unloading of any aircraft. However this exclusion does not apply if liability for aircraft is scheduled in this policy s Schedule of Underlying In surance for the full limits shown and then only for such liability for which coverage is afforded under the scheduled underlying insurance. 9491519158051000200 G115922 A Ed. 0695 Page 1 of 1 | 2 |
G115928 A Ed. 0695 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYMENT RELATED PRACTICES EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART 1. The following exclusion is added to part 2. Exclu sions. of SECTION COVERAGES This insurance does not apply to Bodily injury or personal injury arising out of any a. Refusal to employ b. Termination of employment c. Coercion demotion evaluation reassignment discipline defamation harassment humiliation discrimination or other employment related prac tices policies acts or omissions or d. Consequential bodily injury or consequential personal injury as a result of a. through c. above. This exclusion applies whether the insured may be held liable as an employer or in any other capacity and to any obligation to share damages with or to re pay someone else who must pay damages because of the injury. 2. The definition for personal injury in SECTION V DEFINITIONS is deleted and replaced by the follow ing Personal injury means injury other than bodily in jury or injury excluded by 1. above or Exclusion 2.r. of SECTION COVERAGES arising out of more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecution c. Wrongful eviction from wrongful entry into invasion of the right of private occupanc room dwelling or premises that a persor pies by or on behalf of its owner landlord sor d. Discrimination unless such insurance is ited by law e. Humiliation. Libel g. Slander or defamation of character or h. Invasion of rights of privacy all of which are committed in the conduct of sured s business except for coverage that is a under Advertising Injury. SECTION COVERAGES arising out of one or more of the following offenses a. b. c. g. h. False arrest detention or imprisonment Malicious prosecution Wrongful eviction from wrongful entry into or the invasion of the right of private occupancy of a room dwelling or premises that a person occu pies by or on behalf of its owner landlord or les sor Discrimination unless such insurance is prohib ited by law Humiliation Libel Slander or defamation of character or Invasion of rights of privacy all of which are committed in the conduct of an in sured s business except for coverage that is afforded under Advertising Injury. G115928 A Ed. 0695 Page 1 of 1 | 2 |
G116393 A Ed. 0695 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTUAL LIABILITY LIMITATION This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART This insurance does not apply to any liability assumed by an insured under any contract or agreement. Accordingly 1. SECTION V DEFINITIONS is amended to delete the definition of insured contract. 2. Exclusion d. e. g. and j. of SECTION COVER AGES are amended to remove any coverage for liabil ity assumed under an insured contract or sidetrack agreement. This exclusion does not apply 1. If such liability is covered by valid and collectible un derlying insurance as listed in the Schedule of Under lying Insurance for the full limits shown therein and then only for such liability for which coverage is af forded under said underlying insurance or 2. To liability for damages that the insured would have in the absence of the contract or agreement. 49151891858051000200 G116393 A Ed. 0695 Page 1 of 1 | 2 |
G144239 A Ed. 0103 CNA This endorsement modifies insurance provided under the following THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAR LIABILITY EXCLUSION COMMERCIAL UMBRELLA PLUS COVERAGE PART A. Exclusion i. under Paragraph 2. EXCLUSIONS of SECTION COVERAGES is replaced by the following 2. Exclusions Bodily injury property damage personal injury or advertising injury arising directly or indirectly out of 1 War including undeclared or civil war or Warlike action by a military including action in hindering or de against an actual or expected att any government sovereign or authority using military personnel agents or Insurrection rebellion revolution power or action taken by goverr authority in hindering or defending any of these. Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. G144239 A Ed. 0103 Page 1 of 1 | 2 |
G146878 A Ed. 0505 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION VIOLATION OF STATUTES THAT GOVERN COMMUNICATION OF INFORMATION This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART EXCESS THIRD PARTY LIABILITY POLICY This insurance does not apply to any liability arising directly or indirectly out of any action or omission that violates or is alleged to violate a. The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law or b. The CAN SPAM Act of 2003 including any amendment of or addition to such law or c. Any statute ordinance or regulation other than the TCPA or the CAN SPAM Act of 2003 that prohibits or limits the sending transmitting communicating or distribution of material or information. All other terms conditions and exclusions of this policy remain unchanged. 84915191858051000200 G146878 A Ed. 0505 Page 1 of 1 | 2 |
G147133 A Ed. 0104 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF DEFINITIONS This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART SECTION V DEFINITIONS is amended as follows A. The definition property damage is deleted and replaced by the following Property damage means 1. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or 2. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. Wherever they appear in the policy the phrases personal injury and advertising injury are deleted and replaced with the phrase personal and advertising injury. The definitons of personal injury and advertising Injury are deleted and replaced by the following Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses 1. False arrest detention or imprisonment 2. Malicious prosecution 3. The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor 4. Oral or written publication in any mar material that slanders or libels a pel organization or disparages a persc organization s goods products or servi 5. Oral or written publication in any mant violates a person s right of privacy 6. The use of another s advertising idea advertisement or 7. Infringing upon another s copyright dress or slogan in your advertisement.. The definition of your product is delet replaced by the following Your product 1. means a. Any goods or products other thi property manufactured sold h distributed licensed by or disposec 1 You 2 Others trading under your nam 3 A person or organization business or assets you acquired and b. Containers other than ve materials parts or equipment furni connection with such goods or proc 2. includes a. Warranties or representations m any time with respect to the quality durability performance or your product and b. The providing of or failure to warnings or instructions. 3. does not include vending machines other property rented to or located for of others but not sold or licensed.. The definition Advertisement is added as AAdvartiecameant meane a natire that ie hre 4. Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services 5. Oral or written publication in any manner that violates a person s right of privacy 6. The use of another s advertising idea in your advertisement or 7. Infringing upon another s copyright trade dress or slogan in your advertisement. The definition of your product is deleted and replaced by the following Your product 1. means a. Any goods or products other than real property manufactured sold handled distributed licensed by or disposed of by 1 You 2 Others trading under your name or 3 A person or organization whose business or assets you have acquired and b. Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. 2. includes a. Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and b. The providing of or failure to provide warnings or instructions. 3. does not include vending machines or any other property rented to or located for the use of others but not sold or licensed. The definition Advertisement is added as follows Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition G147133 A Ed. 0104 Page 10f 2 | 2 |
G147133 A Ed. 0104 Notices that are published include material placed on the Internet or on similar electronic means of communication and Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. 6491519158051000200 G147133 A Ed. 0104 Page 2 of 2 | 2 |
G147135 A Ed. 0104 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF PROPERTY DAMAGE EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART EXCESS THIRD PARTY LIABILITY POLICY SECTION COVERAGES Exclusion j. paragraph 1 is organization or entity for the deleted and replaced by the following replacernent. enhanc restoration or maintenance property for any reason in prevention of injury to a pel damage to another s property 1 Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for the repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property G147135 A Ed. 0104 Page 1 of 1 | 2 |
G147157 A31 Ed. 0305 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION SILICA This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART EXCESS THIRD PARTY LIABILITY POLICY The following is added to SECTION COVERAGE 2. Exclusions This insurance does not apply to podily injury arising in whole or in part out of the actual alleged or threatened respiration or ingestion at any time of silica or property damage arising in whole or in part out of the actual alleged or threatened presence of particulate silica. personal and advertising injury arising in whole or in part out of the actual alleged or threatened exposure at any time to or the presence of particulate silica. As used in this endorsement silica means the chemical compound silicon dioxide SiOz in any form including dust which contains silica. All other terms conditions and exclusions of this policy remain unchanged. 0291519158051000200 G147157 A31 Ed. 0305 Page 1 of 1 | 2 |
G147232 A Ed. 0105 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LOSSES FROM ACTS OF TERRORISM LIMITATION This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART A. The following exclusion is added Except to the extent that coverage is provided by scheduled underlying insurance this insurance does not apply to bodily injury or property damage arising out of any act of terrorism G147232 A Ed. 0105 Page 1 of 1 | 2 |
G15057 A Ed. 1089 CNA COMMERCIAL UMBRELLA PLUS COVERAGE PART Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the Com pany providing this insurance. The word insured means any person or organization qualifying as such under SECTION Il WHO IS AN INSURED. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION V DEFINITIONS. SECTION COVERAGES 1. Insuring Agreement We will pay on behalf of the insured all sums that the insured becomes legally obligated to pay as ultimate net loss because of a. b. c. d. Bodily Injury Property Damage Personal Injury or Advertising Injury caused by an incident which takes place during the policy period and in the policy territory. 2. Exclusions This Insurance does not apply to Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect per sons or property. Advertising injury arising out of 1 Breach of contract other than mis appropriation of advertising ideas under an implied contract 2 The failure of goods products or services to conform with advertised quality or perform ance 3 The wrong description of the price of goods products or services or 4 An offense committed by an insured whose business is advertising broadcasting publish ing or telecasting. Personal injury or advertising injury 1 Arising out of oral or written publication of material if done by or at the direction of the insured with knowledge of its falsity 2 Arising out of oral or written publication of material whose first publication took place before the beginning of the policy period 3 Arising out of the willful violation of a penal statute or ordinance committed by or with the consent of the insured or 4 For which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the in sured would have in the absence of the con tract or agreement. Any obligation of the insured under a 1 workers compensation 2 disability benefits or 3 unemployment compensation law or any similar law. Paragraph 1 of this ex clusion does not apply to liability of others as sumed by the insured under a valid insured con tract which is in force at the time of an injury. Bodily injury to 1 An employee of the insured arising out of and in the course of employment by the insured or 2 The spouse child parent brother or sister of that employee as a consequence of 1 above. This exclusion applies 1 Whether the insured may be liable as an em ployer or in any other capacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to 1 Liability assumed by the insured under an insured contract or 129151698580851000200 G15057 A Ed. 1089 Page 1of 14 | 0 |
G15057 A Ed. 1089 Al ABNR7A Claims covered by scheduled underlying in surance. Bodily injury property damage or personal injury arising out of the actual alleged or threatened discharge dispersal seepage mi gration release or escape of pollutants a At or from any premises site or location which is or was at any time owned or oc cupied by or rented or loaned to any in sured b At or from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste c Which are or were at any time trans ported handled stored treated disposed of or processed as waste by or for any insured or any person or organization for whom you may be legally responsible or At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indi rectly on any insured s behalf are perform ing operations i if the pollutants are brought on or to the premises site or location in con nection with such operations by such insured contractor or subcontractor or i if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. e that are or that are contained in property that is i being transported or towed by or handled for movement into onto or from a covered automobile i iiii being stored disposed of treated or processed in or upon the covered automobile otherwise in the course of transit f before the pollutants or property in which the pollutants are contained are moved from the place where they are accepted by the insured for movement into or onto the covered automobile or after the pollutants or property in which the pollutants are contained are moved from the covered automobile to the place where they are finally g i delivered ii disposed of or iii abandoned by the insured. Subparagraphs a and di do not apply to bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. As used in this exclusion a hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. Subparagraph does not apply to fuels lubricants fluids exhaust gases or other similar pollutants that are needed for or result from the normal electrical hydraulic or me chanical functioning of the covered automo bile or its parts if the pollutants escape or are discharged dispersed or released directly from an automobile part designed by its manufacturer to hold store receive or dis pose of such pollutants. Subparagraphs f and g do not apply if the pollutants or property in which the pollutants are contained are upset overturned or dam aged as a result of the maintenance or use of a covered automobile and the discharge dispersal release or escape of the pollutants is caused directly by such upset overturn or damage. Any loss cost or expense arising out of any a Request demand or order that any in sured or others test for monitor clean up remove contain treat detoxify or neutral ize or in any way respond to or assess the effects of pollutants or b Claim or suit by or on behalf of a govern mental authority for damages because of testing for monitoring cleaning up re moving containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. Pollutants means any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. Bodily injury or property damage arising out of the 1 ownership 2 maintenance 3 useor 4 entrustment to others G15057 A Ed. 1089 Page 2 of 14 | 1 |
G15057 A Ed. 1089 Paragraphs 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard. Property damage to your product arising out of it or any part of it. Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor.. Property damage to impaired property or prop erty that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agree ment in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and acciden tal physical injury to your product or your work after it has been put to its intended use. Damages claimed for any loss cost or expense incurred by you or others for the loss of use with drawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any per son or organization because of a known or sus pected defect deficiency inadequacy or danger ous condition in it. Liability for alleged or actual violations of the Em ployees Retirement Income Security Act of 1974 or any amendments or additions thereto. Liability for a wrongful act error omission or breach of duty by an insured in the performance of the office of director or officer of an organization. Liability imposed on the insured under an unin sured underinsured motorist law a personal injury protection law a reparations benefit law or other similar law. of a watercraft owned or operated by or rented or loaned to an insured. Use includes operation or loading or unloading. This exclusion does not apply to 1 a watercraft while ashore on premises you own or rent 2 awatercraft you do not own that is a less than 26 feet long and b not being used to carry persons or prop erty for a charge or 3 liability assumed under an insured contract for the ownership maintenance or use of watercraft. h. The ownership maintenance operation use loading or unloading of aircraft 1 owned by an insured or 2 chartered without crew by an insured or on an insured s behalf. I Ultimate net loss due to 1 war whether declared or not 2 civil war 3 insurrection 4 rebellion or 5 revolution or to acts or conditions of the foregoing with re spect to liability assumed by an insured under contracts or agreements. j. Property damage to 1 Property you own rent or occupy 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you 4 Personal property in the care custody or con trol of an insured 5 That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or 6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraph 2 of this exclusion does not apply if the premises are your work and were never oc cupied rented or held for rental by you. G15057 A Ed. 1089 22915191858051000200 Page 3 of 14 | 1 |
r. To any alleged or actual discrimination by you against a past present or prospective employee and to discrimination committed intentionally against a person. s. 1 Bodily Injury property damage personal injury or advertising injury arising out of the actual alleged or threatened exposure at any time to asbestos or 2 Any loss cost or expense that may be awarded or incurred a by reason of a claim or suit for any such injury or damage or b in complying with a governmental direc tion or request to test for monitor clean up remove contain or dispose of asbes tos. As used in this exclusion asbestos means the mineral in any form whether or not the asbestos was at any time 1 airborne as a fiber particle or dust 2 contained in or formed a part of a product structure or other real or personal property 3 carried on clothing 4 inhaled or ingested or 5 transmitted by any other means. SECTION Il WHO IS AN INSURED 1. If you are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. c. An organization other than a partnership or joint venture you are an insured. Your executive offi cers and directors are insureds but only with re spect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. 2. Each of the following is also an insured a. Your employees other than your executive offi cers and directors but only for acts within the scope of their employment by you. However none of these employees is an insured for 1 Bodily injury or personal injury to you or to a co employee while in the course of his or her employment or G15057 A Ed. 1089 G15057 A Ed. 1089 2 Property damage to property owned or oc cupied by or rented or loaned to that em ployee any of your other employees or any of your partners or members if you are a partnership or joint venture. b. Your subsidiary companies in existence at policy inception. c. A person or organization for which you are re quired by virtue of a written contract entered into prior to an incident to provide the insurance that is afforded by this policy. This insurance applies only with respect to operations by you or on your behalf or to facilities you own or use but only to the extent of the limits of liability required by such contract not to exceed the limits of liability in this policy. d. A corporation or organization other than partner ships and joint ventures that you form acquire or gain control of during the policy period but only with respect to incidents taking place after you form acquire or gain control of such corporation or organization. e. Any other persons or organizations included as an insured under the provisions of the scheduled underlying insurance in Item 5. of the Declara tions and then only for the same coverage except for limits of liability afforded under such scheduled underlying insurance. No person or organization is an insured with respect to the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations. If you are designated in the Declarations as an individual this policy shall not apply to liability arising out of your do mestic or non business activities. This does not apply to the ownership maintenance use or loading or unloading of any automobile nor to the Personal Umbrella Liability Coverage Part. SECTION Il LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought c. Persons or organizations making claims or bring ing suits. d. Automobiles aircraft or watercraft to which this policy applies or e. Coverages under which loss is insured in this pol icy. 2. Our aggregate limit of liability will be the amount in Item 3. of the Declarations for ultimate net loss aris Page 4 of 14 only with re or directors. out only with ecutive offi s within the wever none G15057 A Ed. 1089 | 1 |
G15057 A Ed. 1089 ing out of all incidents with respect to the following exposures insured by this policy a. The Products Completed Operations Hazard b. Occupational disease sustained by all employees of an insured or c. A hazard other than in a. or b. above for which an underlying insurer affords coverage subject to an aggregate limit and to which this policy applies. This aggregate limit of liability applies separately to a. through c. above. We shall only be liable for the ultimate net loss in excess of a. The applicable limits of scheduled underlying in surance in Item 5. of the Declarations for incidents covered by scheduled underlying in surance plus the limits of any unscheduled un derlying insurance which also provides coverage for such incidents b. The unscheduled underlying insurance or the retained limit whichever is greater for inci dents covered by unscheduled underlying insur ance and by this policy only or c. The retained limit for incidents covered by this policy only but only up to the amount of our limits of liability in Item 3. of the Declarations because of a single incident. In the event of reduction or exhaustion of the aggre gate limits of liability under scheduled underlying in surance solely by reason of payments of a combina tion of covered a. expenses b. settlements or c. judgments paid thereunder as a result of incidents taking place during this policy period which would except for the amount thereof be covered under this policy this policy shall subject to this limit of liability provision and to the remaining terms and provisions and condi tions of this policy a. apply in excess of such reduction of scheduled underlying insurance or b. apply in place of the exhausted amount of scheduled underlying insurance. Nothing in a. or b. above shall serve to increase the limits of liability in Item 3. of the Declarations. The limits of this policy shall apply separately to a. each consecutive annual period and b. remaining periods of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is ex tended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for pur poses of determining the limits of liability. SECTION IV CONDITIONS 1. Financial Impairment Bankruptcy rehabilitation receivership liquidation or other financial impairment of you or an underlying in surer shall neither relieve nor increase any of our ob ligations under this policy. In the event there is diminished recovery or no recov ery available to you as a result of such financial im pairment of an insurer providing scheduled underlying insurance the coverage under this policy shall apply only in excess of the limits of liability stated in the scheduled underlying insurance. Under no circum stances shall we be required to drop down and replace the limits of liability or assume the obligations of a fi nancially impaired insurer. 2. Duties of the Insured a. In the Event of an Occurrence or Offense Which Has Not Resulted in a Claim or Suit Whenever you have information of an occurrence or offense which involves injuries or damages likely to involve this policy written notice shall be given by or for you to us or to our authorized agent as soon as practicable. The notice shall contain 1 Particular information sufficient to identify the insured 2 Such information as can be reasonably ob tained with respect to time place and cir cumstances of the occurrence or offense and 3 Names and addresses of the insured and of available witnesses. b. In the Event of Claims or Suit Immediate written notice shall be given by you to us whenever 1 A claim is made or suit is brought against you 2 You receive notice that a right to bring claim or suit against you will be asserted or 3 You obtain information that the obligation of underlying insurers to a investigate b defend 291519158051000200 G15057 A Ed. 1089 Page 5 of 14 | 1 |
c pay on behalf of or d indemnify you has ceased. Every demand notice summons amended com plaint or other process received by you or your representative shall be forwarded with each no tice. 3. Legal Action Against Us No legal action shall be brought against us unless you have fully complied with all the terms of this policy and the amount of your obligation to pay has been finally determined either by a. Judgment against you after actual trial or b. Written agreement between us you and the claimant. 4. Other Insurance Whenever you are covered by other a. primary b. excessor c. excess contingent insurance not scheduled on this policy as scheduled underlying insurance this policy shall apply only in excess of and will not con tribute with such other in surance. This policy shall not be subject to terms conditions or limitations of other insurance. In the event of payment under this policy where you are cov ered by such other insurance we shall be subrogated to all of your rights of recovery against such other in surance and you shall execute and deliver instruments and papers including assignment of rights and do what is necessary to secure such rights. 5. Premium Audit a. Premiums for this policy shall be stated in the Declarations and computed in accordance with our manual rules. If this policy is issued for a pe riod in excess of one year the premium may be revised on each annual anniversary in accordance with our manual rules in effect during that time. b. Premium shown on the Declarations page as ad vance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period. Audit premiums are due and payable on notice to you. If the sum of the advance and audit premiums paid for the policy term are greater than the earned premium we will return the excess to you. c. You must keep records of the information we need for premium computation and send us copies at such times as we request. G15057 A Ed. 1089 G15057 A Ed. 1089 d. We may audit your books and records during the term of this policy and up to three years after wards. 6. Cancellation a. The first Named Insured shown in the Declara tions may cancel this policy by mailing or deliver ing to us advance written notice of cancellation. b. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancel lation at least 1 10 days before the effective date of cancella tion if we cancel for nonpayment of premium or 2 30 days before the effective date of cancella tion if we cancel for any other reason. c. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. d. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. e. If this policy is canceled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. f. If notice is mailed proof of mailing will be suffi cient proof of notice. 7. Severability of Interests The insurance afforded applies separately to each in sured against whom claim is made or suit is brought. However the inclusion of more than one insured shall not operate to increase the limits of liability. 8. Assignment Your rights and duties under this insurance may not be transferred without our written consent except if you die then your rights and duties will be transferred to a. your legal representative but only while acting within the scope of their duties as such or b. anyone having temporary custody of your property until your legal representative has been appointed. 9. Changes This policy may be changed only by an endorsement issued by us to form a part of this policy signed by our duly authorized representative. Notice to you or to our agent or knowledge possessed by us our agent or any other person shall not effect a waiver or a change in any part of this policy nor prevent us from asserting any right under the terms of this policy. Page 6 of 14 and TOULE sultiiiviie alliviivyed vwiti ther process received by you or your tive shall be forwarded with each no gainst Us shall be brought against us unless you lied with all the terms of this policy and your obligation to pay has been finally er by against you after actual trial or Jreement between us you and the ce are covered by other tingent scheduled on this policy as scheduled rrance this policy shall apply only in will not con tribute with such other in policy shall not be subject to terms limitations of other insurance. In the nt under this policy where you are cov ding assignment of rights and do to secure such rights. G15057 A Ed. 1089 | 1 |
10. Scheduled Underlying Insurance Material change in premium for scheduled underlying insurance shall be promptly reported to us. Premium for this policy may be adjusted to reflect changes in underlying insurance in accordance with our manuals in effect at the time of the change. 11. Maintenance of Scheduled Underlying Insurance While this policy is in force you agree that the policies listed in the Declarations as scheduled underlying in surance and their renewals and replacements shall be maintained without alterations of terms or conditions in full effect during the term of this policy except for reduction or exhaustion of the aggregate limits of li ability in the scheduled underlying insurance pro vided that such reduction or exhaustion is solely the result of incidents taking place during this policy pe riod and not before. If you fail to maintain scheduled underlying insurance this condition shall not invali date this policy. However in the event of such failure we will only be liable to the same extent as if you had complied with this condition. 12. Inspection We have the right but are not obligated to a. Make inspections and surveys at any time b. Give you reports on the conditions we find and c. Recommend changes. Inspections surveys reports or recommendations re late only to insurability and the premiums charged. We do not make safety inspections. We do not undertake to perform the duty of persons or organizations to pro vide for the health or safety of workers or the public. We do not warrant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or stan dards. This condition applies not only to us but to rating ad visory rate service or similar organizations which make inspections surveys reports or recommenda tions. 13. Appeals If you or your underlying insurers elect not to appeal a judgment in excess of the limits of liability afforded by the a. scheduled underlying insurance b. unscheduled underlying insurance or c. retained limit we may elect to appeal. Our limit of liability shall not be increased because of such appeal. We will how ever pay the following costs and expenses G15057 A Ed. 1089 14. 15. G15057 A Ed. 1089 a. All premium bonds to release attachments for an amount not in excess of the applicable limit of li ability of this policy b. All premiums on appeal bonds required in such defended suit but without obligation to apply for or furnish such bonds Court fees Costs and expenses taxed against you by the ap pellate court and interest accruing after entry of a judgment against you and before we have 1 paid 2 offered to pay or 3 deposited in court the part of the judgment that is within the applica ble limit of insurance. Where the underlying in surers terminate their liability to pay interest on the judgment by an offer to pay their limits you shall demand that such limits be paid. If the ap peal is successful such amounts not obligated to be paid shall be returned to such underlying in surer. Subrogation In the case of any payments by us under the cover ages of this policy we shall be subrogated to all rights of recovery against any other party which you may have and will cooperate with you and all other inter ests. Amounts recovered shall be apportioned in the following order a. Amounts paid in excess of the payments under this policy shall first be reimbursed up to the amount paid by those including you who made such payments b. We are then to be reimbursed up to the amount we paid. Any remainder shall be available to the interests of those over whom this coverage is in excess and who are entitled to claim such remainder. Expenses necessary to the recovery of such amounts shall be divided between the interests concerned in cluding you in the ratio of their respective recoveries as finally settled. Settlement of Claims or Suit We may pay but are not obligated to pay any part or all of the amount of the retained limit to effect settle ment of a claim or suit. Upon notification of the action taken you shall promptly reimburse us for such part of the retained limit that we had paid. All Named In sureds are jointly and severally responsible for our reimbursement and agree to make such reimburse ment within 30 days after we give you written notice or demand for payment. Page 7 of 14 291519158051000200 Page 7 of 14 | 1 |
G15057 A Ed. 1089 16. Sole Agent The insured first named in the Declarations is author ized to act on behalf of all Named Insureds and other insureds with respect to a. the giving and receiving of notice of cancellation and b. receiving return premium that may be payable un der this policy. The insured first named in the Declarations is respon sible for the payment of premiums but the other Named Insureds jointly and severally agree to make such payments in full if the insured first named fails to pay the amount due within 30 days after we give writ ten notice or demand. SECTION V DEFINITIONS 1. Advertising injury means injury arising out of one or more of the following offenses a. Oral or written publication of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services b. Oral or written publication of material that violates a person s right of privacy c. Misappropriation of advertising ideas or style of doing business or d. Infringement of copyright title or slogan. 2. Automobile means a land motor vehicle trailer or semitrailer designed for travel on public roads includ ing any attached machinery or equipment. But automobile does not include mobile equipment. 3. Bodily injury means bodily injury sickness or dis ease mental injury or mental anguish sustained by a person including death resulting from any of these. 4. Aircraft means a vehicle designed to transport per sons or property in the air. 5. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. ltincorporates your product or your work that is known or thought to be defective deficient inade quate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by a. The repair replacement adjustment or removal of your product or your work or b. Your fulfilling the terms of the contract or agree ment. Insured contract means a. Alease of premises b. A sidetrack agreement c. An easement of license agreement except in connection with construction or demolition opera tions on or within 50 feet of a railroad d. Anindemnification of a municipality as required by ordinance except in connection with work for a municipality e. An elevator maintenance agreement or f. The part of other contracts or agreements pertain ing to your business including an indemnification of a municipality in connection with work per formed for a municipality under which you as sume the tort liability to pay damages because of bodily injury or property damage to a third per son or organization if the contracts or agreements are made prior to the bodily injury or property damage. Tort liability means liability that would be imposed by law in the absence of contracts or agreements. An insured contract does not include that part of a contract or agreement a. That indemnifies an architect engineer or sur veyor for an injury or damages arising out of 1 preparing approving or failing to prepare or approve a maps b c opinions drawings d reports e surveys f change orders g h 2 giving directions or instructions or failing to give them if that is the primary cause of the injury or damage designs or specifications or b. Under which the insured if an architect engineer or surveyor assumes liability for injury or damage arising out of the insured s rendering or failure to render professional services including those listed in a.1 above and supervisory inspection or engi neering services or c. That indemnifies a person or organization for damage by fire to premises rented or loaned to an insured. G15057 A Ed. 1089 Page 8 of 14 | 1 |
7. Loading or unloading means the handling of prop erty After it is moved from the place where it is ac cepted for movement into or onto an aircraft watercraft or automobile While it is in or on an aircraft watercraft or automobile or While it is being moved from an aircraft watercraft or automobile to the place where it is finally delivered but loading or unloading does not include the move ment of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or automobile. 8. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads Vehicles maintained for use solely on or next to premises you own or rent Vehicles that travel on crawler treads Vehicles whether self propelled or not main tained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers Vehicles not described in a b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators in cluding spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers Vehicles not described in a. b.. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered automobiles 1 Equipment designed primarily for a Snow removal G15057 A Ed. 1089 G15057 A Ed. 1089 b Road maintenance but not construction or resurfacing c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators in cluding spraying welding building cleaning geophysical exploration lighting and well servicing equipment. Incident a. With respect to claims which are covered in whole or in part by the immediate scheduled un derlying insurance policy whether or not the lim its thereof become reduced or exhausted incident means either an occurrence or offense depending upon which term triggers coverage in your immediate scheduled underlying insurance policy. 1 The trigger of coverage with respect to bodily injury and property damage is an occurrence. When coverage is triggered by an occurrence then incident means an acci dent including continuous or repeated expo sure to substantially the same general harmful conditions that take place during this policy period. 2 The trigger of coverage with respect to personal injury and advertising injury is an offense. a For personal injury when coverage is triggered by an offense then incident means an act or series of acts of the same or similar nature committed during this policy period. All loss arising out of such act or series of acts regardless of the frequency thereof or the number of claimants shall be deemed to arise out of one offense. b For advertising injury when coverage is triggered by an offense then incident means an act or series of acts in which the same or similar advertising material is used regardless of the number or kind of media used committed during this policy period. All damages involving the same injurious material or act regardless of the i frequency or repetition thereof i number or kind of media used or iii number of claimants shall be deemed to arise out of one of fense. Page 9 of 14 52915191858051000200 Page 9 of 14 | 1 |
b. With respect to claims which are covered by this policy but which are not covered by the immedi ate scheduled underlying insurance incident means either an occurrence or offense. 10. Personal Injury means injury other than bodily injury arising out of one or more of the following of fenses a. False arrest detention or imprisonment b. Malicious prosecution c. Wrongful eviction from wrongful entry into or the invasion of the right of private occupancy of a room dwelling or premise that a person occupies by or on behalf of its owner landlord or lessor d. discrimination unless such insurance is prohibited by law e. humiliation f. libel g. slander or defamation of character or h. invasion of rights of privacy all of which are committed in the conduct of an in sured s business except for coverage that is afforded under Advertising Injury. 11. a. Product completed operations hazard in cludes bodily injury and property damage oc curring away from premises an insured owns or rents and arising out of your product or your work except 1 Products in your physical possession or 2 Work not yet completed or abandoned. b. Your work will be deemed completed at the ear liest of the following 1 When all work called for in the insured con tract has been completed 3 When all of the work to be done at the site has been completed if the insured s contract calls for work at more than one site or When that part of the work done at a job site has been put to its intended use by a person or organization other than another contractor or subcontractor working on the same project. Work that may need a service b maintenance c correction d repair or e replacement G15057 A Ed. 1089 but which is otherwise complete will be treated as completed. c. This hazard does not include bodily injury or property damage arising out of 1 The transportation of property unless the in jury or damage arises out of a condition in or on a vehicle created by the loading or unload ing of it or 2 The existence of a tools b uninstalled equipment or c abandoned or unused materials. 2. Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physi cally injured. All such loss shall be deemed to oc cur at the time of the occurrence that caused it. 13. Suit means a civil proceeding in which damages because of a. bodily injury b. property damage c. personal injury or d. advertising injury to which this insurance applies are alleged. Suit in cludes a. An arbitration proceeding alleging such damages to which you must submit with our consent or b. Any other alternative dispute resolution proceed ing in which such damages are claimed and to which you submit with our consent. 14. Your product means a. Any goods or products other than real property manufactured sold handled distributed or dis posed of by 1 You 2 Others trading under your name or 3 A person or organization whose business or assets you have acquired and b. Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. tion or defamation of character or 1 of rights of privacy ear con G15057 A Ed. 1089 Page 10 of 14 | 1 |
Your product includes warranties or representations made with respect to the fitness quality durability performance or use of your product and the providing of or failure to provide warnings or instructions. Your product does not include vending machines or other property rented to or located for the use of others but not sold. 15. Your work means a. Work or operations performed by you or on your behalf and b. Materials parts or equipment furnished in connec tion with such work or operations. Your work includes warranties or representations made with respect to the fitness quality durability performance or use of your work and the providing of or failure to provide warnings or instructions. 16. Retained limit means the amount stated in Item 4. of the Declarations. 17. Scheduled underlying insurance means the insur ance policies listed in the Schedule of Underlying In surance including renewal or replacement of such contracts which are not more restrictive than those listed in the aforementioned Schedule of Underlying Insurance. 18. Ultimate net loss a. Ultimate net loss means the actual damages the insured is legally obligated to pay either through 1 final adjudication on the merits or 2 through compromise settlement with our writ ten consent or direction because of incidents covered by this policy. However it includes the above mentioned sums only after deducting all other recoveries and sal vages. b. Ultimate net loss does not include the following 1 costs or expenses related to a b c adjustment or It nor costs or expenses incident to the same which an underlying insurer has paid in curred or is obligated to pay to or on behalf of the insured litigation settlement appeals 2 pre judgment interest 3 office costs and expenses and salaries and expenses of the employees of an insured G15057 A Ed. 1089 G15057 A Ed. 1089 4 our office costs and expenses and salaries of our employees or 5 general retainer andor monitoring fees of counsel retained by the insured. 19. Underlying insurer means an insurer whose policy covers an incident also covered by this policy but does not include insurers whose policies were pur chased specifically to be in excess of this policy. It in cludes all insurers providing a unscheduled underlying insurance and b. scheduled underlying insurance. 20. Unscheduled underlying insurance a. Unscheduled underlying insurance means insur ance policies available to an insured whether 1 primary 2 excess 3 excess contingent or 4 otherwise except the policies listed in the Schedule of Under lying Insurance. b. Unscheduled underlying insurance does not in clude insurance purchased specifically to be ex cess of this policy. 21. Watercraft means a vehicle designed to transport persons or property in or on water. SECTION VI DEFENSE PAYMENT AND RELATED DUTIES 1. If a claim or suit alleges damages covered by under lying policies and the obligation of all underlying in surers either to a. investigate and defend the insured or b. pay the cost of such investigation and defense ceases solely through exhaustion of all underlying lim its of liability through payment of a combination of covered expenses settlements or judgments for incidents taking place during our policy period then we will either a. assume the investigation and defense of the in sured against suits seeking damages or b. if we elect not to assume the investigation and defense in 1.a. above we will reimburse the in sured for reasonable defense costs and expenses incurred with our written consent. However such reimbursement excludes 1 office expenses of the insured 2 salaries and expenses of employees and Page 11 of 14 performed by you or on your ranaiitive M Tl e a et the fitness quality durability your work and the providing of rings or instructions. 1s the amount stated in Item 4. g insurance means the insur the Schedule of Underlying In ewal or replacement of such ot more restrictive than those tioned Schedule of Underlying 9291519158051000200 Page 11 of 14 | 1 |
G15057 A Ed. 1089 3 general retainer fees of counsel retained by the insured. We will investigate and defend suits brought against an insured for a claim or suit that alleges damages from an incident not covered under a. scheduled underlying insurance and b. unscheduled underlying insurance but which seeks damages arising out of an incident otherwise covered under this policy. Costs and ex panses of such investigation and defense are not subject to the retained limit. We will investigate and defend an insured or reim burse an insured for such costs of investigation and defense described in either 1. or 2. above even if the allegations of a suit are a. groundless b. false or c. fraudulent but only until we make payment or offer to pay or de posit in court that part of judgments not exceeding our limit of liability. We shall also have the sole right to make settiement of a suit as we deem expedient. If not permitted by law or otherwise to perform these duties we will pay an insured for defense costs and expenses incurred with our prior written consent. Amounts we pay or incur pursuant to the obligation to defend or pay the costs and expenses of defense are in addition to and not subject to the limits of liability stated in the Declarations. In addition to our limits of liability we will pay prejudg ment interest awarded against an insured on that part of a judgment covered by this policy. We will not pay prejudgment interest on that period of time after we offer to pay a. our limit of liability or b. that portion of our limit of liability which equals the amount of a settlement demand when combined with the limits of underlying insurers. We will pay interest on a judgment that accrues after entry of that judgment but before we have a. paid b. offered to pay or c. deposited in court that part of the judgment that is within the limit of in surance of this policy. The amount of interest we pay will be in direct proportion that amount we pay as damages bears to the total amount of judgment. We will not pay additional interest that accrues after we have a. paid b. offered to pay c. deposited in court that part of the judgment that is within the limit of in surance of this policy. 9. We will pay all reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit. This includes actual loss of earnings up to 100 a day because of time off from work. SECTION VIl POLICY TERRITORY Policy Territory means anywhere in the world provided such liability is covered by valid and collectible Underlying Insurance as listed in the Schedule of Underlying Insur ance for the full limit shown therein and then only for such liability for which coverage is afforded under said Underly ing Insurance. With respect to claims made or suits instituted in courts elsewhere than within 1. the United States of America including its territories and possessions 2. Puerto Rico or 3. Canada we shall have the right but not the duty to defend such suits and to make such 1. investigation 2. negotiation and 3. settlement of such claims or suits as we deem expedient provided in cases in which we elect not to investigate settle or defend you under our supervision will make or cause to be made such investigation and defense as may be reasonably necessary and subject to prior authorization by us will effect to deem prudent. We shall reimburse you for the reasonable cost of such 1. investigation 2. settlement or 3. defense in the currency of the United States at the rate of exchange prevailing on the date of payment. to pay or d in court G15057 A Ed. 1089 Page 12 of 14 | 1 |
G15057 A Ed. 1089 NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT BROAD FORM Itis agreed that This policy does not apply A. Under Liability Coverage to ultimate net loss 1. With respect to which you under this policy are also an insured under a nuclear energy li ability policy issued by the a. Nuclear Energy Liability Insurance Asso ciation b. Mutual Atomic Energy Liability Underwrit ers or. Nuclear Insurance Association of Can ada or would be an insured under such policy but for its termination upon exhaustion of its limit of liability or 2. Resulting from the hazardous properties of nuclear material and with respect to which a. a person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or a law or amendment thereof or b. the insured is or had this policy not been issued would be entited to indemnity from the United States of America or an agency thereof under an agreement en tered into by the United States of Amer ica or any agency thereof with a person or organization. B. Under any Medical Payment Coverage or under any Supplementary Payments provision relating to first aid to expenses incurred with respect to ultimate net loss resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any per son or organization. Under any Liability Coverage to ultimate net loss resulting from the hazardous properties of nuclear material if 1. The nuclear material a. is at a nuclear facility owned by or op erated by or on behalf of an insured or b. has been discharged or dispersed there from 2. The nuclear material is contained in spent fuel or waste at any time possessed han G15057 A Ed. 1089 dled used processed stored transported or disposed of by or on behalf of an insured or 3. The loss arises out of the furnishing by an i sured of services materials parts or equip ment in connection with the a. planning b. construction. maintenance d. operation or use of a nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this exclusion C.3. applies only to ultimate net loss to such nuclear facility and any prop erty threat. Il As used in this endorsement A Hazardous properties include radioactive toxic or explosive properties. Nuclear material means source material special nuclear material or byproduct material. Source material special nuclear material and byproduct material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means a fuel element or fuel compo nent solid or liquid which has been used or ex posed to radiation in a nuclear reactor. Waste means waste material 1. containing byproduct material other than the tailings or waste produced by the extraction or concentration of uranium or thorium from ore processed primarily for its source material content and 2. resulting from the operation by a person or organization of a nuclear facility included within paragraphs 1. and 2. of the definition of nuclear facility. Nuclear facility means 1. anuclear reactor 2. any equipment or device designed or used for a. separating the isotopes of uranium or plutonium Page 13 of 14 29151891858051000200 Page 13 of 14 | 1 |
G15057 A Ed. 1089 4. any structure basin excavation premises or place prepared or used for the storage or dis posal of waste and includes the site on which any of the forego ing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means an apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fis sionable material. Ultimate net loss includes all forms of radioactive contamination of property. b. processing or utilizing spent fuel or c. handling processing or packaging waste any equipment or device used for the process ing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment is lo cated consists of or contains more than a. 25 grams of plutonium or uranium 233 or any combination thereof or b. 250 grams of uranium 235 G15057 A Ed. 1089 Page 14 of 14 | 1 |
G16197 B Ed. 0792 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDATORY ENDORSEMENT NEW YORK a 30 days before the effective date of can cellation if we cancel for any reason not included in paragraph b below. b 15 days before the effective date of can cellation if we cancel for any of the follow ing reasons 0 ii Nonpayment of premium Conviction of a crime arising out of acts increasing the hazard insured against Discovery of fraud or material misrep resentation in the obtaining of the policy or in the presentation of a claim thereunder iv After issuance of the policy or after V the last renewal date discovery of an act or omission or a violation of any policy condition that substantially and materially increases the hazard insured against and which occurred subsequent to inception of the current policy period Material physical change in the prop erty insured occurring after issuance or last annual renewal anniversary date of the policy that results in the property becoming uninsurable in ac cordance with our objective uni formly applied underwriting standards in effect at the time the policy was is sued or last renewed or material change in the nature or extent of the risk occurring after issuance or last annual renewal anniversary date of the policy that causes the risk of loss to be substantially and materially in creased beyond that contemplated at the time the policy was issued or last renewed vi Required pursuant to a determination by the Superintendent that continua tion of our present premium volume would jeopardize our solvency or be hazardous to the interest of our poli cyholders our creditors or the public vii A determination by the Superinten dent that the continuation of the pol icy would violate or would place us in Page 10f 3 For policies issued or delivered in New York the policy terms and conditions are amended by the following I. Exclusion q. SECTION I is replaced by the following q. Liability imposed on the insured under a personal injury protection law a reparations benefits law or other similar law. IIl. Condition 2. Section IV is amended by the addition of the following 2. c. Notice given by or on behalf of the insured or written notice by or on behalf of the injured person or any other claimant to any agent of ours in New York State with particulars suffi cient to identify the insured shall be consid ered notice to us. Failure to give such notice shall not invalidate any claim made by the in sured or by any other claimant if it was not reasonably possible to give such notice and that notice was given as soon as was rea sonably possible. lll. Condition 3. SECTION IV is replaced by the follow ing 3. Legal Action Against Us No legal action shall be brought against us unless you have fully complied with all the terms of this policy and the amount of your obligation to pay has been finally determined either by a. Judgment against you b. Written agreement between us you and the claimant or c. Judgment against you remains unsatisfied at the expiration of 30 days from the serving of notice of entry of judgment upon you your attorney or us. IV. Condition 5.d. SECTION IV is replaced by the follow ing 5. d. We shall audit your books and records within 180 days after the expiration of this policy. V. Paragraphs b. c. and e. of Condition 6. Cancellation SECTION 1V are replaced by the following b. 1 Cancellation For Policies In Effect 60 Days or Less We may cancel this policy by mailing or deliv ering to the first Named Insured written notice of cancellation at least G16197 B Ed. 0792 2915191858051000200 | 2 |
G16197 B Ed. 0792 violation of any provision of the In surance Code or Where we have reason to believe in good faith and sufficient cause that there is a probable risk of danger that the insured will destroy or permit to be destroyed the insured property for the purpose of collecting the insur ance proceeds. 2 Cancellation Of Policies In Effect For More Than 60 Days If this policy has been in effect for more than 60 days or if this policy is a renewal or con tinuation of a policy we issued we may cancel this policy only for any of the reasons listed in paragraph 1b above provided we mail the first Named Insured written notice of cancella tion at least 15 days before the effective date of cancellation. c. We will mail or deliver our notice including the reason for cancellation to the first Named Insured at the address shown in the policy and the authorized agent or broker. e. If this policy is canceled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. However when the premium is advanced under a premium finance agreement we will be entitied to retain minimum earned premium of 10 of the total policy premium or 60 whichever is greater. The cancellation will be effective even if we have not made or offered a refund. VL. The following Conditions SECTION IV are added and supersedes any other provisions to the Contrary 1. Nonrenewal If we decide not to renew this policy we will send notice as provided in paragraph 3. below along with the reason for nonrenewal. 2. Conditional Renewal If we conditionally renew this policy subject to a a. Change of limits Change in type of coverage Reduction of coverage Increased deductible Addition of exclusion or 0o ooy Increased premiums in excess of 10 exclu sive of any premium increase due to and commensurate with insured value added or increased exposure units or as a result of ex G16197 B Ed. 0792 perience rating loss rating retrospective rat ing or audit we will send notice as provided in paragraph 3. below. Notices of Nonrenewal and Conditional Re newal a. If we decide not to renew this policy or to conditionally renew this policy as provided in paragraph 1. and 2. above we will mail or de liver written notice to the first Named Insured shown in the Declarations at least 60 but not more than 120 days before 1 the expiration date or 2 the anniversary date if this is a continu ous policy. b. Notice will be mailed or delivered to the First Named Insured at the address shown in the policy and the authorized agent or broker. If notice is mailed proof of mailing will be suffi cient proof of notice. c. We will not send you notice of nonrenewal or conditional renewal if you your authorized agent or broker or another insured of yours mails or delivers notice that the policy has been replaced or no longer desired. If we send the first Named Insured an incomplete or late conditional renewal notice or a late nonre newal notice as provided for in paragraph 3. above coverage will remain in effect at the same terms and conditions of this policy and at the lower of the current rates or the prior period s rates until 60 days after such notice is mailed or delivered unless the first Named Insured has re placed the coverage or elects to cancel in which case such cancellation shall be on a pro rata premium basis. If however the insured elects to renew on the basis of the conditional renewal no tice then such terms conditions and rates shall govern the policy upon expiration of such 60 day period unless such notice was provided at least 30 days prior to the expiration date of the policy in which case the terms conditions and rates set forth in the conditional renewal notice shall apply as of the renewal date. If we send the first Named Insured a late condi tional renewal notice or a late nonrenewal notice on or after the expiration date of the policy cover age shall remain in effect on the same terms and conditions of this policy for another policy period and at the lower of the current rates or the prior period s rates unless the insured during the addi tional policy period has replaced the coverage or elects to cancel in which case such cancellation shall be on a pro rata premium basis. Page 20f 3 | 2 |
G16197 B Ed. 0792 10020001550853163151629 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. 0915191858051000200 G16375 E Ed. 0104 Page 2 of 2 | 2 |
G16541 B Ed. 0705 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTOMOBILE LIABILITY EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART EXCESS THIRD PARTY LIABILITY POLICY With respects to automobiles only the following exclusion replaces any Automobile exclusion or limitation contained in this policy This insurance does not apply to any liability arising out of the a. Ownership b. Maintenance or c. Use of any automobile. G16541 B Ed. 0705 Page 1 of 1 | 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 19151698580851000200 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. 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. 26915191858051000200 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. G17902 A 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. 91519158051000200 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 E915191858051000200 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. 5915191858051000200 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. 9691519158051000200 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. 6915191858051000200 G144291 A Ed. 0303 Page 1 of 1 | 2 |
IL00 17 1198 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 |
151 N. Franklin St. Chicago IL 60606 CNA Policy Number From Policy Period To Coverage Is Provided By Agency B5085316315080120 080121 Continental Casualty Company 060692310 Named Insured And Address Agent FLUSHING ENDOSCOPY CENTER LLC LOCKTON COMPANIES LLC 136 02 ROOSEVELT AVENUE 444 W. 47TH ST. 900 FLUSHING NY 11354 KANSAS CITY MO 64112 PAYMENT PLAN SCHEDULE THE BILLING FOR THIS POLICY WILL BE FORWARDED TO YOU DIRECTLY FROM CNA. THE PREMIUM AMOUNT FOR THIS TRANSACTION 1s 2083.00 THIS PREMIUM WILL BE INVOICED BY CNA ON A SEPARATE STATEMENT ACCORDING TO THE PAYMENT OPTION YOU SELECT. ISSUE DATE 061720 | 2 |
0v91519158051000200 END OF COPY | 2 |
CARROLS RESTAURANT GROUP INC. 968 JAMES STREET SYRACUSE NY 13217 6969 CNI90 04 0112 Insured | 2 |
Libe f. Mutlrlgi. INSURANCE COMMERCIAL LIABILITY UMBRELLA DECLARATIONS Issued by Liberty Insurance Corporation Policy Number TH7 681 041343 861 Renewal of TH7 681 041343 860 Producer LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 Item 1. Named Insured and Mailing Address CARROLS RESTAURANT GROUP INC. 968 JAMES STREET SYRACUSE NY 13217 6969 The Named Insured is Corporation Item 2. Policy Period 1012021 to 1012022 at 1201 A.M. standard time at above mailing address. Item 3. Limits of Insurance Each Occurrence Limit 10000000 General Aggregate Limit 10000000 Products Completed Operations Aggregate Limit 10000000 Item 4. Self Insured Retention Each Occurrence 0 Item 5. Premium Premium Basis Audit Basis Estimated Exposure Rate Advance Premium Flat Charge 0 322605 0 322605 154 528 0 Certified Acts of Terrorism Coverage Total Advance Premium KY Firefighters Surcharge KY Municipal Tax Minimum Retained Premium Issued Code Number Account Number Sub Account Number PP 1282021 99935 8 041343 0003 LCU 00020118 2017 Liberty Mutual Insurance Page 1 0of 2 | 2 |
Item 6. Underlying Insurance ICoverage Insurer Policy Period IPolicy Number Limits of Insurance Employers Liability LM Insurance Corporation 1012021 to 1012022 WA5 68D041343 241 1000000 By Accident Each Accident 1000000 By Disease Policy Limit 1000000 By Disease Each Employee Auto Liability Liberty Mutual Fire Insurance ICompany 1012021 to 1012022 IAS2 681 041343 011 1000000 CSL General Liability Liberty Mutual Fire Insurance ICompany 1012021 to 1012022 TB2 681 041343 361 1000000 Each Occurrence 25000000 General Aggregate 2000000 Products Completed Ops Aggregate 1000000 Pers Adv Injury Limit Aircraft Liability Endurance American Insurance 10000000 Each Occurrence ICompany 1012021 to 1012022 INAN6037075 Excess Employers Midwest Employers Casualty 1000000 Each Accident Liability OH Company 1000000 Policy Limit 1012021 to 1012022 1000000 Each Employee XS of SIR EWC008252 400000 Self Insured Retention Employee Benefits Liberty Mutual Fire Insurance 1000000 Each Employee Liability ICompany 1000000 Aggregate 1012021 to 1012022 TB2 681 041343 361 Employers Liability New CFH LLC Starr Indemnity Liability ICompany 1012021 to 1012022 100 0003479 1000000 By Accident Each Accident 1000000 By Disease Policy Limit 1000000 By Disease Each Employee Employers Liability MA Liberty Insurance Corporation 1012021 to 1012022 WA7 68D041343 871 1000000 By Accident Each Accident 1000000 By Disease Policy Limit 1000000 By Disease Each Employee In any jurisdiction state or province where the amount of Employers Liability Insurance provided by the underlying insurers is by law unlimited the underlying Employers Liability limits shown in the above schedule do not apply and no coverage for Employers Liability shall be provided by this policy. ps XS of SIR 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 N oo Authorized Company Representatit LCU 00020118 2017 Liberty Mutual Insurance Page 2 of 2 | 2 |
LOCKTON COMPANIES LLC ATTN ANITA COX 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 CNI90 050112 Producer | 2 |
Policy Number TH7 681 041343 861 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DECLARATIONS EXTENSION NAMED INSURED This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Item 1. Named Insured of the Declarations is amended as follows Carrols Restaurant Group Inc. New CFH LLC Carrols Holdco Inc. Carrols Restaurant Group Inc. Carrols LLC Carrols Corporation Health and Welfare Benefits Plan Carrols Corporation Retirement Savings Plan Republic Foods Inc. LCU 99050118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
SCHEDULE OF FORMS AND ENDORSEMENTS Form Number Form Name LCU 00020118 LCU 990501 18 LCU 00010118 LCU 02 06 06 20 LCU 02750118 LCU 04070118 LCU 04110118 LCU 04300118 LCU 21010118 LCU 21470118 LCU 21480118 LCU 21850118 LCU 240909 19 LCU 25130118 LCU 26 1301 18 LCU 29090118 LCU 32040118 LCU 32050118 LCU 32320118 LCU 321300118 LCU 321310518 LCU 600501 18 LCU99 16 01 18 Commercial Liability Umbrella Declarations Declarations Extension Named Insured Commercial Liability Umbrella Coverage Form New York Changes Cancellation And Nonrenewal Earlier Notice of Cancellation Provided By Us Professional Health Care Services By Employees or Volunteer Workers Coverage Crisis Management Coverage Alienated Premises Coverage Communicable Disease Exclusion Damage First Occurring Prior To Policy Period Exclusion Scheduled Endorsement Exclusion Access or Disclosure of Confidential or Personal Information and Data Related Liability Exclusion With Limited Bodily Injury Exception Foreign Liability Limitation Unimpaired Aggregate Pesticide Or Herbicide Applicator Pollution Limitation Products Completed Operations Hazard Redefined New York Changes New York Transfer Of Duties When A Limit Of Insurance Is Used Up New York Changes Silica Or Silica Related Dust Exclusion New York Changes Fungi or Bacteria Non Employment Discrimination Limitation Certified Acts of Terrorism Exclusion Notice Of Cancellation To Third Parties Page 10f 2 For attachment to TH7 681 041343 861 | 2 |
LMU 04 3205 18 EN 9009 01 10 SNI 04 010120 SNI90 020120 LIL90 07 10 13 Fungi or Bacteria Limitation Kentucky Notice to Policyholders Liberty Mutual Group California Privacy Notice Policyholder Disclosure Terrorism Risk Insurance Act Signature Page Page 2 0f 2 For attachment to TH7 681 041343 861 | 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. Alimited 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 |
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