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b To the spouse child parent brother or sister of that co employee or volunteer worker as a consequence of Paragraph 1a above c For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph 1a or 1b above or d Arising out of his or her providing or failing to provide professional health care services. However Paragraphs 1a 1b and 1c do not apply to the extent underlying insurance provides coverage for such persons. Coverage under this policy will be no broader than that provided by underlying insurance. Insurance provided by this policy for bodily injury to a co employee or volunteer worker will not apply if the injured co employee s or volunteer worker s sole remedy for such injury is provided under a workers compensation law or any similar law. Property damage to property a Owned occupied used by b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. b. Any person other than your employee or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. d. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this policy. e. Any person or organization included as an additional insured in underlying insurance. Coverage under this policy will be no broader than that provided by underlying insurance. However 1 The insurance afforded to such additional insured only applies to the extent permitted by law and 2 If coverage provided to the additional insured is required by a contract or agreement this insurance will be no broader than that which you are required by the contract or agreement to provide for such additional insured. The Limits of Insurance applicable to the additional insured are included within and are not in addition to the Limits of Insurance shown in the Declarations. f. Any person while using with your permission a covered auto and any person or organization legally responsible for its use but only if that person is an insured with respect to liability arising out of the ownership maintenance use or entrustment to others of covered autos. 5. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as an insured under this policy if there is no other similar insurance available to that organization and that organization qualifies as an insured in underlying insurance. However LCU 00010118 2017 Liberty Mutual Insurance Page 3 of 24 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 3 of 24 | 1 |
a. Coverage under this provision is afforded only until the 180 day after you acquire or form the organization or the end of the policy period whichever is earlier. However such coverage will be provided for no longer than that provided by underlying insurance and b. Coverage does not apply to any liability that occurred or offense committed before you acquired or formed the organization. Except as provided in Paragraph 5. above no person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION lll LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought c. Persons or organizations making claims or bringing suits or d. Coverages provided under this policy. The General Aggregate Limit is the most we will pay for the sum of all damages covered under this policy except a. Damage included in the products completed operations hazard and b. Damage covered by underlying insurance to which no aggregate limit applies. The General Aggregate Limit applies separately and in the same manner as the aggregate limits in the underlying insurance. The Products Completed Operations Aggregate Limit is the most we will pay for the sum of all damages because of bodily injury and property damage included in the products completed operations hazard. Subject to Paragraphs 2. and 3. above if either applies the Each Occurrence Limit is the most we will pay for the sum of all damages covered under this policy arising out of any one occurrence. If the applicable limits of insurance of underlying insurance or other insurance providing coverage to the insured are reduced or exhausted by payments of damages subject to the terms and conditions of this policy we will a. In the event of reduction pay in excess of the reduced applicable limits of underlying insurance or other insurance or b. In the event of exhaustion continue in force as underlying insurance but for no broader coverage than is available under this policy. The retained limit will not be reduced or exhausted by defense costs loss adjustment expenses supplementary payments or similar amounts that reduce or exhaust the policy limits of underlying insurance or other insurance. If any underlying insurance has a limit of insurance greater than the amount shown in the Schedule of Underlying Insurance this policy will apply in excess of the greater amount. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 4 of 24 | 1 |
The Limits of Insurance of this policy apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance of this policy. If coverage provided to an additional insured is required by a contract or agreement we will pay on behalf of the additional insured the lesser of a. The amount of insurance required by the contract or agreement less any amounts payable by any underlying insurance or otherwise retained or b. The available applicable Limits of Insurance of this policy. SECTION IV DEFENSE AND SUPPLEMENTARY PAYMENTS 1. We will have the right and duty to defend any suit seeking damages covered by this insurance by counsel of our choice when a. The total applicable limits of underlying insurance and other insurance have been exhausted by payment of damages covered by this policy or b. The damages sought because of bodily injury property damage personal and advertising injury or any damage arising from any actual or alleged negligent act error or omission in the administration of the Named Insured s employee benefit program to which this insurance applies would not be covered by underlying insurance or other insurance. However we have no duty to defend any suit if any other insurer has a duty to defend. If we have a duty to defend but are prevented by law or statute from performing that duty you agree to take up such defense and investigation. We will reimburse you for our share of the reasonable costs paid for such investigation or defense. We have the right but not the duty at our expense to participate in the defense of any suit and the investigation of any claim to which this insurance may apply. However if we exercise this right we will not contribute to the expenses of the insured or underlying insurer. We will pay the following supplementary payments with respect to any claim we investigate or settle or any suit against the insured we defend a. All expenses we incur. b. The premium for bonds to release attachments but only for bond amounts within the applicable Limits of Insurance of this policy. We do not have to furnish these bonds. c. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings because of time off from work but not including the salaries of the insured s employees and in no event more than 500 a day. d. All court costs taxed against the insured in the suit. e. Prejudgment interest awarded against the insured on that part of the judgment we pay. However if we make a settlement offer within the applicable Limits of Insurance of this policy that is acceptable to the claimant or make an offer to pay the applicable Limits of Insurance of this policy we will not pay any prejudgment interest accruing after we make such offer. f. Post judgment interest awarded against the insured on that part of the judgment we pay that accrues after the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable Limits of Insurance of this policy. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 5 of 24 | 1 |
These payments will not reduce the Limits of Insurance of this policy. 5. Our duty to defend any claim or suit and make any supplementary payments ends once we have exhausted the applicable Limits of Insurance of this policy by payment of judgment or settlements. SECTION V EXCLUSIONS This insurance does not apply to 1. Aircraft Any liability arising out of the ownership maintenance use or entrustment to others of any aircraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured. However this exclusion does not apply to the extent underlying insurance provides such coverage. Coverage under this policy will be no broader than that provided by underlying insurance. Asbestos Any liability arising or allegedly arising out of asbestos either alone or in combination with other substances or factors. Auto Coverages a. Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any auto. Use includes operation and loading or unloading. However this exclusion does not apply to the extent underlying insurance provides such coverage. Coverage under this policy will be no broader than that provided by underlying insurance. b. Any loss cost or expense payable under or resulting from a first party physical damage coverage no fault law personal injury protection or auto medical payments coverage or uninsured or underinsured motorist law. Contractual Liability Any obligation of the insured by reason of the assumption of liability in a contract or agreement including an insured contract. This exclusion does not apply to a. Liability for damages that the insured would have in the absence of the contract or agreement b. Bodily injury or property damage assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the insured contract or c. The extent underlying insurance provides coverage for personal and advertising injury assumed in an insured contract. Coverage under this policy will be no broader than that provided by underlying insurance. Solely for the purposes of liability assumed in an insured contract reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of such liability provided 1 The liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 6 of 24 | 1 |
2 Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. Damage to Impaired Property or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of a. A defect deficiency inadequacy or dangerous condition in your product or your work or b. Adelay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. Damage to Property Property damage to a. Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property b. Premises you sell give away or abandon if the property damage arises out of any part of those premises c. Property loaned to you d. Personal property in the care custody or control of the insured e. That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or f. That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraph b. of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs c. d. e. and f. of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraphs c. and d. of this exclusion do not apply to liability assumed under a written Trailer Interchange agreement. Paragraph f. of this exclusion does not apply to property damage included in the products completed operations hazard. Damage to Your Product Property damage to your product arising out of it or any part of it. Damage to Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 7 of 24 | 1 |
9. ERISA Any obligation of the insured under the Employee Retirement Income Security Act of 1974 ERISA and any amendments thereto or any similar federal state or local statute or regulation. 10. Electronic Data Any liability arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. 11. Employee Benefits Liability Any actual or alleged act error or omission in the administration of the Named Insured s employee benefit program. However this exclusion does not apply to the extent underlying insurance provides such coverage. Coverage under this policy will be no broader than that provided by underlying insurance subject to the following a. fthe applicable underlying insurance applies such coverage on a claims made basis 1 This insurance applies only if a The negligent act error or omission committed in the administration of the Named Insured s employee benefit program occurs on or after the retroactive date if any provided by the underlying insurance and prior to the end of the policy period and b The claim or suit for such negligent act error or omission is first made in writing against any insured during i The policy period or ii An extended reporting period as provided by underlying insurance subject to Paragraph 2 below. 2 Any extended reporting period provided by this policy will not reinstate or increase the Limits of Insurance applicable to any claim to which this insurance applies extend the policy period or change the scope of coverage provided by this policy. b. If the applicable underlying insurance does not apply such coverage on a claim made basis this insurance applies only if the negligent act error or omission committed in the administration of the Named Insured s employee benefit program occurs during the policy period. 12. Employer s Liability Bodily injury to a. An employee of the insured arising out of and in the course of 1 Employment by the insured or 2 Performing duties related to the conduct of the insured s business or b. The spouse child parent brother or sister of that employee as a consequence of Paragraph a. above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. However this exclusion does not apply a. To liability assumed by the insured under an insured contract or LCU 00010118 2017 Liberty Mutual Insurance Page 8 of 24 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 8 of 24 | 1 |
13. 14. 15. 16. b. If the bodily injury is covered by underlying insurance. Coverage under this policy will be no broader than that provided by underlying insurance. Employment Related Practices a. Any liability arising out of 1 Refusal to employ a person 2 Termination of a person s employment or 3 Employment related practices policies acts or omissions such as coercion demotion failure to promote evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at a person or b. Consequential bodily injury or personal and advertising injury to the spouse child parent brother or sister of that person at whom any of the employment related practices described in Paragraph a. above is directed. This exclusion applies a. Whether the injury causing event described in Paragraph a. above occurs before employment during employment or after employment of a person b. Whether the insured may be liable as an employer or in any other capacity and c. To any obligation to share damages with or repay someone else who must pay damages because of the injury. Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. Fungi or Bacteria Any liability arising out of or related in any way to fungi or bacteria the exposure to fungi or bacteria or any claims arising from fungi or bacteria. This includes but is not limited to a. Injury or damage which would not have occurred in whole or in part but for the actual alleged or threatened inhalation of ingestion of contact with exposure to existence or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed concurrently or in any sequence to such injury or damage or b. Any loss cost or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. This exclusion does not apply to any fungi or bacteria that are on or are contained in a good or product intended for human or animal consumption. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of a. Causing or contributing to the intoxication of any person LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 9 of 24 | 1 |
b. The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or c. Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured or providing or failing to provide transportation with respect to any person that may be under the influence of alcohol if the occurrence which caused the bodily injury or property damage involved that which is described in Paragraph a. b. or c. above. This exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. However this exclusion does not apply to the extent underlying insurance provides such coverage. Coverage under this policy will be no broader than that provided by underlying insurance. We will follow underlying insurance with respect to whether or not permitting a person to bring alcoholic beverages on your premises for consumption on your premises whether or not a fee is charged or a license is required for such activity is considered the business of selling serving or furnishing alcoholic beverages. 17. Nuclear Energy a. Any liability 1 With respect to which an insured under this policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its limits of insurance or Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the insured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization. b. Any liability resulting from the hazardous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on behalf of an insured or b has been discharged or dispersed therefrom 2 The nuclear material is contained in spent fuel or waste at any time possessed handled used processed stored transported or disposed of by or on behalf of an insured or 3 The injury or damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this Paragraph 3 applies only to property damage to such nuclear facility and any property thereat. As used in this exclusion a. Hazardous properties include radioactive toxic or explosive properties. b. Nuclear material means source material special nuclear material or by product material. c. Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. d. Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 10 of 24 | 1 |
h. 18. Personal and Adverti Waste means any waste material 1 Containing by product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content and 2 Resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility. Nuclear facility means 1 Any nuclear reactor 2 Any equipment or device designed or used for a Separating the isotopes of uranium or plutonium b Processing or utilizing spent fuel or c Handling processing or packaging waste 3 Any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 or 4 Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioactive contamination of property. ing Injury Caused by an offense committed by or on behalf of the insured with knowledge that the act would violate the rights of another and would inflict personal and advertising injury Arising out of the oral written or electronic publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity Avrising out of the oral written or electronic publication in any manner of material whose content in the same or substantially the same form was published before the beginning of the policy period Avrising out of a criminal act committed by or at the direction of the insured Avrising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement Arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement Arising out of the wrong description of the price of goods products or services stated in your advertisement LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 11 of 24 | 1 |
h. Arising out of infringement of or any other violation relating to copyright patent trademark trade secret or other intellectual property right. However this Paragraph h. does not apply to 1 Infringement of copyright trade dress or slogan committed in your advertisement or 2 The unauthorized use in your advertisement of another s idea for an advertisement i. Committed by an insured whose business is 1 Advertising broadcasting publishing or telecasting 2 Designing or determining content of websites for others or 3 An Internet search access content or service provider. However this Paragraph i. does not apply to Paragraphs 18.a. 18.b. and 18.c. under SECTION VII DEFINITIONS. For purposes of this Paragraph i. the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting j Arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control or k. Arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. 19. Pollution a. Any liability arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants anywhere at any time whether included in a product or otherwise. However this exclusion does not apply to the extent underlying insurance provides coverage for liability described in Paragraphs 1 through 6 below. Coverage under this policy will be no broader than that provided by underlying insurance. 1 Bodily injury if sustained within a building which is or was at any time owned or occupied by or rented or loaned to any insured and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests 2 Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire 3 Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids that are needed to perform normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor 4 Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 12 of 24 | 1 |
20. 21. b. 5 Bodily injury or property damage arising out of the escape of fuels lubricants fluids exhaust gases or other similar pollutants that are needed for or result from the normal electrical hydraulic or mechanical functioning of a covered auto or its parts if a The pollutants escape seep migrate or are discharged dispersed or released directly from an auto part designed by its manufacturer to hold store receive or dispose of such pollutants and b The bodily injury or property damage does not arise out of the operation of any equipment shown in Paragraphs f.2 and f.3 of the definition of mobile equipment or 6 Bodil jury or property damage caused by or resulting from occurrences that take place away from premises owned by or rented to an insured with respect to pollutants not in or upon a covered auto if a The pollutants or any property in which the pollutants are contained are upset overturned or damaged as a result of the maintenance or use of a covered auto and b The discharge dispersal seepage migration release or escape of the pollutants is caused directly by such upset overturn or damage. Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2 Claim or suit by or on behalf of a government authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. This exclusion applies regardless of whether such discharge dispersal seepage migration release or escape occurs inside or outside a building or whether such pollutant has any function in your business operations premises site or location. Recall of Products Work or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of a. b. c. Your Product Your Work or Impaired Property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. Recording and Distribution of Material or Information in Violation of Law Any liability arising out of any action or omission that violates or is alleged to violate a. b. The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law The CAN SPAM Act of 2003 including any amendment of or addition to such law The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transaction Act FACTA or LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 13 of 24 | 1 |
22 23. 24. d. Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. War Any liability however caused arising out of a. War including undeclared or civil war b. Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or c. Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Watercraft Any liability arising out of the ownership maintenance use or entrustment to others of any watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured. However this exclusion does not apply to the extent underlying insurance provides such coverage. Coverage under this policy will be no broader than that provided by underlying insurance. Workers Compensation and Similar Laws Any obligation of the insured under a workers compensation disability benefits unemployment compensation law or any similar law. SECTION VI CONDITIONS 1. Appeals If the insured or the underlying insurers elect not to appeal a judgment we may elect to do so. If we appeal we will be liable for all court costs expenses incurred and interest incidental to the appeal which will be in addition to the Limits of Insurance of this policy. However our liability for such a judgment or settlement will not exceed the Limits of Insurance of this policy. 2. Audit and Premium a. You agree to pay the premium when due. b. The Premium shown as Advance Premium on the Declarations is a flat charge unless a rate is shown. c. If a rate is shown in the Declarations the Advance Premium shown in the Declarations is an estimated premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first named insured. If the earned premium is greater than Advance Premium you will promptly pay us the difference. If the earned premium is less than the Advance Premium we will return the difference to the first named insured subject to the Minimum Retained Premium if any shown in the Declarations for each twelve months of the policy period. d. The first named insured should keep records of the information we need for premium computation and make available to us or send us this information whenever we request. e. We may examine your books and records as they relate to this policy at any time during the policy period and for up to three years after the expiration or termination of this policy. LCU 00010118 2017 Liberty Mutual Insurance Page 14 of 24 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 14 of 24 | 1 |
f. We may at our option make an additional premium charge for any organization that you acquire or form during the policy period. Bankruptcy or Insolvency Your or any underlying insurer s bankruptcy insolvency or inability to pay shall neither relieve nor increase our obligations under this policy. However under no circumstances will such bankruptcy insolvency or inability to pay require us to drop down replace or assume any obligation of underlying insurance. This insurance will apply as if the underlying insurance were in full effect. Cancellation and Nonrenewal a. The first named insured may cancel this policy by mailing or delivering advance written notice to us stating when cancellation is to take effect. b. We may cancel this policy by mailing or delivering to the first named insured written notice of cancellation at least 1 10 days before the effective date of cancellation if we cancel for nonpayment of premium or 2 30 days before the effective date of cancellation if we cancel for any other reason. We will mail or deliver our notice to the first named insured s last mailing address known to us. c. The policy period will end on the day and hour stated in the cancellation notice. d. If we cancel final premium will be calculated pro rata based on the time the policy was actually in effect. e. If the first named insured cancels the premium refund may be less than pro rata and will be subject to the Minimum Retained Premium if any shown in the Declarations. f. Premium adjustment will be made at the time of cancellation or as soon as practicable thereafter but cancellation will be effective even if we have not made or offered any refund of unearned premium. Our check or our representative s check mailed or delivered shall be sufficient tender of any refund due. g. If we decide not to renew this policy we will mail or deliver our written notice of nonrenewal to the first named insured s last mailing address known to us not less than 30 days before the policy expiration date. h. If notice is mailed proof of mailing will be sufficient proof of notice. Changes This policy may be amended only by a written endorsement to this policy issued by us. Duties in the Event of Occurrence Claim or Suit a. You must promptly notify us of any occurrence which may result in a claim or suit seeking damages under this policy. To the extent possible notice should include 1 How when and where the occurrence took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence. Notice of an occurrence is not notice of a claim. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 15 of 24 | 1 |
b. If a claim is made or suit is brought against any insured that is reasonably likely to involve the coverage provided by this policy you must notify us in writing promptly. c. You and any other involved insured also must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation settlement or defense of any claim or suit we investigate settle or defend and 4 Upon our request assist us in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation make any admission or incur any expense other than for first aid without our consent. As used in this Paragraph 6. promptly means as soon as practicable after knowledge of the occurrence has been reported to an executive officer of the insured or to the employee designated by the insured to give us notice. 7. Inspection We have the right but are not obligated to inspect your premises and operations at any time. Our inspections are not safety inspections. They relate only to the insurability of your premises and operations and the premiums to be charged. We may give you reports on the conditions that we find. We may also recommend changes. However we do not undertake to perform the duty of you or any person or organization to provide for the health or safety of your employees or the public. We do not warrant the health and safety conditions of your premises or operations nor do we represent or certify that your premises or operations comply with laws regulations codes or standards. This condition applies not only to us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys reports or recommendations for us. 8. Legal Action Against Us No person or organization has the right under this policy a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us under this policy unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this policy or that are in excess of the applicable Limits of Insurance of this policy. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. 9. Maintenance of Underlying Insurance During the policy period you must ensure that a. All underlying insurance remains in effect b. The terms definitions conditions and exclusions of all underlying insurance do not materially change c. Any renewals or replacements of any underlying insurance will not be more restrictive in coverage and will afford limits of insurance equal to or greater than the policy being renewed or replaced LCU 00010118 2017 Liberty Mutual Insurance Page 16 of 24 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
10. 1. 12. 13. d. The total applicable limits of all underlying insurance do not decrease except for any reduction or exhaustion of aggregate limits by payment of judgments or settlements and e. You notify us in writing as soon as practicable if any underlying insurance is cancelled not renewed replaced or otherwise terminated or if the limits or scope of coverage of any underlying insurance is changed. Failure to comply with these requirements will not invalidate this insurance. However in the event of such failure we will only be liable to the same extent that we would have been had you fully complied with these requirements. Named Insureds a. The first named insured is authorized to act and agrees to act on behalf of all persons or organizations insured under this policy with respect to all matters pertaining to the insurance afforded by the policy. b. Each Named Insured is jointly and severally liable for 1 All premiums due under this policy and 2 Any other financial obligations of any Named Insured to us arising out of any agreements contained in this policy. Other Insurance This insurance is excess over and will not share or contribute with any other insurance whether primary excess contingent or on any other basis. However this insurance will not seek contribution from any other insurance available to an additional insured provided that a. The additional insured is a Named Insured on such other insurance b. You have agreed in a written contract or agreement with the additional insured that this insurance would not seek contribution from any other insurance available c. Underlying insurance includes the person or organization as an additional insured and d. Underlying insurance provides coverage to the person or organization on a primary and noncontributory basis. Representations By accepting this policy you agree a. The statements in the Declarations are accurate complete and based on information and representations you provided or made to us b. We have issued this policy in reliance upon your information and representations. Separation of Insureds Except with respect to the Limits of Insurance of this policy and any rights or duties specifically assigned to the first named insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 17 of 24 | 1 |
14. 15. 16. 17. 18. 19. Terms Conformed to Statute The terms of this policy which are in conflict with the statutes laws ordinances or regulations of the state or jurisdiction where this policy is issued are amended to conform to such statutes laws ordinances or regulations. Trade or Economic Sanctions This insurance applies except to the extent coverage is in violation of any trade or economic sanction embargo or similar regulation imposed by the United States of America. Transfer of Rights of Recovery Against Others to Us a. Ifany insured has rights to recover all or part of any payment we have made under this policy those rights are transferred to us. The insured will do all that is necessary to secure such rights and must help us enforce them. The insured will do nothing after loss to prejudice such rights. We have the right to recover our payments from anyone liable for injury or damage covered by this policy. We waive any right of recovery we may have against a person or organization if you waive any right of recovery against such a person or organization in a written contract but only if such contract was executed prior to injury or damage. b. Any recoveries shall be applied as follows 1 Any person or organization including the insured that has paid an amount in excess of the applicable Limits of Insurance of this policy will be reimbursed first 2 We then will be reimbursed up to the amount we have paid and 3 Lastly any person or organization including the insured that has paid an amount over which this policy is excess is entitled to claim the remainder. Expenses incurred by us in the exercise of the rights of recovery shall be apportioned among the persons or organizations including the insured in the ratio of their respective recoveries as finally settled. Transfer of Your Rights and Duties Your rights and duties under this policy may not be transferred without our written consent. If you die or are legally declared bankrupt your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. However in such event notice of cancellation of this policy sent to the first named insured and mailed to the last mailing address known to us will be sufficient notice to effect cancellation of this policy. Unintentional Failure to Disclose There will be no coverage under this policy for hazards you fail to disclose at the inception of the policy period except that unintentional failure of the Named Insured to disclose all hazards existing at the inception of this policy shall not be a basis for denial of any coverage afforded by this policy. However you must report the hazard to us as soon as practical after discovering the failure to disclose. When Loss is Payable Coverage under this policy will not apply unless and until the insured or the underlying insurer has paid or is obligated to pay the full amount of the retained limit. However when an agreed settlement or final judgment has been determined we will promptly pay on behalf of the insured those sums falling within the terms of this policy. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 18 of 24 | 1 |
You will promptly reimburse us for any amount within the Self Insured Retention paid by us on your behalf. SECTION VII DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding websites only that part of a website that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. Auto means a. A land motor vehicle trailer or semi trailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However auto does not include mobile equipment. 3. Bodily injury means physical injury sickness or disease including death of a person. Bodily injury also means mental injury mental anguish humiliation or shock if resulting from physical injury sickness or disease to that person. 4. Covered auto means only an auto for which coverage is provided by underlying insurance. 5. Electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 6. Employee includes a leased worker. Employee does not include a temporary worker. 7. Executive officer means a person holding any of the officer positions created by your charter constitution by laws or any other similar governing document. 8. First named insured means the person or organization shown as the Named Insured in the Declarations or if more than one name appears the Named Insured listed first in the Declarations. 9. Fungi means any type or form of fungus including mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. 10. Hostile fire means a fire that becomes uncontrollable or breaks out from where it was intended to be. 11. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. 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 to use by a. The repair replacement adjustment or removal of your product or your work or LCU 00010118 2017 Liberty Mutual Insurance Page 19 of 24 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 19 of 24 | 1 |
b. Your fuffilling the terms of the contract or agreement. 12. Insured contract means A contract for lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract A sidetrack agreement Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality An elevator maintenance agreement That part of any contract or agreement entered into as part of your business pertaining to the rental or lease by you or any of your employees of any auto. However such contract or agreement shall not be considered an insured contract to the extent that it obligates you or any of your employees to pay for property damage to any auto rented or leased by you or any of your employees or That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization provided the bodily injury or property damage is caused in whole or in part by you or by those acting on your behalf. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraphs f. and g. above do not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing That pertains to the loan lease or rental of an auto to you or any of your employees if the auto is loaned leased or rented with a driver I That holds a person or organization engaged in the business of transporting property by auto for hire harmless for your use of a covered auto over a route or territory that the person or organization is authorized to serve by public authority 4 That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or s Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in Paragraph 4 above and supervisory inspection architectural or engineering activities. 13. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 20 of 24 | 1 |
14. Loading or unloading means the handling of property b. c. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto While it is in or on an aircraft watercraft or auto or While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. 15. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in Paragraph a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers and f. Vehicles not described in Paragraph a. b.. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where such vehicles are licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. LCU 00010118 2017 Liberty Mutual Insurance Page 21 of 24 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 21 of 24 | 1 |
16. 17. 18. 19. 20. 21. Occurrence means with respect to a. Bodily injury or property damage an accident including continuous or repeated exposure to substantially the same general harmful conditions. All such exposure to substantially the same general harmful conditions will be deemed to arise out of one occurrence b. Personal and adve ng Injury an offense or series of related offenses. All damages that arise from the same act publication or general conditions are considered to arise out of the same occurrence regardless of the frequency or repetition thereof the number or kind of media used or the number of claimants c. Employee Benefits Liability an act error or omission or a series of related acts errors or omissions negligently committed in the administration of the Named Insured s employee benefit program. Other insurance means any valid and collectible policies of insurance providing coverage for damages covered in whole or in part by this policy. Other insurance does not include underlying insurance any amount shown in the Declarations as a Self Insured Retention or any insurance specifically written as excess over this policy. Personal and advertising injury means injury arising out of one or more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecution c. Wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor d. Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services e. Oral or written publication in any manner of material that violates a person s right of privacy f. The use of another s advertising idea in your advertisement or g. Infringing upon another s copyright trade dress or slogan in your advertisement. Bodily injury that arises out of personal and adverti injury. g injury will be considered personal and advertising Policy period means the period of time from the effective date of this policy shown in Item 2. of the Declarations to the earlier of the expiration termination or cancellation date of this policy. Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. Your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 22 of 24 | 1 |
22 23. 24. 25. 26. 27. 28. b When all of the work to be done at the site has been completed if your contract calls for work at more than one job site. c When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. b. This hazard does not include bodil jury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you created by the loading or unloading of that vehicle by any insured or 2 The existence of tools uninstalled equipment or abandoned or unused materials. Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. Retained limit means as to each occurrence the greater of a. The total applicable limits of the underlying insurance plus any other insurance available to the insured or b. The Self Insured Retention shown in the Declarations as a result of any one occurrence not covered by underlying insurance nor any other insurance. The Self Insured Retention does not apply to occurrences that would have been covered by underlying insurance but for the exhaustion of applicable limits. Spouse means any husband wife or partner in a marriage or civil union or any person qualifying as a domestic partner under any federal state or local laws or under the Named Insured s employee benefit program. Suit means a civil proceeding in which damages because of any liability to which this insurance applies are alleged. Suit includes a. 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 claimed and can be awarded and to which the insured submits with our consent. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Underlying insurance means the policy or policies of insurance or self insurance listed in the Declarations under the Schedule of Underlying Insurance. Underlying insurer means any insurer who provides underlying insurance. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 23 of 24 | 1 |
29. 30. 31. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and who is not paid a fee salary or other compensation by you or anyone else for their work performed for you. Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 24 of 24 | 1 |
Policy Number TH7 681 041343 861 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW YORK CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM I If you are an individual and a covered auto you own is predominantly used for nonbusiness purposes Paragraph 4. of SECTION VI CONDITIONS is deleted and replaced by the following ENDING THIS POLICY A. Cancellation 1. You may cancel the entire policy by returning it to us or by giving us advance notice of the date cancellation is to take effect. 2. When this policy is in effect less than 60 days and is not a renewal or continuation policy we may cancel the entire policy for any reason provided we mail you notice within this period. If we cancel for nonpayment of premium we will a. Mail you at least 15 days notice and b. Inform you of the amount due. Payment of premium will be considered on time if made within 15 days after we mail you notice of cancellation. If we cancel for any other reason we will mail you a least 20 days notice. 3. When this policy is in effect 60 days or more or is a renewal or continuation policy we may cancel it or any insurance deemed severable only for one or more of the following reasons a. Nonpayment of premium provided however that a notice of cancellation on this ground shall inform you of the amount due. If we cancel for this reason we will mail you at least 15 days notice. Payment of premium will be considered on time if made within 15 days after we mail you notice of cancellation. b. Your driver s license or that of a driver who lives with you or customarily uses the covered auto has been suspended or revoked during the policy period other than a suspension issued pursuant to Subdivision 1 of Section 510b of the Vehicle and Traffic Law or one or more administrative suspensions arising out of the same incident which has or have been terminated prior to the effective date of cancellation. If we cancel for this reason we will mail you at least 20 days notice. c. We replace this policy with another one providing similar coverages and the same limits for a covered auto of the private passenger type. The replacement policy will take effect when this policy is cancelled and will end a year after this policy begins or on this policy s expiration date whichever is earlier. This paragraph applies only to renewal policies. d. This policy was obtained through fraud or material misrepresentation. If we cancel for this reason we will mail you at least 20 days notice. e. Any insured made a fraudulent claim. If we cancel for this reason we will mail you at least 20 days notice. LCU 02 06 06 20 2020 Liberty Mutual Insurance Page 1 of 5 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 5 | 2 |
C. If one of the reasons listed in this Paragraph 3. exists we may cancel the entire policy. For policies written for a period of more than one year or without a fixed expiration date we may cancel for the reasons in Paragraphs a. through e. above subject to New York Laws only at an anniversary of its original effective date. If we cancel such a policy we will mail you at least 45 but not more than 60 days notice. 4. Instead of cancellation we may condition continuation of this policy on a change of limits or elimination of any other coverage not required by law. If we do this we will mail you notice at least 20 days before the date of the change. 5. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 6. If this policy is cancelled we will send you any premium refund due. The refund will be pro rata. However when the premium is advanced under a premium finance agreement we will be entitled to retain a minimum earned premium of 10 of the total policy premium or 60 whichever is greater. The cancellation will be effective even if we have not made or offered a refund. Nonrenewal 1. If this policy is written for a period of less than one year and we decide subject to New York Laws not to renew or continue it or to condition renewal or continuation on a reduction of Liability Coverage or elimination of any other coverage we will mail or deliver to you written notice at least 45 but not more than 60 days before the end of the policy period. 2. We will have the right not to renew or continue a particular coverage subject to New York Laws only at the end of each 12 month period following the effective date of the first of the successive policy periods in which the coverage was provided. 3. We do not have to mail notice of nonrenewal if you your agent or broker or another insurance company informs us in writing that you have replaced this policy or that you no longer want it. Mailing of notices We will mail or deliver our notice of cancellation reduction of limits elimination of coverage or nonrenewal to the address shown on the policy. However we may deliver any notice instead of mailing it. If notice is mailed a United States Postal Service certificate of mailing will be sufficient proof of notice. 1. For all policies other than those specified in Section I. of this endorsement Paragraph 4. of SECTION VI CONDITIONS is deleted and replaced by the following A 1. The first named insured shown in the Declarations may cancel this entire policy by mailing or delivering to us advance written notice of cancellation. 2. Cancellation of policies in effect a. 60 days or less We may cancel this policy by mailing or delivering to the first named insured written notice of cancellation at least 1 30 days before the effective date of cancellation if we cancel for any reason not included in Paragraph A.2.a.3 or Paragraph A.2.b. below. 2 15 days before the effective date of cancellation if we cancel for any of the reasons included in Paragraph A.2.b. below. LCU 02 06 06 20 2020 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 2 of 5 | 2 |
3 20 days before the effective date of cancellation if we cancel because one or more underlying policies providing primary or intermediate coverage were cancelled where a Such cancellation is based upon Paragraphs A.2.b.1 through A.2.b.8 below and b Such policies are not replaced without lapse. b. For more than 60 days If this policy has been in effect for more than 60 days or if this policy is a renewal or continuation of a policy we issued we may cancel only for any of the reasons listed below provided we mail the first named insured written notice at least 15 days before the effective date of cancellation 1 Nonpayment of premium provided however that a notice of cancellation on this ground shall inform the first named insured of the amount due 2 Conviction of a crime arising out of acts increasing the hazard insured against 3 Discovery of fraud or material misrepresentation in the obtaining of the policy or in the presentation of a claim 4 After issuance of the policy or after the last renewal date discovery of an act or omission or a violation of any policy condition that substantially and materially increases the hazard insured against and which occurred subsequent to inception of the current policy period s Material change in the nature or extent of the risk occurring after issuance or last annual renewal anniversary date of the policy which causes the risk of loss to be substantially and materially increased beyond that contemplated at the time the policy was issued or last renewed 6 Cancellation is required pursuant to a determination by the Superintendent that continuation of our present premium volume would jeopardize our solvency or be hazardous to the interest of our policyholders our creditors or the public A determination by the Superintendent that the continuation of the policy would violate or would place us in violation of any provision of the Insurance Code Suspension or revocation during the required policy period of the driver s license of any person who continues to operate a covered auto other than a suspension issued pursuant to Subdivision 1 of Section 510b of the Vehicle and Traffic Law or one or more administrative suspensions arising from the same incident which has or have been terminated prior to the effective date of cancellation or 9 Cancellation of one or more of the underlying policies providing primary or intermediate coverage where a Such cancellation is based upon Paragraphs 1 through 8 of this Paragraph A.2.b and b Such policies are not replaced without lapse. We will mail or deliver our notice including the reason for cancellation to the first named insured at the address shown in the policy and to the authorized agent or broker. The policy period will end on the day and hour stated in the cancellation notice. If this policy is cancelled we will send the first named insured any premium refund due. If we cancel the refund will be pro rata. If the first named insured cancels the refund may be less than pro rata and will be subject to the Minimum Retained Premium if any shown in the Declarations. LCU 02 06 06 20 2020 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 3 of 5 | 2 |
However when the premium is advanced under a premium finance agreement the cancellation refund will be pro rata under such financed policies we will be entitled to retain a minimum earned premium of 10 of the total policy premium or 60 whichever is greater. The cancellation will be effective even if we have not made or offered a refund. 6. Regardless of the number of days this policy has been in effect if a. This policy covers covered autos subject to the provisions of Section 370 of the New York Vehicles and Traffic Laws and b. The Commissioner of the Department of Motor Vehicles deems this policy to be insufficient for any reason we may cancel this policy by giving you notice of such insufficiency 45 days before the effective date of cancellation to permit you to replace this policy. 7. The effective date of cancellation stated in the notice shall become the end of the policy period. 8. Notice will include the reason for cancellation. We will mail or deliver our notice to the first named insured at the address shown in the policy and to the authorized agent or broker. However we may deliver any notice instead of mailing it. Proof of mailing will be sufficient proof of notice. 1. Nonrenewal If we decide not to renew this policy we will send notice as provided in Paragraph B.3. below. 2. Conditional renewal If we conditionally renew this policy subject to a. A change of limits b. A change in type of coverage c. A reduction of coverage d. Anincreased deductible e. An addition of exclusion or f. Increased premiums in excess of 10 exclusive of any premium increase due to and commensurate with insured value added or increased exposure units or as a result of experience rating retrospective rating or audit we will send notice as provided in Paragraph B.3. below. We may conditionally renew this policy subject to the requirements stipulated by the Maintenance of Underling Insurance Condition 9. of SECTION VI CONDITIONS. Failure to comply with the aforementioned condition as of the expiration date of the policy or 60 days after mailing or delivering the notice of conditional renewal the conditional renewal shall be deemed to be an effective notice of nonrenewal. 3. Notices of nonrenewal and conditional renewal a. If we decide not to renew this policy or to conditionally renew this policy as provided in Paragraphs B.1. and B.2. above we will mail or deliver written notice to the first named insured shown in the Declarations at least 30 but not more than 120 days before 1 The expiration date or LCU 02 06 06 20 2020 Liberty Mutual Insurance Page 4 of 5 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 4 of 5 | 2 |
C. D. 2 The anniversary date if this is a continuous policy. b. Notice will be mailed or delivered to the first named insured at the address shown in the policy and to the authorized agent or broker. If notice is mailed proof of mailing will be sufficient proof of notice. c. Notice will include the specific reasons for nonrenewal or conditional renewal including the amount of any premium increase for conditional renewal and description of any other changes. d. If we violate any of the provisions of Paragraph B.3.a. B.3.b. or B.3.c. above by sending the first named insured an incomplete or late conditional renewal notice or a late nonrenewal notice 1 And if notice is provided prior to the expiration date of this policy coverage will remain in effect at the same terms and conditions of this policy at the lower of the current rates or the prior period s rates until 60 days after such notice is mailed or delivered unless the first named insured during this 60 day period has replaced the coverage or elects to cancel. And if the notice is provided on or after the expiration date of this policy coverage will remain in effect at the same terms and conditions of this policy for another policy period at the lower of the current rates or the prior period s rates unless the first named insured during this additional policy period has replaced the coverage or elects to cancel. e. If you elect to renew on the basis of a late conditional renewal notice the terms conditions and rates set forth in such notice shall apply 1 Upon expiration of the 60 day period or 2 Notwithstanding the provisions in Paragraphs d.1 and d.2 as of the renewal date of the policy if the conditional renewal notice was sent at least 30 days prior to the expiration or anniversary date of the policy. f. We will not send you notice of nonrenewal or conditional renewal if you your authorized agent or broker or another insurer of yours mails or delivers notice that the policy has been replaced or is no longer desired. The aggregate limits of this policy as shown in the Declarations will be increased in proportion to any policy extension provided in accordance with Paragraph B. above. The last sentence of Paragraph 7. of SECTION Il LIMITS OF INSURANCE does not apply when the policy period is extended because we sent the first named insured an incomplete or late conditional renewal notice or a late nonrenewal notice. LCU 02 06 06 20 2020 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 5 of 5 | 2 |
Policy Number TH7 681 041343 861 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Schedule Number of Days Notice 90 days Except 10 Days for Non Payment of Premium For any statutorily permitted reason other than nonpayment of premium the number of days required for notice of cancellation as provided in either Paragraph 4.b. of SECTION VI CONDITIONS or as amended by an applicable state cancellation endorsement is increased to the number of days shown in the Schedule of this endorsement. LCU 02750118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 681 041343 861 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PROFESSIONAL HEALTH CARE SERVICES BY EMPLOYEES OR VOLUNTEER WORKERS COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. Paragraph 4.a.1d of SECTION Il WHO IS AN INSURED is deleted and replaced by the following d Arising out of his or her providing or failing to provide professional health care services. However any employee or volunteer worker of the Named Insured who is a designated health care provider is an insured under this policy with respect to bodily injury or personal and advertising injury that i Arises out of the providing of or failure to provide professional health care services and ii Occurs in the course of and within the scope of such employee s or volunteer worker s employment by the Named Insured. B. With respect to coverage provided to employees and volunteer workers providing professional health care services the following exclusion is added to SECTION V EXCLUSIONS Professional Health Care Services by Employees and Volunteer Workers Any bodily injury or personal and advertising injury arising out of a. Liability assumed under an insured contract or any other contract or agreement b. Liability arising out of the providing of professional health care services in violation of law c. Liability arising out of the providing of professional health care services while in any degree under the influence of intoxicants or narcotics d. Liability arising out of any dishonest fraudulent malicious or knowingly wrongful act or failure to act or e. Punitive or exemplary damages fines or penalties. C. The following definition is added to SECTION VII DEFINITIONS Designated health care provider means any employee or volunteer worker of the Named Insured whose duties include providing professional health care services including but not limited to doctors nurses emergency medical technicians or designated first aid personnel. LCU 04070118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 681 041343 861 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CRISIS MANAGEMENT COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Schedule Crisis Management Expense Aggregate Limit 250000 Liberty Mutual Preferred Public Relations Vendor Weber Shandwick Liberty Mutual Claims 1 800 362 0000 For purposes of coverage afforded by this endorsement only A. The following is added to SECTION COVERAGES CRISIS MANAGEMENT We will pay those sums necessary to reimburse you or pay on your behalf crisis management expenses arising from an insured crisis event to which this insurance applies. However b. This insurance applies only if 1 The insured crisis event commences during the policy period 2 The insured crisis event did not arise out of any fact circumstance pre existing condition or situation that you prior to the inception date of this policy knew or reasonably should have known could lead to cause or result in an insured crisis event 3 You notify us by telephone at the number listed for Liberty Mutual Claims as shown in the Schedule above within 7 days of the insured crisis event 4 The crisis management expenses are first incurred within 15 days after the insured crisis event commences 5 The crisis management expenses are not incurred more than 120 days after the commencement of the insured crisis event and 6 A claim for reimbursement of crisis management expenses is submitted within 120 days after incurring such crisis management expenses. We will have no duty under this Crisis Management Coverage to defend the insured against any claim suit or action seeking damages. Payment of any crisis management expenses under the Crisis Management Coverage endorsement is in addition to and will not reduce any other Limits of Insurance under this policy and will not be determinative of our obligations under this policy with respect to any claim or suit including any duty to defend or indemnify any insured for such claim or suit. LCU 04110118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 4 | 2 |
d. The amount we will pay is limited as described in Paragraph B. of the Crisis Management Coverage endorsement. e. An insured crisis event will be deemed to commence at the time when any of your key executives first become aware of the man made emergency situation that resulted in the insured crisis event. B. The following is added to SECTION Il LIMITS OF INSURANCE The Crisis Management Expense Aggregate Limit shown in the Schedule of the Crisis Management Coverage endorsement is the most we will pay for the sum of all crisis management expenses to which this endorsement applies regardless of the number of 1. Insureds 2. Insured crisis events 3. Persons or organizations making claims. C. The following is added to SECTION V EXCLUSIONS Newly Acquired or Formed Organizations Crisis management expenses incurred by any organization you newly acquire control or form if the insured crisis event which led to such crisis management expenses commenced before you acquired controlled or formed such organization. Infectious Diseases or llinesses Crisis management expenses arising out of any infectious diseases or illnesses caused by any bacterium virus or fungus. However this exclusion does not apply to crisis management expenses arising out of food borne illnesses. Intentional Acts by You Intentional acts by you or your employees provided that such acts were performed with the knowledge that it would directly lead to an insured crisis event. D. The following are added to SECTION VIl DEFINITIONS Insured crisis event means an occurrence resulting from a man made emergency situation including but not limited to a. Intentional acts except those committed by you or your employees such as arson a bombing the taking of hostages a mass shooting or terrorism if coverage under the Terrorism Risk Insurance Act is elected under the policy b. A building structure or equipment collapse c. An automobile watercraft or aircraft accident d. Spread of food borne illness or e. An explosion that a key executive reasonably believed in good faith has resulted or may result in a. 1 Damages in excess of the retained limit because of bodily injury or property damage to which this insurance applies or LCU 04110118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 2 of 4 | 2 |
b. 2 Multiple deaths burns dismemberment injuries traumatic brain injuries permanent paralysis injuries and Significant adverse regional or national media coverage about you. Crisis management expenses Means the following reasonable and necessary fees and expenses following an insured crisis event 1 Expenses incurred directly by our Liberty Mutual Preferred Public Relations Vendor shown in the Schedule for the purpose of maintaining and restoring public confidence in you. Expenses incurred by the public relations vendor that was held on retainer by you at the time of the insured crisis event for providing public relations and media management services but only for those expenses required for the purpose of maintaining and restoring public confidence in you related to the insured crisis event. 3 Expenses incurred directly by your operations for the purpose of maintaining and restoring public confidence in you. These expenses may include printing advertising or mailing of materials to manage reputational risk. 4 Costs of overtime paid to your regular non salaried employees and costs incurred by your employees including costs of transportation and accommodations for the purpose of providing public relations and media services. s Expenses you advance to third parties directly harmed by the insured crisis event for the purpose of mitigating the harm. These expenses may include funeral psychological or grief counseling temporary living and travel expenses. Does not include 1 Any damages imposed upon any insured including but not limited to any fine sanction penalty or punitive or exemplary damages plus any equitable injunctive or other non monetary relief. 2 Any expenses you incur in the investigation defense or settlement of a claim or suit for bodily injury property damage or personal and advertising injury arising out of an insured crisis event. 3 The base salary or wages of any of your employees. 4 Any ransom payment or other expense incurred to meet a demand made to redeem a hostage or captive. 5 Expenses incurred by any public relations or crisis management firm that is not listed as a Liberty Mutual Preferred Public Relations Vendor in the Schedule or that was not held on retainer by you at the time of the insured crisis event. 6 Any retainers or other contracted fees you paid a professional crisis management firm public relations media relations or similar firm prior to an insured crisis event. 7 Damages arising out of any employment related practices such as refusal to employ termination or any other practices policies acts or omissions such as coercion demotion failure to promote evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at any person. Key executive means Chief Executive Officer LCU 04110118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 3 of 4 | 2 |
Chief Operating Officer Chief Financial Officer President General Counsel or Chief Legal Officer General Partner if you are a partnership or Sole Proprietor if you are a proprietorship Any person acting in the same capacity as any position listed in Paragraphs a. through e. above and Any risk manager responsible for insurance matters or any other lawfully elected or appointed executive officer official director trustee or commissioner that is responsible for insurance matters. The following is added to SECTION VI CONDITIONS Duties in the Event of an Insured Crisis Event In the event you did not have a public relations or crisis management firm held on retainer at the time of the insured crisis event and would like to utilize a Liberty Mutual Preferred Public Relations Vendor you must notify both the Liberty Mutual Preferred Public Relations Vendor and Liberty Mutual Claims at the phone number listed in the Schedule within 7 days of an insured crisis event. Due to the emergent nature of claims under this coverage there may be circumstances in which expenses are incurred by a Liberty Mutual Preferred Public Relations Vendor prior to our having the opportunity to determine whether those expenses will be covered under this policy. In those circumstances we will reimburse or pay expenses incurred for services from our Liberty Mutual Preferred Public Relations Vendor prior to our making a coverage determination. We reserve the right to decline expenses incurred after we have informed you that the claim is not covered. In the event you choose to use the public relations or crisis management vendor that you held on retainer at the time of the insured crisis event you must notify Liberty Mutual Claims at the phone number listed in the Schedule within 7 days of an insured crisis event. Additionally you must provide us with written notice as soon as practicable. To the extent possible such written notice should include 1 How when and where the insured crisis event took place 2 The names and addresses of any affected parties and witnesses and 3 The nature and location of any injury or damage arising out of the insured crisis event. LCU 04110118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 4 of 4 | 2 |
Policy Number TH7 681 041343 861 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ALIENATED PREMISES COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Paragraph b. of Exclusion 6. Damage to Property of SECTION V EXCLUSIONS is deleted and replaced by the following b. Premises you sell give away or abandon if the property damage arises out of any part of those premises and results from one or more hazards that were known by you or should have reasonably been known by you at the time the property was sold given away or abandoned. LCU 04300118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 681 041343 861 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMUNICABLE DISEASE EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following exclusion is added to SECTION V EXCLUSIONS Communicable Disease Any liability arising out of the actual or alleged transmission of a communicable disease. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in a. The supervision hiring employment training or monitoring of others that may be infected with and spread a communicable disease b. Testing for a communicable disease c. Failure to prevent the spread of a communicable disease or d. Failure to report a communicable disease to authorities. LCU21010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 681 041343 861 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DAMAGE FIRST OCCURRING PRIOR TO POLICY PERIOD EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following exclusion is added to SECTION V EXCLUSIONS Damage First Occurring Prior to Policy Period This insurance does not apply to bodily injury or property damage within the products completed operations hazard if the injury or damage first occurred prior to the effective date of this policy. LCU 21470118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 681 041343 861 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULED ENDORSEMENT EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following exclusion is added to SECTION V EXCLUSIONS This insurance does not apply to any liability excluded from underlying insurance by the endorsements listed in the Schedule of this endorsement even if such endorsement is removed or revised on or after the effective date of the underlying insurance. Schedule Endorsement Name Non Cumulation of Liability Same Occurrence Endorsement Number LC 251308 08 Insurer Liberty Mutual Fire Insurance Company Policy Type General Liability Policy Number TB2 681 041343 361 Policy Period 01012021 01012022 Endorsement Name Endorsement Number Insurer Policy Type Policy Number Policy Period Endorsement Name Endorsement Number Insurer Policy Type Policy Number Policy Period LCU 21480118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 681 041343 861 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY EXCLUSION WITH LIMITED BODILY INJURY EXCEPTION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. Exclusion 10. of SECTION V EXCLUSIONS is deleted. B. The following exclusion is added to SECTION V EXCLUSIONS Access or Disclosure of Confidential or Personal Information and Data Related Liability Any liability arising out of a. Any access to or the actual threatened or potential release disclosure or distribution of any person s or organization s confidential or personal information including but not limited to patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information or b. The loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of that which is described in Paragraph a. or b. above. However this exclusion does not apply to damages because of bodily injury arising from the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. LCU 21850118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 681 041343 861 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FOREIGN LIABILITY LIMITATION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. For the purpose of this endorsement Paragraph 2.b. of SECTION COVERAGES is deleted and replaced by the following b. The bodily injury property damage or personal and advertising injury is caused by an occurrence and B. The following exclusion is added to SECTION V EXCLUSIONS Foreign Liability Any liability caused by an occurrence that takes place outside of the United States of America including its territories and possessions Puerto Rico and Canada. However this exclusion does not apply to the extent underlying insurance provides such coverage. Coverage under this policy will be no broader than that provided by underlying insurance. LCU 240909 19 2019 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 681 041343 861 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UNIMPAIRED AGGREGATE This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following is added to Paragraph 23. of SECTION VIl DEFINITIONS The retained limit will be reduced only by payment of judgments or settlements caused by an occurrence arising out of your business during the policy period. LCU25130118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 681 041343 861 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PESTICIDE OR HERBICIDE APPLICATOR POLLUTION LIMITATION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following is added to SECTION V EXCLUSIONS Exclusion 19.a. does not apply to bodily injury or property damage arising out of pesticide or herbicide application to the extent underlying insurance provides such coverage. Coverage under this policy will be no broader than that provided by underlying insurance. LCU 26130118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 681 041343 861 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRODUCTS COMPLETED OPERATIONS HAZARD REDEFINED This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Schedule Description of Premises and Operations All locations owned or operated by you where your products are sold for consumption on or off your premises With respect to bodily injury or property damage arising out of your products manufactured sold handled or distributed 1. On from or in connection with the use of any of your premises described in the Schedule of this endorsement or 2. In connection with the conduct of any of your operations described in the Schedule of this endorsement when conducted by you or on your behalf Paragraph a. of the definition of products completed operations hazard in SECTION VIl DEFINITIONS is deleted and replaced by the following 21. Products completed operations hazard a. Includes all bodily injury and property damage that arises out of your products if the bodily injury or property damage occurs after you have relinquished possession of those products. LCU 29090118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 681 041343 861 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW YORK CHANGES This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. The following is added to Paragraph 1. of SECTION IV DEFENSE AND SUPPLEMENTARY PAYMENTS When we have a duty to defend we will defend the insured against any suit seeking those damages even if the allegations of the suit are groundless false or fraudulent. B. The following is added to Paragraph 13. of SECTION V EXCLUSIONS This exclusion does not apply to bodily injury arising out of discrimination based solely on disparate impact or vicarious liability. C. Only with respect to liability arising out of the ownership maintenance or use of covered autos the following are added to Paragraph 4. of SECTION IV DEFENSE AND SUPPLEMENTARY PAYMENTS g. All expenses incurred by an insured for first aid to others at the time of an occurrence. h. The cost of appeal bonds. D. SECTION VI CONDITIONS is revised as follows 1. The following is added to Paragraph 6. Duties in the Event of Occurrence Claim or Suit Notice given by or on behalf of the insured or written notice by or on behalf of the injured person or any other claimant to any agent of ours in New York State with particulars sufficient to identify the insured shall be considered to be notice to us. 2. Paragraph 8. is deleted and replaced by the following 8. Legal Action Against Us a. Exceptas provided in Paragraph b. below no person or organization has the right under this policy 1 Tojoin us as a party or otherwise bring us into a suit asking for damages from an insured or 2 To sue us under this policy unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this policy or that are in excess of the applicable Limits of Insurance of this policy. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. b. With respect to all claims other than property damage claims if we deny coverage or do not admit liability because an insured or the injured person someone acting for the injured person or other claimant fails to give us written notice as soon as practicable then the injured person someone acting for the injured person or other claimant may bring an action against us provided the sole question is whether the denial of coverage or nonadmission of liability is based on the failure to provide timely notice. LCU 32040118 2017 Liberty Mutual Insurance Page 10f 3 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
However the injured person someone acting for the injured person or other claimant may not bring an action if within 60 days after we deny coverage or do not admit liability we or an insured 1 Brings an action to declare the rights of the parties under the policy and 2 Names the injured person someone acting for the injured person or other claimant as a party to the action. 3. Paragraph 2.c. under Audit and Premium is deleted and replaced by the following c. Ifarate is shown on Declarations the Advance Premium shown in the Declarations is an estimated premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first named insured. The due date for audit premiums is the date shown as the due date on the bill. An audit to determine the final premium due or to be refunded will be completed within 180 days after the expiration date of the policy. But the audit may be waived if the total annual premium attributable to the auditable exposure base is not reasonably expected to exceed 1500. If the sum of the Advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first named insured subject to the Minimum Retained Premium if any shown in the Declarations for each twelve months of the policy period. 4. Except as provided in Paragraph 3. above Paragraph 2.e. continues to apply. 5. The following is added to 12. Representations We do not provide coverage for any insured who has made fraudulent statements or engaged in fraudulent conduct in connection with any loss or damage for which coverage is sought under this policy. However with respect to liability arising out of the ownership maintenance or use of covered autos we will provide coverage to such insured for damages sustained by any person who has not made fraudulent statements or engaged in fraudulent conduct if such damages are otherwise covered under the policy. 6. The following is added to 6. Duties in the Event of Occurrence Claim or Suit Failure to give notice to us as required under this policy shall not invalidate any claim made by the insured injured person or any other claimant unless the failure to provide such timely notice has prejudiced us. However no claim made by the insured injured person or other claimant will be invalidated if it shall be shown not to have been reasonably possible to give such timely notice and that notice was given as soon as was reasonably possible thereafter. 7. Paragraph 3. is deleted and replaced by the following 3. Bankruptcy or Insolvency Your your estate or any underlying insurer s bankruptcy insolvency or inability to pay shall neither relieve nor increase our obligations under this policy. However under no circumstances will such bankruptcy insolvency or inability to pay require us to drop down replace or assume any obligation of underlying insurance. This insurance will apply as if the underlying insurance were in full effect. E. SECTION VII DEFINITIONS is revised as follows Definition 14. Loading or unloading does not apply. F. The following provision is added Itis hereby understood and agreed that notwithstanding anything in this policy to the contrary with respect to such insurance as is afforded by this policy the terms of this policy as respects coverage for operations in the LCU 32040118 2017 Liberty Mutual Insurance Page 2 of 3 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
State of New York must conform to the coverage requirements of the applicable insurance laws of the State of New York or the applicable regulations of the New York Department of Financial Services provided however that the company s limits of insurance as stated in this policy are excess of the limits of any underlying insurance or in any attached endorsement. LCU 32040118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 3 of 3 | 2 |
Policy Number TH7 681 041343 861 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW YORK TRANSFER OF DUTIES WHEN A LIMIT OF INSURANCE IS USED UP This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following condition is added to SECTION VI CONDITIONS Transfer of Duties When a Limit of Insurance is Used Up a. If we conclude that based on occurrences offenses claims or suits which have been reported to us and to which this insurance may apply the 1 General Aggregate Limit 2 Products Completed Operations Aggregate Limit or 3 Each Occurrence Limit is likely to be used up in the payment of judgments or settlements or supplementary payments if applicable we will notify the first named insured in writing to that effect. b. When a limit of insurance described in Paragraph a. above has actually been used up in the payment of judgments or settlements or supplementary payments if applicable 1 We will notify the first named insured in writing as soon as practicable that a Such a limit has actually been used up and b Our duty to defend suits seeking damages subject to that limit has also ended. 2 If we have a duty to defend we will initiate and cooperate in the transfer of control to any appropriate insured of all claims and suits seeking damages which are subject to that limit and which are reported to us before that limit is used up. That insured must cooperate in the transfer of control of said claims and suits. We agree to take such steps as we deem appropriate to avoid a default in or continue the defense of such suits until such transfer is completed provided the appropriate insured is cooperating in completing such transfer. We will take no action whatsoever with respect to any claim or suit seeking damages that would have been subject to that limit had it not been used up if the claim or suit is reported to us after that limit of insurance has been used up. 3 The first named insured and any other insured involved in a suit seeking damages subject to that limit must arrange for the defense of such suit within such time period as agreed to between the appropriate insured and us. Absent any such agreement arrangements for the defense of such suit must be made as soon as practicable. c. The first named insured will reimburse us for expenses we incur in taking those steps we deem appropriate in accordance with Paragraph b.2 above. LCU 32050118 2017 Liberty Mutual Insurance Page 1 of 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 2 | 2 |
The duty of the first named insured to reimburse us will begin on 1 The date on which the applicable limit of insurance is used up if we sent notice in accordance with Paragraph a. above or 2 The date on which we sent notice in accordance with Paragraph b.1 above if we did not send notice in accordance with Paragraph a. above. d. The exhaustion of any limit of insurance by the payments of judgments or settlements or supplementary payments if applicable and the resulting end of our duty to defend will not be affected by our failure to comply with any of the provisions of this condition. LCU 32050118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 2 of 2 | 2 |
Policy Number TH7 681 041343 861 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW YORK CHANGES SILICA OR SILICA RELATED DUST EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following exclusion is added to SECTION V EXCLUSIONS Silica or Silica Related Dust Bodily injury arising from the known health hazards of silica and arising in whole or in part out of the actual alleged threatened or suspected inhalation of or ingestion of silica or silica related dust. Property damage arising from the known health hazards of silica and arising in whole or in part out of the actual alleged threatened or suspected contact with exposure to existence of or presence of silica or silica related dust. Personal and advertising injury arising from the known health hazards of silica and arising in whole or in part out of the actual alleged threatened or suspected inhalation of ingestion of contact with exposure to existence of or presence of silica or silica related dust. Any loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediation or disposing of or in any way responding to or assessing the effects of silica or silica related dust by any insured or by any other person or entity. For the purpose of this endorsement b. Silica means silicon dioxide occurring in crystalline amorphous and impure forms silica particles silica dust or silica compounds. Silica related dust means a mixture or combination of silica and other dust or particles. LCU 32320118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 681 041343 861 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEW YORK CHANGES FUNGI OR BACTERIA This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. Exclusion 15. of SECTION V EXCLUSIONS is deleted. B. Paragraph 9. of SECTION VII DEFINITIONS is deleted. However this amendment only applies to any liability caused by an occurrence arising out of fungi or bacteria that takes place in the state of New York. LCU 321300118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 681 041343 861 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NON EMPLOYMENT DISCRIMINATION LIMITATION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following exclusion is added to SECTION V EXCLUSIONS Non Employment Discrimination Any liability arising out of discrimination on the basis of race creed national or ethnic origin age gender sexual orientation marital status religion physical capabilities characteristics or condition or mental capabilities or condition. However this exclusion does not apply to the extent underlying insurance provides such coverage for claims or suits that allege damages arising from discrimination based solely on disparate impact or vicarious liability. Coverage under this policy will be no broader than that provided by underlying insurance. Notwithstanding the above regardless of the terms of the underlying insurance this insurance does not apply to 1. Discrimination that is a. Intentionally committed by the insured b. Committed by at the direction of or with the knowledge or consent of any insured or c. Prohibited to be insured by applicable law or public policy. 2. Liability for the cost of making accommodations required by the Americans with Disabilities Act of 1990 or any amendment thereto or any similar federal state or local law including but not limited to any facility alterations or the acquisition or modification of equipment or devices and 3. Liability arising from employment related practices as set out in Exclusion 13. of this policy. LCU 321310518 2018 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 681 041343 861 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CERTIFIED ACTS OF TERRORISM EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. The following exclusion is added to SECTION V EXCLUSIONS Terrorism Any injury or damage arising directly or indirectly out of a certified act of terrorism. B. The following definitions are added to SECTION VII DEFINITIONS Any injury or damage means any injury or damage covered by this insurance in excess of the underlying insurance and includes but is not limited to bodily injury property damage or personal and advertising injury as may be defined in this policy or underlying insurance. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. C. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this policy. LCU 60050118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 681 041343 861 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Schedule Email Address or Mailing Address Name of Other Persons Organizations Per schedule on file with the broker Number of Days Notice Per schedule on file with the broker nan nan nan nan 30.0 A. If we cancel this policy for any reason other than nonpayment of premium we will notify the persons or organizations shown in the Schedule of this endorsement. We will send notice to the email or mailing address listed above at least 10 days or the number of days listed above if any before the cancellation becomes effective. In no event shall the notice period applicable to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. LCU 99160118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 681 041343 861 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA LIMITATION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Exclusion 15. of SECTION V EXCLUSIONS does not apply to a. Bodily injury or personal and advertising injury that is covered by underlying insurance or b. Property damage that is covered by underlying insurance to your work that arises out of it or any part of it and is included in the products completed operations hazard if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. Coverage under this policy will be no broader than that provided by underlying insurance. LMU 04 3205 18 2018 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Kentucky Notice to Policyholders This policy includes a surcharge that has been added to your insurance premium as required by Kentucky Revised Statutes 136.392. Currently Section 136.3921a of KRS imposes a surcharge of 1.50 per 100 of premium for insurance coverage provided to policyholders with exposures in Kentucky. Effective April 1 2010 this surcharge amount is increased from 1.50 to 1.80 per 100 of premium. The funds collected from the surcharge will provide sufficient funds for the uses and purposes of the Firefighters Foundation Program fund and the Law Enforcement Foundation Program fund. Insurance companies have been directed to collect this surcharge from their policyholders. We will collect the surcharge at the same time that we bill and collect your premium. The amount will be identified on your policy as Kentucky Surcharge. 2010 Liberty Mutual Group of Companies. All rights reserved. Page 1 of 1 EN 90 09 01 10 | 2 |
LIBERTY MUTUAL GROUP CALIFORNIA PRIVACY NOTICE Commercial Lines excluding Workers Compensation Effective January 1 2020 Liberty Mutual Group and its affiliates subsidiaries and partners collectively Liberty Mutual or we us and our provide insurance to companies and other insurers. This Privacy Notice explains how we gather use and share your data. This Privacy Notice applies to you if you are a Liberty Mutual commercial line insured or are a commercial line claimant residing in California. It does not apply to covered employees or claimants under Workers Compensation policies. If this notice does not apply to you go to libertymutual.comprivacy to review the applicable Liberty Mutual privacy notice. What Data Does Liberty Mutual Gather We may collect the following categories of data Identifiers including a real name alias postal address unique personal identifier online identifier Internet Protocol address email address account name Social Security Number driver s license number or other similar identifiers Personal information described in California Civil Code 1798.80e such as your name signature Social Security Number physical characteristics or description address telephone number driver s license or state identification card number insurance policy number education employment employment history bank account number financial information medical information or health insurance information Protected classification characteristics including age race color national origin citizenship religion or creed marital status medical condition physical or mental disability sex including gender gender identity gender expression pregnancy or childbirth and related medical conditions sexual orientation or veteran or military status Commercial information including records of personal property products or services purchased obtained or considered or other purchasing or consuming histories and tendencies Internet or other similar network activity including browsing history search history information on a consumer s interaction with a website application or advertisement Professional or employment related information including current or past job history or performance evaluations Inferences drawn from other personal information such as a profile reflecting a person s preferences characteristics psychological trends predispositions behavior attitudes intelligence abilities and aptitudes Risk data including data about your driving andor accident history this may include data from consumer reporting agencies such as your motor vehicle records and loss history information health data or criminal convictions and Claims data including data about your previous and current claims which may include data regarding your health criminal convictions third party reports or other personal data. For information about the types of personal data we have collected about California consumers in the past twelve 12 months please go to libertymutual.comprivacy and click on the link for the California Supplemental Privacy Policy. How We Get the Personal Data We gather your personal data directly from We also gather your personal data from other people. For you. For example you provide us with data example when you ask about buy insurance or file a claim your insurance agent or broker pay your policy your employer association or business if you are insured through them visit our websites call us or visit our office our affiliates or other insurance companies about your transactions with them SNI 04 010120 2019 Liberty Mutual Insurance Page 1 of 6 | 2 |
consumer reporting agencies Motor Vehicle Departments and inspection services to gather your credit history driving record claims history or value and condition of your propert other public directories and sources third parties including other insurers brokers and insurance support organizations who you have communicated with about your policy or claim anti fraud databases sanctions lists court judgments and other databases government agencies open electoral register or in the event of a claim third parties including other parties to the claim witnesses expert loss adjustors and claim handlers other third parties who take out a policy with us and are required to provide your data such as when you are named as a beneficiary or where a family member has taken out a policy which requires your personal data For information about how we have collected personal data in the past twelve 12 months please go to libertymutual.comprivacy and click on the link for the California Supplemental Privacy Policy. How Does Liberty Mutual Use My Data Liberty Mutual uses your data to provide you with our products and services and as otherwise provided in this Privacy Notice. Your data may be used to Business Purpose Data Categories Market sell and provide insurance. This includes Identifiers for example Personal Information calculating your premium Protected Classification Characteristics determining your eligibility for a quote Commercial Information confirming your identity and service your Internet or other similar network activity policy Professional or employment related information Inferences drawn from other personal information Risk data Claims data Manage your claim. This includes for example dentifiers managing your claim if any Personal Information conducting claims investigations Protected Classification Characteristics conducting medical examinations Commercial Information conducting inspections appraisals Internet or other similar network activity providing roadside assistance Professional or employment related information providing rental car replacement or repairs Inferences drawn from other personal information Risk data Claims data Day to Day Business and Insurance Operations. dentifiers This includes for example Personal Information creating maintaining customizing and Protected Classification Characteristics securing accounts Commercial Information supporting day to day business and Internet or other similar network activity insurance related functions Professional or employment related information doing internal research for technology Inferences drawn from other personal information development Risk data marketing and creating products and Claims data services conducting audits related to a current contact with a consumer and other transactions SNI104 010120 2019 Liberty Mutual Insurance Page 2 of 6 Characteristics network activity calculating your premium determining your eligibility for a quote confirming your identity and service your policy Characteristics network activity Characteristics network activity Claims data | 2 |
as described at or before the point of gathering personal data or with your authorization Security and Fraud Detection. This includes for dentifiers example Personal Information detecting security issues Protected Classification Characteristics protecting against fraud or illegal activity and Commercial Information to comply with regulatory and law Internet or other similar network activity enforcement authorities Professional or employment related information managing risk and securing our systems Inferences drawn from other personal information assets infrastructure and premises roadside Risk data assistance rental car replacement or repairs Claims data help to ensure the safety and security of Liberty staff assets and resources which may include physical and virtual access controls and access rights management supervisory controls and other monitoring and reviews as permitted by law and emergency and business continuity management Regulatory and Legal Requirements. This includes Identifiers for example Personal Information controls and access rights management Protected Classification Characteristics to evaluate or conduct a merger divestiture Commercial Information restructuring reorganization dissolution or Internet or other similar network activity other sale or transfer of some or all of Professional or employment related information Liberty s assets whether as a going concern Inferences drawn from other personal information or as part of bankruptcy liquidation or similar Risk data proceeding in which personal data held by Claims data Liberty is among the assets transferred exercising and defending our legal rights and positions to meet Liberty contract obligations torespond to law enforcement requests and as required by applicable law court order or governmental regulations as otherwise permitted by law. Improve Your Customer Experience and Our dentifiers Products. This includes for example Personal Information improve your customer experience our Commercial Information products and service Internet or other similar network activity to provide support personalize and develop Professional or employment related information our website products and services Inferences drawn from other personal information create and offer new products and services Risk data Claims data Analytics to identify understand and manage our Identifiers risks and products. This includes for example Personal Information conducting analytics to better identify Protected Classification Characteristics understand and manage risk and our Commercial Information products Internet or other similar network activity Professional or employment related information Inferences drawn from other personal information Risk data Claims data Customer service and technical support. This dentifiers includes for example Personal Information answer questions and provide notifications Commercial Information provide customer and technical support Internet or other similar network activity Professional or employment related information SNI104 010120 2019 Liberty Mutual Insurance Page 3 of 6 Characteristics network activity Claims data Characteristics network activity Claims data network activity Characteristics network activity. conducing analytics to better idenif understand and manage risk and our products network activity | 2 |
Inferences drawn from other personal information Risk data Claims data How Does Liberty Mutual Share My Data Liberty Mutual does not sell your personal data as defined by the California Consumer Privacy Act. Liberty Mutual shares personal data of California consumers with the following categories of third parties Liberty Mutual affiliates e Service Providers Public entities and institutions e.g. regulatory quasi regulatory tax or other authorities law enforcement agencies courts arbitrational bodies and fraud prevention agencies Professional advisors including law firms accountants auditors and tax advisors Insurers re insurers policy holders and claimants and e As permitted by law. Liberty Mutual shares the following categories of personal data regarding California consumers to service providers for business purposes Identifiers Personal Data Protected Classification Characteristics Commercial Information Internet or other similar network activity Claims Data Inferences drawn from other personal information Risk Data Professional employment and education information For information about how we have shared personal information in the past twelve 12 months please go to libertymutual.comprivacy and click on the link for the California Supplemental Privacy Policy. What Privacy Rights Do Have The California Consumer Privacy Act provides California residents with specific rights regarding personal information. These rights are subject to certain exceptions. Our response may be limited as permitted under law. Access or Deletion You may have the right to request that Liberty Mutual disclose certain information to you about our collection and use of your personal data in the twelve 12 months preceding such request including a copy of the personal data we have collected. You also may have the right to request that Liberty Mutual delete personal data that Liberty Mutual collected from you subject to certain exceptions. Specifically you have the right to request that we disclose the following to you in each case for the twelve 12 month period preceding your request the categories of personal data we have collected about you the categories of sources from which the personal data was is collected our business or commercial purpose for collecting personal data the categories of third parties with whom we share personal data the specific pieces of data we have collected about you the categories of personal data about you if any that we have disclosed for monetary or other valuable consideration including the categories of third parties to which we have disclosed the data by category or categories of personal data for each third party to which we disclosed the personal data and the categories of personal data about you that we disclosed for a business purpose. Personal Data Commercial Information Claims Data Risk Data SNI104 010120 2019 Liberty Mutual Insurance Page 4 of 6 | 2 |
You can make a request by either Calling 800 344 0197 Online libertymutualgroup.comprivacypolicydatarequest Mail Attn Privacy Office Liberty Mutual Insurance Company 175 Berkeley St. 6th Floor Boston MA 02116 You may also make a verifiable consumer request on behalf of your minor child. You or your authorized agent may only make a verifiable consumer request for access or data deletion twice within a twelve 12 month period. The verifiable consumer request must provide sufficient information that allows Liberty Mutual to reasonably verify that you are the person about whom Liberty Mutual collected personal data or an authorized representative of such person and describe your request with sufficient detail that allows Liberty Mutual to properly understand evaluate and respond to it. For more information about how Liberty Mutual will verify your identity and how an authorized agent may make a request on your behalf go to libertymutual.comprivacy and click on the California Supplemental Privacy Policy. Response Timing Liberty Mutual will respond to a verifiable consumer request within forty five 45 days of its receipt. If more time is needed Liberty Mutual will inform you of the reason and extension period in writing. Any disclosures that will be provided will only cover the twelve 12 month period preceding our receipt of the verifiable consumer request. If Liberty Mutual is unable to fulfill your request you will be provided with the reason that the request can not be completed. For more information about how we will respond to requests go to libertymutual.comprivacy and click on the California Supplemental Privacy Policy. Rights to opt in and out of data selling California consumers have the right to direct businesses not to sell your personal data opt out rights and personal data of minors under 16 years of age will not be sold as is their right without theirs or their parents opt in consent. Liberty Mutual does not sell the personal data of consumers. For more information go to libertymutual.comprivacy and click on the California Supplemental Privacy Policy. No account needed You do not need to create an account with Liberty Mutual to exercise your rights. Liberty Mutual will only use personal data provided in a request to review and comply with the request. No discrimination You have the right not to be discriminated against for exercising any of your CCPA rights. Unless permitted by the CCPA exercising your rights will not cause Liberty Mutual to Deny you goods or services Charge you different prices or rates for goods or services including through granting discounts or other benefits or imposing penalties Provide you a different level or quality of goods or services or e Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services. SNI104 010120 2019 Liberty Mutual Insurance Page 5 of 6 | 2 |
Will Liberty Mutual Update This Privacy Notice We reserve the right to makes changes to this notice at any time and for any reason. The updated version of this policy will be effective once it is accessible. You are responsible for reviewing this policy to stay informed of any changes or updates. Who Do Contact Regarding Privacy If you have any questions or comments about this Notice or the Supplemental CCPA Notice your rights or are requesting the Notice in an alternative format please do not hesitate to contact Liberty Mutual at Phone 800 344 0197 Email privacylibertymutual.com Postal Address Attn Privacy Office Liberty Mutual Insurance Company 175 Berkeley St. 6th Floor Boston MA 02116 SNI104 010120 2019 Liberty Mutual Insurance Page 6 of 6 | 2 |
POLICYHOLDER DISCLOSURE TERRORISM RISK INSURANCE ACT THIS NOTICE CONTAINS IMPORTANT INFORMATION PURSUANT TO THE TERRORISM RISK INSURANCE ACT. PLEASE READ IT CAREFULLY. In accordance with the Terrorism Risk Insurance Act including all amendments TRIA or the Act we are required to provide you with a notice of the portion of your premium attributable to coverage for certified acts of terrorism the federal share of payment of losses from such acts and the limitation or cap on our liability under the Act. Disclosure of Premium The Company has made available coverage for certified acts of terrorism as defined in the Act. If purchased the portion of your premium attributable to coverage for certified acts of terrorism is shown in the Declarations Declarations Extension Schedule or elsewhere by endorsement in your policy. Federal Participation In Payment Of Terrorism Losses If an individual insurer s losses from certified acts of terrorism exceed a specified deductible amount the government will generally reimburse the insurer for a percentage of losses the Federal Share paid in excess of the deductible but only if aggregate industry losses from certified acts of terrorism exceed the Program Trigger. Beginning in calendar year 2020 the Federal Share is 80 and Program Trigger is 200000000. Cap On Insurer Parti ation In Payment Of Terrorism Losses If aggregate insured losses attributable to certified acts of terrorism exceed 100 billion in a calendar year and we have met our deductible under the Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion. Nor shall Treasury make any payment for any portion of the amount of such losses that exceeds 100 billion. In such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. SNI90 020120 2020 Liberty Mutual Insurance Page 1 of 1 | 2 |
Policy Number TH7 681 041343 861 Issued by LIBERTY INSURANCE CORPORATION In witness whereof the company has caused this policy to be signed by its President and its Secretary. EEEEEEEEE SECRETARY LIL9007 1013 2013 Liberty Mutual Insurance. All rights reserved. Page 1 of 1 | 2 |
Z ZURICH Disclosure Statement It is our pleasure to present the enclosed policy to you for presentation to your customer. INSTRUCTION TO AGENT OR BROKER WE REQUIRE THAT YOU TRANSMIT THE ATTACHED ENCLOSED DISCLOSURE STATEMENT TO THE CUSTOMER WITH THE POLICY. Once again thank you for your interest and we look forward to meeting your needs and those of your customers. U GU873 A CW 0611 Page 1 of 1 | 2 |
Z ZURICH Disclosure Statement NOTICE OF DISCLOSURE FOR AGENT BROKER COMPENSATION If you want to learn more about the compensation Zurich pays agents and brokers visit httpwww.zurichnaproducercompensation.com or call the following toll free number 866 903 1192. This Notice is provided on behalf of Zurich American Insurance Company and its underwriting subsidiaries. U GU874 A CW 0611 Page 1 of 1 | 2 |
Z ZURICH Commercial Umbrella Liability Policy Zurich North America Insurance is provided by the company designated on the Declarations of this policy. U UMB100 B CW 72003 Page I of 1 | 2 |
Z ZURICH Insured Name ALES Group USA Inc. Policy Number AUC379310708 Effective Date 01012017 THIS DISCLOSURE IS ATTACHED TO AND MADE PART OF YOUR POLICY. DISCLOSURE OF IMPORTANT INFORMATION RELATING TO TERRORISM RISK INSURANCE ACT SCHEDULE Premium attributable to risk of loss from certified acts of terrorism for lines of insurance subject to TRIA Not Applicable Terrorism Exclusion Applies Any information required to complete this Schedule if not shown above will be shown in the Declarations. A. Disclosure of Premium In accordance with the federal Terrorism Risk Insurance Act TRIA as amended we are required to provide you with a notice disclosing the portion of your premium if any attributable to the risk of loss from terrorist acts certified under that Act for lines subject to TRIA. That portion of premium attributable is shown in the Schedule above. The premium shown in the Schedule above is subject to adjustment upon premium audit if applicable. B. Disclosure of Federal Participation in Payment of Terrorism Losses The United States Government may pay a share of insured losses resulting from an act of terrorism. The federal share will decrease by 5 from 85 to 80 over a five year period while the insurer share increases by the same amount during the same period. The schedule below illustrates the decrease in the federal share January1 2015 December 31 2015 federal share 85 January1 2016 December 31 2016 federal share 84 January1 2017 December 31 2017 federal share 83 Januaryl 2018 December 31 2018 federal share 82 Januaryl 2019 December 31 2019 federal share 81 January1 2020 December 31 2020 federal share 80 o Disclosure of 100 Billion Cap on All Insurer and Federal Obligations If aggregate insured losses attributable to terrorist acts certified under TRIA exceed 100 billion in a calendar year January 1 through December 31 and an insurer has met its deductible under the program that insurer shall not be liable for the payment of any portion of the amount of such 1 hat 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 Treasury. D. Availability As required by TRIA we have made available to you for lines subject to TRIA coverage for losses resulting from acts of terrorism certified under TRIA with terms amounts and limitations that do not differ materially from those for losses arising from events other than acts of terrorism. E. Definition of Act of Terrorism under TRIA TRIA defines act of terrorism as any act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act TRIA to be an act of terrorism. The Terrorism Risk Insurance Act provides that the Secretary of Treasury shall certify an act of terrorism 1. To be an act of terroris 2. To be a violent act or an act that is dangerous to human life property or infrastructure i e A U GU630 D CW 0115 Page 1 of 2 Copyright 2015 Zurich American Insurance Company Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
3. To have resulted in damage within the United States or outside of the United States in the case of an air carrier as defined in section 40102 of Title 49 United States Code or a United States flag vessel or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States or the premises of a United States mission and 4. To have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. No act may be certified as an act of terrorism if the act is committed as part of the course of a war declared by Congress except for workers compensation or if losses resulting from the act in the aggregate for insurance subject to TRIA do not exceed 5000000. U GU630 D CW 0115 Page 20f 2 Copyright 2015 Zurich American Insurance Company Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Z ZURICH Important Notice In Witness Clause In return for the payment of premium and subject to the terms of this policy coverage is provided as stated in this policy. IN WITNESS WHEREOF this Company has executed and attested these presents and where required by law has caused this policy to be countersigned by its duly Authorized Representatives. Faney b Y ulie CDw ke President Corporate Secretary Faney b Y ulie w DK President Corporate Secretary QUESTIONS ABOUT YOUR INSURANCE Your agent or broker is best equipped to provide information about your insurance. Should you require additional information or assistance in resolving a complaint call or write to the following please have your policy or claim number ready Zurich in North America Customer Inquiry Center 1299 Zurich Way Schaumburg Illinois 60196 1056 1 800 382 2150 Business Hours 8 am 4 pm CT Email info.source zurichna.com S 1 800 382 56 4 pm CT U GU319 F 0109 Page I of 1 | 2 |
ZURICH Commercial Umbrella Liability Policy Declarations Insurance is provided by the company below American Guarantee and Liability Insurance Policy Number AUC 3793107 08 Renewal of AUC 3793107 07 1 Named Insured ALES Group USA Inc. Mailing Address 60 East 42nd Street 54th FL New York NY 10165 Email Address Producer Lockton Companies LLC 444 W 47th St Ste 900 Kansas City MO 64112 1906 3. Policy Period From 01012017 to 01012018 At 1201 A.M. Standard Time at the address of the Named Insured. 0F 4000000 Occurrence 4000000 Other Aggregate 4000000 Products Completed Operations Aggregate 250000 Casualty Business Crisis Aggregate Limit 10000 Occurrence 4. Limits of Insurance 5. Retained Limit 2185 6. Policy Premium 7. Schedule of Underlying Insurance See attached Schedule of Underlying Insurance 8. Endorsements Attached See attached Schedule of Endorsements U UMB D101 C CW 0310 Page 1 of 1 | 2 |
Z Schedule of Underlying Insurance ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer AUC 3793107 08 01012017 01012018 01012017 37385000 Named Insured and Mailing Address Producer ALES Group USA Inc. Lockton Companies LLC 60 East 42nd Street 54th FL 444 W 47th St Ste 900 New York NY 10165 Kansas City MO 64112 1906 Company Policy No. and Term Coverage Applicable Limits A. Company Zurich American Insurance Company Commercial General Liability 1000000 Each Occurrence 2000000 Products Completed Policy No GLO379310608 Operations Aggregate Term 01012017 to 01012018 2000000 General Aggregate 1000000 Personal Injury Advertising Injury Including Employee Benefits 1000000 Each Claim 1000.000 Aggregate B. Company TBA Commercial Auto Liability Bodily Injury Property Damage Policy No TBA Combined Single Limit Term TBA C. Company TBA Workers Compensation Bodily Injury By Accident Each Accident Policy No TBA Bodily Injury By Discase Term TBA Each Employee Policy No GLO379310608 Term 01012017 to 01012018 2000000 1000000 1000000 1000000 Bl Sty 1 l b General Aggregate Personal Injury Advertising Injury Each Claim Aggregate olpaelly. 1 DA Policy No TBA Term TBA viILial AV LAy DLEHy ULy Property Damage Combined Single Lim SeUHpdity. A Policy No TBA Term TBA nt yee Signed by Authorized Representative Date U UMB105 A CW 799 Page 1 of 1 | 2 |
Schedule of Forms and Endorsements Z ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer AUC 3793107 08 01012017 01012018 01012017 37385000 Named Insured and Mailing Address ALES Group USA Inc. 60 East 42nd Street 54th FL New York NY 10165 Producer Lockton Companies LLC 444 W 47th St Ste 900 Kansas City MO 64112 1906 Schedule of Forms and Endorsements Schedule of Forms and Endorsements Form Name Forms No Ed date Commercial Umbrella Liability Policy Jacket U UMB100 BCW 0703 Terrorism Disclosure Notice UGU630 DCW 0115 In Witness Clause U GU319F 0109 Commercial Umbrella Liability Policy Declarations U UMB D101 CCW 0310 Schedule of Underlying Insurance U UMB105 ACW 0799 Schedule of Forms and Endorsements U UMB104 ACW 0799 Commercial Umbrella Liability Policy U UMB103 CCW 03 10 Aircraft Products Grounding Exclusion UUMB111 BCW 0703 Access or Disclosure of Confidential or Personal Information Following Form U UMB922 ACW 0115 Cancellation Amendment of Notice U UMB128 CCW 0310 Care Custody and Control Exclusion U UMB129 BCW 0703 Claim Series Clause UUMB907 ACW 03 14 Communicable Disease Exclusion U UMB133 BNY 1009 Designated Substances And Risks U UMB200 ACW 0799 Electromagnetic Radiation Exclusion U UMB165 BCW 0703 Employee Benefits Liability Follow Form U UMB167 BCW 0703 Exclusion Recording And Distribution Of Material Or Information In Violation U UMB525 FCW o114 Fungus Exclusion Endorsement U UMB385 BCW 0703 Lead Exclusion U UMB193 ACW 0799 New York Changes U UMB308 CNY 0206 New York Changes Cancellation Nonrenewal U UMB309 BNY 0207 Product Recall Exclusion U UMB226 BCW 0703 Professional Liability Exclusion U UMB228 DCW o114 Silica or Silica Mixed Dust Exclusion U UMB515 ACW 0305 Terrorism Exclusions U UMB400 CCW. 0115 Terrorism Exclusions U UMB408 CMU 0115 Terrorism Exclusions U UMB436 CNY 0115 Terrorism Exclusions U UMB518 CVA 0115 Total Pollution Exclusion U UMB524 BCW 03 10 Transmissible Spongiform Encephalopathies Exclusion U UMB648 ACW 0408 U UMB104 A CW 799 Page 1 of 2 | 2 |
Uninsured Motorist Underinsured Motorist Liability Selection Rejection of Coverage U UMB453 AMU 0703 Welding Health Hazard Exclusion U UMB489 ACW. 06 04 Sanctions Exclusion Endorsement U GU1191 ACW 03 15 Signed by Authorized Representative Date U UMB104 A CW 799 Page 2 of 2 | 2 |
Z Commercial Umbrella Liability Policy ZURICH There are provisions in this policy that restrict coverage. Read the entire policy carefully to determine your 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 in SECTION V. DEFINITIONS of this policy. Words and phrases that are printed in bold face type are defined in this policy. These definitions are found in SECTION V. DEFINITIONS of this policy or in the specific policy provision where they appear. In consideration of the payment of the premium and in reliance upon the statements in the Declarations and in accordance with the provisions of this policy we agree with you to provide coverage as follows Insuring Agreements SECTION L COVERAGE A. Coverage A Excess Follow Form Liability Insurance Under Coverage A we will pay on behalf of the insured those damages covered by this insurance in excess of the total applicable limits of underlying insurance. With respect to Coverage A this policy includes 1. The terms and conditions of underlying insurance to the extent such terms and conditions are not inconsistent or do not conflict with the terms and conditions referred to in Paragraph 2. below and 2. The terms and conditions that apply to Coverage A of this policy. Notwithstanding anything to the contrary contained above if underlying insurance does not apply to damages for reasons other than exhaustion of applicable Limits of Insurance by payment of loss then Coverage A does not apply to such damages. Also Coverage A does not apply to any form of casualty business crisis expense insurance even if such insurance is afforded under underlying insurance or would have been afforded except for the exhaustion of the Limits of Insurance of underlying insurance. B. Coverage B Umbrella Liability Insurance Under Coverage B we will pay on behalf of the insured those damages the insured becomes legally obligated to pay by reason of liability 1. Imposed by law because of bodily injury property damage or personal and advertising injury or 2. Assumed under an insured contract because of bodily injury or property damage covered by this insurance but only if the injury damage or offense arises out of your business takes place during the policy period of this policy and is caused by an occurrence happening anywhere. We will pay such damages in excess of the Retained Limit specified in Item 5. of the Declarations or the amount payable by other insurance whichever is greater. Coverage B does not apply to any loss claim or suit for which insurance is afforded under underlying insurance or would have been afforded except for the exhaustion of the Limits of Insurance of underlying insurance. The amount we will pay for loss under Coverage A or Coverage B is limited as described in SECTION IL LIMITS OF INSURANCE. We have no obligation under Coverage A andor Coverage B with respect to any settlement made without our consent. The insurance afforded under Coverage A and Coverage B applies to bodily injury or property damage only if prior to the policy period no designated insured knew that the bodily injury or property damage had occurred in whole or in part. If such a designated insured knew prior to the policy period that the bodily injury or property damage 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. U UMB103 C CW 0310 Page 1 of 20 | 0 |
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 designated insured includes any continuation change or resumption of that bodily injury or property damage after the policy period and Bodily injury or property damage will be deemed to have been known to have occurred at the carliest time when any designated 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 or claim 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. C. Coverage C Casualty Business Crisis Expense Under Coverage C we will pay for casualty business crisis expense regardiess of fault arising from a casualty business crisis first commencing during the policy period. No underlying insurance or Retained Limit applies to Coverage C. Subject to the other terms and conditions of this coverage we shall pay casualty business crisis expense from the first dollar of such expense. The amount we will pay for casualty business crisis expense under Coverage C is limited as described in SECTION IL LIMITS OF INSURANCE. Any amounts that we pay under Coverage C will not obligate us in any way under Coverage A or Coverage B. SECTIONII. LIMITS OF INSURANCE A. With respect to Coverage A and Coverage B the Limits of Insurance shown in the Declarations and the rules below describe the most we will pay regardless of the number of 1. Insureds 2. Claims made or suits brought 3. Coverages provided under this policy or 4. Persons or organizations making claims or bringing suits. B. The Limits of Insurance of this policy will apply as follows 1. The limit stated in Item 4.B. of the Declarations for the Other Aggregate is the most we will pay for all loss under Coverage A and Coverage B combined except for a. Loss covered under the products completed operations hazard and b. Loss covered in underlying insurance to which no underlying aggregate limit applies. In addition with respect to Coverage A only if a policy listed on the Schedule of Underlying Insurance contains aggregate limits other than an aggregate limit applying to the products completed operations hazard the Other Aggregate limit stated in Item 4.B. of the Declarations will apply in the same manner as such other aggregate limits of each policy listed in the Schedule of Underlying Insurance. 2. The limit stated in Item 4.C. of the Declarations for the Products Completed Operations Aggregate is the most we will pay for all loss under both Coverage A and Coverage B combined as a result of bodily injury or property damage included within the products completed operations hazard. 3. Subject to Paragraph B.1. or B.2. above whichever applies the limit stated in Item 4.A. of the Declarations for Occurrence is the most we will pay for all loss arising out of any one occurrence even if such loss is covered in whole or in part under both Coverage A and Coverage B. C. Coverage A applies only in excess of the greater of the actual Limits of Insurance of underlying insurance or the Limits of Insurance shown on the Schedule of Underlying Insurance forming a part of this policy. D. With respect to Coverage C the limit stated as the Casualty Business Crisis Expense Aggregate Limit in Item 4.D. of the Declarations is the most we will pay for all casualty business crisis expense first commencing during the policy period. This limit is in addition to and casualty business is expense does not reduce or exhaust any other Limit of Insurance applicable to this policy. E. The Limits of Insurance of this policy apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the preceding period for purposes of determining the Limits of Insurance. U UMB103 C CW 0310 Page 2 0f 20 | 1 |
F. With respect to Coverage A only and subject to paragraphs B.1. B.2.B.3. and C. above 1. If the limits of underlying insurance have been reduced solely by payment of loss for which coverage is afforded under this policy this policy will drop down to become immediately excess of the reduced underlying limit or 2. If the limits of underlying insurance have been exhausted solely by payment of loss for which coverage is afforded under this policy this policy will continue in force as underlying insurance. SECTION III. DEFENSE AND SUPPLEMENTARY PAYMENTS A. We have the right and duty to assume control of the investigation and settlement of any claim or defense of any suit against the insured for damages covered by this policy 1. Under Coverage A when the applicable limit of underlying insurance and other insurance has been exhausted by payment of loss for which coverage is afforded under this policy or 2. Under Coverage B when damages are sought for bodily injury property damage or personal and advertising injury to which no underlying insurance or other insurance applies. B. Under Coverage C we do not assume any duty to control the investigation and settlement of any claim or defense of any suit that may arise from a covered casualty business crisis. C. In those circumstances where paragraph A. above applies we will pay our expenses and the following to the extent that they are not included in underlying insurance 1. Up to 2000 for the cost of bail bonds. We do not have to furnish these bonds. 2. The cost of bonds to release attachments but only for bond amounts within the amount of insurance available. We do not have to furnish these bonds. 3. Reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings because of time off from work. 4. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured. 5. Pre judgment interest awarded against the insured on that part of the judgment we pay. However if we make an offer to pay the applicable Limit of Insurance we will not pay any pre judgment interest based on that period of time after the offer. 6. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court that part of the judgment that is within the applicable Limits of Insurance. When our expenses and the payments described in paragraph C. above are not included in the definition of loss they will not reduce the Limits of Insurance. D. In those circumstances where paragraph A. above does not apply we do not have the duty to assume control of the investigation and settlement of any claim or defense of any suit against the insured. We do however have the right to participate in the investigation and settlement of any claim or defense of any suit that we feel may create liability on our part under the terms of this policy. If we exercise this right we will do so at our expense. We will not investigate and settle any claim or defend any suit after we have exhausted the applicable Limit of Insurance as stated in Item 4. of the Declarations. If we are prevented by law from carrying out the provisions of Section IIL Paragraph A. above we will pay any expense incurred with our consent. SECTIONIV. EXCLUSIONS A. Under Coverage A and Coverage B this policy does not apply to any liability damage loss cost or expense ASBESTOS 1. Arising out of or relating in any way to a. Asbestos or which would not have occurred in whole or in part but for the actual alleged or threatened discharge dispersal release leakage leaching friability flaking escape or presence of asbestos regardless of whether any other cause event material or product contributed concurrently or in any sequence to the injury or damage or b. Any U UMB103 C CW 0310 Page 3 0f 20 | 1 |
1 Request demand order statutory or regulatory requirement direction or determination that any insured or others test for investigate monitor clean up remove study contain treat encapsulate control or take any other action regarding asbestos or 2 Claim or suit for damages arising out of or relating in any way to any request demand order statutory or regulatory requirement direction or determination than any insured or others test for investigate monitor clean up remove study contain treat encapsulate control or take any other action regarding asbestos. EMPLOYMENT PRACTICES 2. Arising out of any bodily injury or personal and advertising injury to a. A person arising out of any 1 Failure to employ or promote that person 2 Termination of that person s employment including actual or alleged constructive dismissal 3 Employment related practices polmes acts or omissions including but not limited to injury arising from coercion demotion evaluation reassignment ipline defamation harassment molestation humiliation retaliation hostile work environment discrimination or malicious prosecution directed at that person or b. The spouse domestic partner child parent brother or sister of that person as a consequence of any bodily injury or personal and advertising injury to that person at whom any of the employment related practices described in subparagraphs 1 2 or 3 above is directed. This exclusion applies a. Whether the injury causing event described in paragraph 2.a. above occurs before employment during employment or after employment of that person b. Whether the insured may be held liable as an employer or in any other capacity or. To any obligation to share damages with or repay someone who must pay damages because of the injury. LAWS MISCELLANEOUS 3. Under any of the following a. Any uninsured underinsured motorist or auto no fault or first party personal injury law b. Any workers compensation unemployment compensation or disability benefits law or any similar law or c. The Employees Retirement Income Security Act E.R.I.S.A. of 1974 as now or hereafter amended. LOSS OF OR LOSS OF USE OF INTANGIBLE PROPERTY 4. Arising out of the loss of loss of intangible property. For purposes of tl NUCLEAR of damage to corruption of inability to access or inability to manipulate or process nsurance electronic data is intangible property. 5. a. With respect to which any insured under this policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its Limits of Insurance or b. Resulting from the hazardous properties of nuclear material and with respect to which 1 A person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or 2 Any 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 or. Any injury or nuclear property damage resulting from the hazardous properties of nuclear material if 1 The nuclear material a Is at any nuclear facility owned by or operated by or on behalf of any insured b Has been discharged or dispersed therefrom U UMB103 C CW 0310 Page 4 of 20 | 1 |
2 The nuclear material is contained in spent fuel or waste at any time possessed handled used processed stored transported or disposed of by or on behalf of any insured or 3 The injury or nuclear property damage arises out of the furnishing by any insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility but if such facility is located within the United States of America its territor or possessions or Canada this subparagraph 3 applies only to nuclear property damage to such nuclear facility and any property thereat. As used in this exclusion a. Hazardous properties include radioactive toxic or explosive properties. b. Nuclear Facility means 1 Any nuclear reactor 2 Any equipment or device designed or used for a Separating the isotopes of uranium or plutonium b Proce ng or utilizing spent fuel or Handling processing or packaging waste 3 Any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of any insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 or 4 Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. c. Nuclear material means source material special nuclear material or by product material. d. Nuclear property damage includes all forms of radioactive contamination of property.. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. f. Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. g Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor. h. Waste means any waste material 1 Containing by product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content and 2 Resulting from the operation by any person or organization of any nuclear fa paragraphs of the definition of nuclear facility. VIOLATION OF STATUTES ility included under the first two 6. Resulting from or 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 b. The CAN SPAM Act of 2003 including any amendment of or addition to such law. The Fair Credit Reporting Act FCRA and any amendment or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or d. Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. U UMB103 C CW 0310 Page 5 of 20 | 1 |
WAR AND MILITARY ACTION 7. Arising directly or indirectly out of a. War including undeclared or civil war b. Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or c. Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these regardless of any other cause or event that contributes concurrently or in any sequence to injury or damage. B. Under Coverage A this policy does not apply to any liability damage loss cost or expense POLLUTION 1. Arising directly or indirectly out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a. At or from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does not apply to 1 Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests 2 Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to underlying insurance as an additional insured with respect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or 3 Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire 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 transported handled stored treated disposed of or processed as waste by or for any insured or any person or organization for whom you maybe legally responsible or d. At or from 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 if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. However this subparagraph does not apply to 1 Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operation fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor 2 Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor 3 Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. e. At or from 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 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. f. That are or that are contained in any property that U UMB103 C CW 0310 Page 6 0f 20 | 1 |
1 Being transported or towed by handled or handled for movement into onto or from any auto for which coverage is provided by underlying insurance 2 Otherwise in the course of transit by or on behalf of any insured or 3 Being stored disposed of treated or processed in or upon any auto. However this subparagraph f. does not apply to bodily injury or property damage arising out of i The escape of fuels lubricants other operating fluids exhaust gases or other similar pollutants that are needed for or result from the normal electrical hydraulic or mechanical functioning of a covered auto or ii The escape of pollutants from a covered auto that directly results from the collision upset or overturn of such auto while in the course of transit away from any premises owned by or rented to any insured. 2. Arising out of any a. Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or Claim or suit brought by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. C. Under Coverage B this policy does not apply to AIRCRAFT AUTOS OR WATERCRAFT 1. Any liability damage loss cost or expense arising out of the ownership maintenance operation use loading or unloading or entrustment to others of any a. b. c Aircraft owned by you or rented loaned or chartered by or on behalf of you without crew Auto or Watercraft owned by you except watercraft while ashore on premises you own or rent. 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. EMPLOYEE INJURY 2. Any injury to a. An employee of the insured arising out of and in the course of 1 Employment by the insured or 2 Performing duties related to the conduct of the insured s business or Any injury to the spouse domestic partner child parent brother or sister of that employee as a consequence of exclusion 2.a. above. This exclusion applies whether the insured may be liable as an employer or in any other capacity or to any obligation to share damages with or repay someone else who must pay damages because of an injury. IMPAIRED PROPERTY 3. Property damage to impaired property or property that has not been physically injured arising out of a. A defect deficiency inadequacy or dangerous condition in your product or your work or b. A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. INTENTIONAL INJURY U UMB103 C CW 0310 Page 7 of 20 | 1 |
4. Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persol s or property. PERSONAL and ADVERTISING INJURY 5. Personal and advertising injury a. Caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury b. Arising out of oral or written publication of material if done by or at the direction of the insured with knowledge of its falsity. Arising out of oral or written publication of material whose first publication took place before the beginning of the policy period d. Arising out of a criminal act committed by or at the direction of any insured. For which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement f. Arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement g. Arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement h. Arising out of the wrong description of the price of goods products or services stated in your advertisement i. Arising out of the infringement of copyright patent trademark trade secret trade dress slogan or other intellectual property rights. However this exclusion does not apply to infringement of copyright trade dress or slogan in your advertisement j. Committed by an insured whose business is 1 Advertising broadcasting publishing electronic publishing or telecasting 2 Designing or determining content of web sites for others or 3 An Internet search access or content provider. However this exclusion 5.j.. does not apply to sub paragraphs C. 12. a. b. c. and h. of personal and advertising injury under SECTION V. DEFINITIONS. For purposes of this exclusion 5.j. the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting k. Arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control or L. Arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. POLLUTION 6. Any liability damage loss cost or expense a. Arising directly or indirectly out of the actual alleged or threatened existence discharge seepage migration dispersal release or escape of pollutants or Arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2 Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. PRODUCT RECALL U UMB103 C CW 0310 Page 8 of 20 | 1 |
7. Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of a. Your product b. Your work or. Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. PROPERTY DAMAGE 8. Property damage to a. Property you own rent or occupy including any costs or expenses incurred by you or any person or organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property b. Premises you sell give away or abandon if the property damage arises out of any part of those premises Property loaned to you d. Personal property in your care custody or control. 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 f. That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it g Your product arising out of it or any part of it or h. Your work arising out of it or any part of it and included in the products completed operations hazard. D. Under Coverage C this policy does not apply to any casualty business crisis arising out of based upon or attributable to PRIOR NOTICE 1. Facts alleged or to the same or related acts alleged or contained in any crisis claim or suit that has been reported or in any circumstances where notice has been given under any policy of which this policy or any underlying insurance is a renewal or replacement or PENDING OR PRIOR CRISIS CLAIM OR SUIT 2. Any pending or prior claim or suit as of the inception date of this policy. SECTION V. DEFINITIONS In this policy words and phrases appearing in bold face type have the definitions shown below. A. The following definitions are applicable to Coverage A Coverage B and Coverage C. 1. Designated insured means a. The persons and organizations specifically described under SECTION V. DEFINITIONS sub paragraphs C.6.a. through C.6.e. below for any insured or b. Any employee authorized by you to give or receive notice of an occurrence claim or suit. 2. 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. 3. Loss means those sums actually paid that the insured is legally obligated to pay as damages for the settlement or satisfaction of a claim because of injury or offense after making proper deductions for all recoveries and salvage. However a. Under Coverage A 1 Loss also includes defense expenses and supplementary payments if underlying insurance includes defense expenses and supplementary payments in the Limits of Insurance and U UMB103 C CW 0310 Page 9 of 20 | 1 |
4. 7. b. 2 Loss does not include defense expenses and supplementary payments if underlying insurance does not include defense expenses and supplementary payments in the Limits of Insurance. Under Coverage B. loss does not include defense expenses and supplementary payments. Other insurance means a policy of insurance providing coverage that this policy also provides. Other insurance includes any type of self insurance or other mechanisms by which an insured arranges for funding of legal liabilities. Other insurance does not include underlying insurance or a policy of insurance specifically purchased to be excess of this policy providing coverage that this policy also provides. Pollutants mean any man made or naturally occurring solid liquid gaseous or thermal irritant or contaminant including but not limited to smoke vapol soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. Suit means a civil proceeding in which injuries or damages to which this insurance applies are alleged. Suit includes Underlying insurance means the policy or policies of i An arbitration proceeding in which such damages are claimed and to which the insured must submit pursuant to law or contract or does submit with our consent or Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. urance listed in the Schedule of Underlying Insurance forming a part of this policy. We will only be liable for amounts in excess of the Limits of Insurance shown in the Schedule of Underlying Insurance for any underlying insurance. B. The following definitions are applicable to Coverage A only 1 2. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. Insured means a. b. c Non Admitted Jurisdiction mea a. Oc You Any person or organization included as an insured in underlying insurance and Any person or organization qualifying as an additional insured in underlying insurance but only to the same extent that such person or organization is an additional insured under such underlying insurance. Any country or political subdivision in which we are not licensed or permitted to insure risks and where doing so would violate the insurance laws and regulations of such jurisdiction or Any country or political subdivision where we are prevented by law from investigating defending or settling an occurrence or suit. currence means a covered event as defined in underlying insurance. Qualified Entity means any entity person or organization that is not an insured under this policy and would qualify as an insured under this policy but for the fact that the entity is registered domiciled or has ongoing operations in a non admitted jurisdiction. C. The following definitions are applicable to Coverage B only 1 Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For purpose of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding websites only that part of a website that is about your goods products or services for the purpose of attracting customers or supporters is considered an advertisement. Auto means A land motor vehicle trailer or semi trailer designed for travel on public roads including any attached machinery or equipment or Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. U UMB103 C CW 0310 Page 10 0f 20 | 1 |
However auto does not include mobile equipment. Bodily injury means physical injury sickness or disease including death of a person. Bodily injury to such person also means mental anguish mental injury humiliation or shock if directly resulting from physical injury sickness or discase. Employee includes a leased worker. Employee does not include a temporary worker. Impaired property means tangible property other than your product or your work that can not be used or is less useful beca a. It incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement If such property can be restored to use by a. The repair replacement adjustment or removal of your product or your work or b. Your fulfilling the terms of the contract or agreement. Insured means a. You if you are an organization shown in the Declarations other than a partnership joint venture or limited liability company. Your executive officers and directors are insureds but only with respect to their duties as your executive officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders b. You if you are a partnership or joint venture shown in the Declarations. Your members your partners and their spouses or domestic partners are also insureds but only with respect to the conduct of your business c. You and your spouse or domestic partner if you are an individual shown in the Declarations but only with respect to the conduct of a business of which you are the sole owner d. You if you are a limited liability company shown in the Declarations. 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 e. You if you are a trust shown in the Declarations. Your trustees are also insureds but only with respect to their duties as trustees f. Your employees but only for acts within the scope of their employment by you g. Your volunteer workers but only while performing duties related to the conduct of your busine h. Any person or organization while acting as your real estate manager or i. Your legal representative if you die but only with respect to duties as such. No person or organization is an insured with respect to the conduct of any current past or newly formed partnership limited liability company or joint venture that is not designated within the Declarations of this policy as Named Insured. Insured contract means any written or oral agreement entered into by the insured in the usual course of the business operations of the insured in which the insured assumes the tort liability of another to pay damages because of bodily injury or property damage to a third person or organization where the contract or agreement is made prior to the injury or damage. Liability means a liability that would be imposed by law in the absence of any contract or agreement. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. 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 b. Vehicles maintained for use solely on or next to premises you own or rent. 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. U UMB103 C CW 0310 Page 11020 | 1 |
10. 11. 12. Vehicles not described in 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 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers. 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 are considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on an auto 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 any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. Named insured means a. b. The persons and organizations designated in Item 1. of the Declarations of this polic Any organization other than a partnership joint venture or limited liability company over which you maintain majority interest and to which more specific insurance does not apply other than one which you newly acquire or form or Any newly acquired or formed organization other than a partnership joint venture or limited liability company over which you maintain majority interest and to which more specific insurance does not apply provided that this policy does not apply to any injury or damage that took place before you acquired or formed the organization. Occurrence means a. With respect to bodily injury or property damage liability an accident including continuous or repeated exposure to substantially the same general harmful conditions. With respect to personal and advertising injury a covered offense. All damages that arise from the same act publication or general conditions are considered to arise out of the same occurrence regardless of the frequency or repetition thereof the number or kind of media used or the number of claimants. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offen a. False arrest detention or imprisonment Malicious prosecution 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 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 Oral or written publication in any manner of material that violates a person s right of privacy The use of another s advertising idea in your advertisement Infringement upon another s copyright trade dress or slogan in your advertisement or imination unless insurance thereof is prohibited by law not arising out of or related to employment practices. U UMB103 C CW 0310 Page 120 20 | 1 |
13. 14. 15. 16. 17. 18. 19. Personal and advertising injury also means mental anguish mental injury humiliation or shock if directly resulting from an offense listed in ltems 12.a. through 12.h. above. Products completed operations hazard means all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except a. Products that are still in your physical possession or b. Work that has not yet been completed or abandoned. Your work will be deemed completed at the earliest of the following times 1 When all of the work called for in your contract has been completed 2 When all of the work to be done at the site has been completed if your contract calls for work at more than one site or 3 When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. This hazard does not include bodily injury or property damage arising out of a. The transportation of property unless the injury or damage arises out of a condition in or on a vehicle created by the loading or unloading of it by any insured or b. The existence of tools uninstalled equipment or abandoned or unused materials. Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss shall be deemed to occur at the time of the occurrence that caused it. Retained limit means the amount of damages applicable to each occurrence for which the insured is responsible that is shown in Item 5. of the Declarations. 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. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. Your product means a. Any goods or products other than real property manufactured sold handled distributed 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. Your product 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 or failure to provide warnings or instructions. Your product does not include vending machines or other property rented to or located for use of others but not sold. Your work means a. Work or operations performed by you or on your behalf and U UMB103 C CW 0310 Page 13 0 20 | 1 |
b. Materials parts or equipment furnished in connection with such work or operations. Your work includes Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and b. The providing of or failure to provide warnings or instructions. D. The following definitions are applicable to Coverage C only 1. Casualty business crisis means an event that in the good faith opinion of your principal in the absence of casualty business crisis services has been or may be associated with Damages covered by this policy under Coverage A that are in excess of the applicable limits of underlying insurance or under Coverage B that are in excess of the Retained Limit and b. Significant adverse regional or national media coverage. Casualty business crisis shall include without limitation man made disasters such as explosions major crashes multiple deaths or injuries burns dismemberment traumatic brain injury paraplegia or contamination of food drink or pharmaceuticals. For purposes of Coverage C a casualty business crisis will first commence when your principal first become aware of the occurrence and will conclude at the earliest of the time when the casualty business crisis advisor advises you that the crisis no longer exists or when the Casualty Business Crisis Expense Aggregate Limit has been exhausted. 2. Casualty business crisis advisor means any public relations firm or crisis management firm approved by us that is hired by you to perform casualty business crisis services in connection with a casualty business crisis. 3. Casualty business crisis expense means amounts paid To you for the reasonable and necessary 1 Fees and expenses of a casualty business cri services solely for a covered casualty business advisor in the performance for you of casualty business crisis and 2 Amounts for printing advertising mailing of materials or travel by your directors officers employees or agents or a casualty business crisis advisor solely for a casualty business crisis and b. To others for the following reasonable and necessary expenses resulting from such covered casualty business crisis provided that such expenses have been approved by us 1 Medical expenses 2 Funeral expenses 3 Psychological counseling 4 Travel expenses 5 Temporary living expenses 6 Expenses to secure the scene of a casualty business crisis and 7 Any other expenses pre approved by us. 4. Casualty business crisis services means those services performed by a casualty business crisis advisor in advising you on minimizing potential harm to you from a covered casualty business crisis by maintaining or restoring public confidence in you. 5. Principal means your Chief Executive Officer Chief Operating Officer Chief Financial Officer President General Counsel or general partner if you are a partnership or sole proprietor if you are a proprietorship. SECTION VL. CONDITIONS A. The following Conditions are applicable to Coverage A Coverage B and Coverage C. 1. Appeals U UMB103 C CW 0310 Page 14 0f 20 | 1 |
In the event you or any underlying insurer elects not to appeal a judgment in excess of the amount of the underlying insurance we may elect to appeal at our expense. If we do so elect we will be liable for the costs and additional interest accruing during this appeal. In no event will this provision increase our liability beyond the applicable Limits of Insurance described in SECTION IL of this policy. Audit of Books and Records We may audit and examine your books and records as they relate to this policy at any time during the period of this policy and for up to three 3 years after the expiration or termination of this policy. Bankruptcy or Insolvency The bankruptcy insolvency or inability to pay of any insured will not relieve us from our obligation to pay damages covered by this policy. In the event of bankruptcy insolvency or refusal or inability to pay of any underlying insurer the insurance afforded by this policy will not replace such underlying insurance but will apply as if all the limits of any underlying insurance are fully available and collectible. Cancellation and Nonrenewal a. Cancellation 1 You may cancel this policy. You must mail or deliver advance written notice to us stating when the cancellation is to take effect. 2 We may cancel this policy. If we cancel because of non payment of premium we will mail or deliver to you not less than ten 10 days advance written notice when the cancellation is to take effect. If we cancel for any other reason we will mail or deliver to you not less than ninety 90 days advance written notice stating the reasons for cancellation as well as the date when the cancellation is to take effect. Mailing notice to you at your mailing address shown in Item 2. of the Declarations will be sufficient to prove notice. 5 The policy period will end on the day and hour stated in the cancellation notice. If this policy is cancelled the final premium will be calculated pro rata based on the time this policy was in force. Premium adjustment may be made at the time of cancellation or as soon as practicable thereafter but the cancellation will be effective even if we have not made or offered any refund due you. Our check or our representative s check mailed or delivered will be sufficient tender of any refund due you. b. Nonrenewal 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 nonrenewal not less than thirty 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. Changes Notice to any agent or knowledge possessed by any agent or any other person will not effect a waiver or a change in any part of this policy. This policy can only be changed by a written endorsement that becomes a part of this policy. Currency Settlements will be paid in United States currency or when required in the currency of the country or jurisdiction where the loss or casualty business crisis occurred. When conversion into another currency from United States currency is required to pay any loss or casualty business crisis expense the rate of exchange will be determined on the date of the settlement. The rate of exchange will be the rate we incur in obtaining the foreign currency. First Named Insured The person or organization first named in Item 1. of the Declaratiol esponsible for the payment of all premiums. The first Named Insured will act on behalf of all other insureds for the giving and receiving of notice of cancellation or any other notice required under this policy or by statute or regulation for the receipt and acceptance of this policy and any endorsements forming a part of this policy and for the receiving of any return premiums that become payable under this policy. Inspection U UMB103 C CW 0310 Page 15 of 20 | 1 |
We have the right but are not obligated to inspect the insured s premises and operations at any time. Our inspections are not safety inspections. They relate only to the insurability of the premises and operations and the premium to be charged. We may provide reports on the conditions we find. We may also recommend changes. While these reports may help reduce losses 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. We do not warrant that the premises or operations are safe or healthful or that they comply with laws regulations codes or standards Entities That Are Registered Domiciled or Have Ongoing Operations in Non Admitted Jurisdictions This condition applies solely with respect to entities that are registered domiciled or have ongoing operations in non admitted jurisdictions. With respect to a qualified entity a. Under Coverage A we will reimburse the first Named Insured for loss incurred by a qualified entity that would have been covered this policy but for the fact that the loss was incurred by a qualified entity including 1 Damages covered by this policy in excess of the total applicable limits of underlying insurance and 2 Reasonable defense expenses incurred with our consent. We have no duty to defend any person or organization against any claim or suit brought or proceeding instituted against any qualified entity in a non admitted jurisdiction but we may at our discretion assume control of or participate in any investigation defense settlement or recovery proceedings. Coverage under this policy will not apply until the qualified entity or the qualified entity s underlying insurer has paid or s obligated to pay the full amount of the applicable limits of underlying insurance. The duties and requirements imposed upon any insured under this policy will not apply to any non admitted jurisdiction. However with respect to any claims made or suits brought in a non admitted jurisdiction it will be the duty of the first Named Insured to do or cause the applicable qualified entity to do such things as would be required of such qualified entity if Coverage A applied directly to such claim or suit including 1 Make such investigation defense or settlement as we deem reasonable 2 Obtain our approval for any payment and 3 Effect approved payments to others in accordance with the terms and conditions of this insurance. Under Coverage B this policy does not apply to any liability damage loss cost or expense arising out of any operations or activities of a qualified entity. We will promptly pay the first Named Insured at the mailing address listed in Item 2. of the Declarations the amount of damages covered under the terms of this policy. If the first Named Insured or any qualified entity recovers from any third party all or part of any amount that we have paid pursuant to this insurance the first Named Insured will promptly reimburse the amount of any such recovery to us. 10. Legal Action Against Us There will be no right of action against us under this insurance unless a. b. You have complied with all the terms of this policy and The amount you owe has been determined by settlement with our consent or by actual trial and final judgment. This insurance does not give anyone the right to add us as a party in an action against you to determine your liability. 11. Maintenance of Underlying Insurance During the period of this policy you agree a. b. To keep the policies listed in the Schedule of Underlying Insurance in full force and effect That the Limits of Insurance of the policies listed in the Schedule of Underlying Insurance will be maintained except for any reduction or exhaustion of limits by payment of claims or suits for damages covered by underlying insurance U UMB103 C CW 0310 Page 16 0f 20 | 1 |
12. 13. 14. 15. 16. 17.. The policies listed in the Schedule of Underlying Insurance may not be canceled or not renewed by you without notifying us and you agree to notify us in the event an insurance company cancels or declines to renew any policy listed in the Schedule of Underlying Insurance and d. Renewals or replacements of the policies listed in the Schedule of Underlying Insurance will not be materially changed without our agreement. If you fail to comply with these requirements we will only be liable to the same extent that we would have been had you fully complied with these requirements. Miscellaneous Unintentional Errors and Omissions Any unintentional error or omission in the description of or failure to describe completely any premises or operations intended to be covered by this policy shall not invalidate or affect the coverage for those operations or premises. However the insured must report such error or omission to the company as soon as practicable after its discovery. Other Insurance If other insurance applies to damages that are also covered by this policy this policy will apply excess of the other insurance. However this provision will not apply a. If the other insurance is written to be excess of this policy or b. With respect to Coverage A only if the named insured has agreed in a written contract to carry insurance to apply prior to and be non contributory with that of another person or organization s insurance but only as respects damages arising out of insured operations or work on behalf of the named insured performed under such written contract. The limits available to the other person or organization will be the lesser of the policy limits or the minimum limits required by such written contract. In that case other insurance of that person or organization will apply as excess and not contribute prior to the insurance afforded by this policy. Nothing herein will be construed to make this policy subject to the terms conditions and limitations of such other insurance. Premium The premium for this policy as stated in Item 6. of the Declaration endorsement is attached to this policy. s a flat premium. It is not subject to adjustment unle 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 a. As if each named insured were the only named insured and b. Separately to each insured against whom claim is made or suit is brought. Terms Conformed to Statute The terms of this policy which are in conflict with the statutes laws ordinances or regulations in any country jurisdiction state or province where this policy is issued are amended to conform to such statutes laws ordinances or regulations. If we are prevented by law or statute from paying on behalf of the insured then we will where permitted by law or statute indemnify the insured. Transfer of Rights of Recovery Against Others to Us a. If the insured has rights to recover all or part of any payment we have made under this insurance those rights are transferred to us. The insured must do nothing after the loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. However if any insured is required by a written contract or agreement which is executed before a loss to waive their rights of recovery from others we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations for which the insured has not waived their rights of recovery by contract. b. Any amount recovered will be apportioned in the inverse order of payment of loss to the extent of actual payment. The expenses of all such recovery proceedings will be apportioned in the ratio of respective recoveries. U UMB103 C CW 0310 Page 17 0 20 | 1 |
18. 19. Transfer of Your Rights and Duties Your rights and duties under this insurance may not be transferred without our written consent. If you die then 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 temporary custody of your property will have your rights and duties but only with respect to that property. When Loss is Payable Coverage under this policy will not apply until the insured or the insured s underlying insurer has paid or is legally obligated to pay the full amount of the Underlying Limits of Insurance or Retained Limit. When the amount of loss is determined by an agreed settlement or on a final judgment against an insured obtained after an actual trial we will promptly pay on behalf of the insured the amount of loss covered under the terms of this policy. The first Named Insured will promptly reimburse us for any amount within the Retained Limit paid by us. 20. Violation of Economic or Trade Sanctions If coverage for a claim or suit under this policy is in violation of any economic or trade sanctions of the United States of America then coverage for that claim or suit will be and void. B. The following Condition is applicable to Coverage A and Coverage B 1 Notice of Occurrence Claim or Suit a. You must see to it that we are notified this policy. soon as practicable of an occurrence which may result in damages covered by To the extent possible notice will 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. Knowledge of an occurrence by the agent servant or employee of yours shall not in itself constitute knowledge by the insured unless you or any employee authorized by you to give or receive notice of an occurrence claim or suit shall have received such notice from the agent servants or employee. If a claim or suit against any Insured is reasonably likely to involve this policy you must notify us in writing as soon as practicable. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation settlement or defense of the claim or suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. The insureds will not except at their own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. Your failure to give notice of an occurrence to us shall not invalidate coverage under this policy if the occurrence was inadvertently reported to another Insurer. However you shall report any such occurrence to us as soon as practicable once you become aware of such error. C. The following Conditions are applicable to Coverage C 1 Notice of a Casualty Business Crisis U UMB103 C CW 0310 Page 18 of 20 | 1 |
You must see to it that we are notified of a casualty business crisis as soon as practicable after it first commences. Such notice shall include a description of the casualty business crisis and the reason it is likely to involve damages covered by this policy in excess of the applicable limits of underlying insurance under Coverage A or Retained Limit under Coverage B and significant adverse regional or national media coverage. We will not be liable for casualty business cri incurred prior to or more than one hundred eighty 180 days after the date notice of such casualty business crisi given to us. Notice to us shall be given to Zurich Claim Reporting Care Center P.O. Box 49547 Colorado Springs CO 80949 Phone 1 800 987 3373 Fax 1 877 962 2567 E Mail USZ Care CenterZurichna.com. Arbitration If you and we disagree as to whether a casualty business crisis has occurred both parties may by mutual consent agree in writing to arbitration of the disagreement and the right to any reimbursement for casualty business crisis expense. In this event each party will select an arbitrator. The two arbitrators will select a third. If they can not agree within 30 days both parties must request that selection be made by a judge of a court having jurisdiction. Each party will a. Pay the expenses it incurs and b. Bear the expenses of the third arbitrator equally. Unless both parties agree otherwise arbitration will take place in the state county or parish in which the address shown in the Declarations is located. Local rules of law as to procedure and evidence will apply. U UMB103 C CW 0310 Page 19 0f 20 | 1 |
Aircraft Products Grounding Exclusion Z ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer AUC 3793107 08 01012017 01012018 01012017 37385000 Named Insured and Mailing Address Producer ALES Group USA Inc. 60 East 42nd Street 54th New York NY 10165 FL Lockton Companies LLC 444 W 47th St Ste 900 Kansas City MO 64112 1906 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Aircraft Products Grounding Exclusion iling Address FL Under Coverage A and Coverage B this policy does not apply to any liability damage loss cost or expense included in the products completed operations hazard and arising out of any aircraft product or the grounding of any aircraft. 1. Aircraft product mean Aircraft including missiles or spacecraft and any ground support or control equipment used therewith Any article furnished by any insured or on behalf of any insured and installed in an aircraft or used in connection with an aircraft or for spare parts for an aircraft including ground handling tools and equipment Any insured s products used at an airport for the purpose of guidance navigation or direction of aircraft and Training aids instructions manuals blueprints engineering or other data or advice and services and labor relating to such aircraft articles or products. 2. Grounding means the withdrawal of one or more aircraft from flight operations or the imposition of speed passenger or load restrictions on such aircraft by reason of the existence of or alleged or suspected existence of any defect fault or condition in such aircraft or any part thereof sold handled or distributed by any insured or on behalf of any insured or manufactured assembled or processed by any other person or organization a. According to the specifications plans suggestions orders or drawings provided by any insured or on behalf of any insured or With tools machinery or other equipment furnished to such persons or organizations by any insured or on behalf of any insured whether such aircraft so withdrawn are owned or operated by the same or different persons organizations or corporations. Signed by Authorized Representative Date U UMB111 B CW 72003 Page 1 of 1 | 2 |
Z ZURICH Access Or Disclosure Of Confidential Or Personal Information Following Form Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer AUC 3793107 08 01012017 01012018 01012017 37385000 Named Insured and Mailing Address Producer ALES Group USA Inc. Lockton Companies LLC 60 East 42nd Street 54th FL New York NY 10165 444 W 47th St Ste 900 Kansas City MO 64112 1906 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. A. Paragraph A. 4. of SECTION IV. EXCLUSIONS is deleted B. The following is added to Paragraph C. of SECTION IV. EXCLUSIONS Under Coverage B this policy does not apply to any liability damage loss cost or expense ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION 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 you or others arising out of that which is described in Paragraph a.or b. above. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. U UMB922 A CW 0115 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Cancellation Amendment Of Notice Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer AUC 3793107 08 01012017 01012018 01012017 37385000 Named Insured and Mailing Address ALES Group USA Inc. 60 East 42nd Street 54th FL New York NY 10165 Producer Lockton Companies LLC 444 W 47th St Ste 900 Kansas City MO 64112 1906 Z ZURICH THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. The number of days advance written notice of cancellation for reasons other than nonpayment of premium stated in paragraph a. 2 of CONDITION 4. Cancellation and Nonrenewal or any applicable amendatory endorsement governing the cancellation of this policy is amended to 30 days. If we cancel for reason of nonpayment of premium the number of days notice stated in paragraph a. 2 of CONDITION 4. Cancellation and Nonrenewal or any applicable amendatory endorsement governing the cancellation of this policy remains unchanged. iling Address FL ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. U UMB128 C CW 0310 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Care Custody Or Control Exclusion Z ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer AUC 3793107 08 01012017 01012018 01012017 37385000 Named Insured and Mailing Address ALES Group USA Inc. 60 East 42nd Street 54th FL New York NY 10165 Producer Lockton Companies LLC 444 W 47th St Ste 900 Kansas City MO 64112 1906 Care Custody Or Control Exclusion THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Under Coverage A this policy does not apply to property damage to Real and Personal Property of others in the care custody or control of the insured. If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. Signed by Authorized Representative Date U UMB129 B CW 72003 Page I of 1 | 2 |
Claims Series Endorsement Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer AUC 3793107 08 01012017 01012018 01012017 37385000 Named Insured and Mailing Address ALES Group USA Inc. 60 East 42nd Street 54th FL New York NY 10165 Producer Lockton Companies LLC 444 W 47th St Ste 900 Kansas City MO 64112 1906 Z ZURICH THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial Umbrella Liability Policy The following is added to SECTION VI. CONDITIONS Claims Series a. Any occurrences resulting in a series of claims or suits that the insured becomes legally obligated to pay as damages because of bodily injury or property damage due to a common cause or condition of your products or your work shall be deemed to be one occurrence regardless of the total number of 1 Insureds 2 Claims made or suits brought 3 Persons or organizations making claims or bringing suits or 4 Potential occurrences that might otherwise have applied in the absence of this endorsement. All claims or suits for damages from such common cause of condition shall be deemed to have been made at the time of the first of those claims or suits is made against any insured. b. Subject to the Products Completed Operations Aggregate Limit as stated in Item 4.C. of the Declarations of this policy our liability for all damages arising out of an occurrence as described in Paragraph a. above shall not exceed the Each Occurrence Limit of Insurance as stated in Item 4.A. of the Declarations of this policy. Solely for the purposes of this endorsement common cause or condition means the same or similar design error omission or defect manufacturing defect or failure by the insured to warn of a potential hazard in or of your products or your work. All other terms conditions provisions and exclusions of this policy remain the same. U UMB907 A CW 0314 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Z ZURICH New York Communicable Disease Exclusion Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer AUC 3793107 08 01012017 01012018 01012017 37385000 Named Insured and Mailing Address Producer ALES Group USA Inc. Lockton Companies LLC 60 East 42nd Street 54th FL 444 W 47th St Ste 900 New York NY 10165 Kansas City MO 64112 1906 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. iling Address FL Under Coverage A and Coverage B this policy does not apply to any liability damage loss cost or expense arising out of the actual or alleged transmission of a communicable disease. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the a b. c. d. Supervising hiring employing training or monitoring of others that may be infected with and spread of a communicable disease Testing for communicable disease Failure to prevent the spread of the disease or Failure to report the disease to authorities. The exclusion does not apply to professional liability coverage and to those which regularly come into contact with the public. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. Signed by Authorized Representative Date U UMB133 B NY 1009 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Designated Substances Exclusion Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer AUC 3793107 08 01012017 01012018 01012017 37385000 Named Insured and Mailing Address Producer ALES Group USA Inc. 60 East 42nd Street 54th New York NY 10165 FL Lockton Companies LLC 444 W 47th St Ste 900 Kansas City MO 64112 1906 Z ZURICH Designated Substances Exclusion THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. It is agreed that such insurance as is afforded by this policy does not apply to and we have no duty with respect to any loss claim or suit for damages because of bodily injury or property damage arising out of or related in any way to Chlorohydrocarbons CHCs Silicon implants Diethylstilbestrol DES Oxychinolines SMON Ephedra Transmission of the HIV virus and its consequences Polychlorinated BiphenylsPCB Transfer of pathogens e.g.prions in the area of transmissible spongiform encephalopathiesTSE such as e.g. bovine spongiform encephalopathyBSE or variant Creutzfeld Jakob disease vCID Tobacco and tobacco products Urea formaldehyde Genetically modified organism Manufacturing andor selling of firearms Latex. This exclusion only applies for claims occurring within the USA andor Canada respectively for claims made in this respect in USA andor Canada Contraceptives Signed by Authorized Representative Date U UMB200 A CW 799 Page I of 1 | 2 |
Electromagnetic Radiation Exclusion Z ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer AUC 3793107 08 01012017 01012018 01012017 37385000 Named Insured and Mailing Address ALES Group USA Inc. 60 East 42nd Street 54th FL New York NY 10165 Producer Lockton Companies LLC 444 W 47th St Ste 900 Kansas City MO 64112 1906 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Electromagnetic Radiation Exclusion iling Address FL Under Coverage A and Coverage B this policy does not apply to Any liability damage loss cost or expense resulting from or arising out of any electromagnetic fields electromagnetic radiation or electromagnetism which emanates from or is alleged to emanate from or are in any way associated with any of the insured s products or services. Definitions As used in this endorsement 1. Electromagnetic fields means any field or force made up of associated electric and magnetic components. 2. Electromagnetic radiation means any succession of clectromagnetic energy waves or particles occurring in a wide range of frequencies including but not limited to radio frequencies within the electromagnetic spectrum. 3. Electromagnetism means the emission and propagation of radiation associated with a periodically varying electric and magnetic field including gamma rays X rays and ultraviolet light infrared and radio waves. Signed by Authorized Representative Date U UMB165 B CW 072003 Page 1 of 1 | 2 |
Employee Benefits Liability Follow Form Z ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer AUC 3793107 08 01012017 01012018 01012017 37385000 Named Insured and Mailing Address ALES Group USA Inc. 60 East 42nd Street 54th FL New York NY 10165 Producer Lockton Companies LLC 444 W 47th St Ste 900 Kansas City MO 64112 1906 Employee Benefits Liability Follow Form THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Under Coverage B only this policy does not apply to any liability damage loss cost or expense imposed on any insured as a Fiduciary Administrator or other party in interest arising out of any Employee Benefits Program record handling in connection with any Employee Benefits Program or effecting or terminating any employee s participation in any plan included in any Employee Benefits Program. As used in this endorsement Employee Benefits Program means any group life insurance group accident or health insurance profit sharing plans pension plans stock subscription plans unemployment insurance social security benefits workers compensation and disability benefits and any other similar plans. Signed by Authorized Representative Date U UMB167 B CW 72003 Page 1 of 1 | 2 |
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