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Z ZURICH Exclusion Recording And Distribution Of Material Or Information In Violation Of Law 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 FL New York NY 10165 Lockton Companies LLC 444 W 47th St Ste 900 Kansas City MO 64112 1906 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial Umbrella Liability Policy Under Section IV. Exclusions paragraph A. 6. Violation Of Statutes is replaced by the following RECORDING AND DISTRIBUTION OF MATERIAL OR INFORMATION IN VIOLATION OF LAW 6. Directly or indirectly arising out of or based upon 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 of 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 or any other legal liability at common law or otherwise that addresses prohibits or limits the printing dissemination disposal monitoring collecting recording use of sending transmitting communicating or distribution of material or information. All other terms conditions provisions and exclusions of this policy remain the same. U UMB525 F CW 0114 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Fungus or Bacteria 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 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Producer Lockton Companies LLC 444 W 47th St Ste 900 Kansas City MO 64112 1906 iling Address FL Under Coverage A and Coverage B this policy does not apply to any liability damage loss cost or expense A. Caused directly or indirectly by the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or presence of any 1. Fungi or bacteria or 2. Substance vapor or gas produced by or arising out of any fungi or bacteria. B. Arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing ing the effects of fungi or bacteria by any insured or by remediating or disposing of or in any way responding to or as any other person or entity. Definitions As used in this endorsement 1. Bacteria means any type or form of bacteria and any materials or substances that are produced or released by bacteria. 2. Fungi means any type or form of fungus including mold or mildew and any mycotoxins spores scents or by products produced or released by fungi. 3. Spores means reproductive bodies produced by or arising out of fungi. This exclusion does not apply to any fungi or bacteria that are are on or are contained in an edible good or edible product intended for human or animal consumption. Signed by Authorized Representative Date U UMB385 B CW 072003 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Lead Exclusi on 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. Lead Exclusion iling Address FL A. Under Coverage A and Coverage B this policy does not apply to 1. Any liability damage loss cost or expense arising out of resulting from caused by or contributed to by toxic or pathological properties of lead lead compounds or lead contained in any materials 2. Any cost or expense to abate mitigate remove or dispose of lead lead compounds or materials containing lead 3. Any supervision instructions recommendations warnings or advice given or which should have been given in connection with paragraphs L. or 2. above or 4. Any obligation to share damages with or repay anyone else who must pay damages in connection with paragraphs 1. 2. or 3. above. Signed by Authorized Representative Date U UMB193 A CW 799 Page 1 of 1 | 2 |
Z ZURICH New York Changes 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 L SECTION L. COVERAGE Coverage A Excess Follow Form Liability Insurance is amended to include the following Notwithstanding anything to the contrary in this policy the insurance coverage afforded by this policy as respects operations in New York State shall conform to the requirements of the applicable New York State Insurance Laws and the applicable New York State Insurance Department Regulations. However the Limit of Insurance stated in this policy shall apply in excess of the Limits of Insurance of any underlying insurance or self insurance shown in the Schedule of Underlying Insurance. IL. SECTION III. DEFENSE AND SUPPLEMENTARY PAYMENTS Paragraph A. deleted and replaced with the following 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 even if the allegations of the suit are groundless false or fraudulent 1. Under Coverage A when the applicable limit of underlying insurance and other insurance has been exhausted by payment of claims for which coverage is afforded under this policy or 2. Under Coverage B when damages are sought for bodily injury property damage personal and advertising injury to which no underlying insurance or other insurance applies. For amounts within the Retained Limit we have no duty to defend but we shall have the right to associate with the insured in the defense and control of any claim or suit that we think may involve this policy. If we elect to defend any claim that ultimately settles within the Retained Limit we will obtain your consent before settling the claim. This consent shall not be unreasonably withheld by you but should you do so we shall be liable under the terms and conditions of this policy only for the amount equal to the amount for which we could have initially settled that claim. III. SECTION III. DEFENSE AND SUPPLEMENTARY PAYMENTS is amended by the addition of the following D. 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 applicable Limit of Insurance under Coverage A or Coverage B is likely to be used up in the payment of judgments or settlements we will notify the first Named Insured in writing to that effect. E. When a Limit of Insurance described in paragraph D. above has actually been used up in the payment of judgments or settlements 1. We will notify the first Named Insured in writing as soon as practicable that a. Sucha limit has actually been used up and b. Our duty to defend suits seeking damages subject to that limit has also ended. U UMB308 C NY 022006 Page 1 of 4 Includes copyrighted material of Insurance services Office Inc. with its permis Copyright Insurance Services Office Inc. 1991 1992 | 2 |
2. 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 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. 4. The first Named Insured will reimburse us for expenses we incur in taking those steps we deem appropriate in accordance with paragraph E.2. above. The duty of the first Named Insured to reimburse us will begin on a. The date on which the applicable limit of insurance is used up if we sent notice in accordance with paragraph D. above or b. The date on which we sent notice in accordance with paragraph E.1. above if we did not send notice in accordance with paragraph D. above. 5. The exhaustion of any limit of insurance by the payments of judgments or settlements and the resulting end of our duty to defend will not be affected by our failure to comply with any of the provisions of this Condition. IV. SECTION IV. EXCLUSIONS Exclusion B. 1. Pollution the following changes apply 1. Paragraph 3. subparagraph b. 1 is deleted and replaced by the following b. Subparagraph 1. a. does not apply to 1 Bodily injury if sustained within a building and caused by smoke fumes vapor or soot from equipment 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. The following is added to this exclusion This pollution exclusion applies whether or not such pollutants have any function in your business operations premises site or location. V. SECTION IV. EXCLUSIONS Exclusion C. 6. Pollution the following changes apply 1. Paragraph b. is deleted and replaced by the following. 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 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. 2. The following is added to this exclusion This pollution exclusion applies whether or not such pollutants have any function in your business operations premises site or location. VL. SECTION IV. EXCLUSIONS Exclusion C. 4. INTENTIONAL INJURY is deleted in its entirety. The following Exclusion is added to SECTION IV. EXCLUSIONS Paragraph A. INTENTIONAL INJURY U UMB308 C NY 022006 Page 2of 4 | 2 |
VIL Under Coverage A. and Coverage B. this policy does not apply to any liability damage loss cost or expense arising out of 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. SECTION V. DEFINITIONS C. 2. Auto is deleted and replaced by the following 2. Auto means a. A land motor vehicle trailer or semitrailer 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 in the state where it is licensed or principally garaged. VIIL SECTION V. DEFINITIONS C.5. Insured paragraph a. is deleted and replaced by the following IX. X. a. You if you are an organization shown in the Declarations other than a partnership joint venture or limited liability company. Your executive officers 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. SECTION V. DEFINITIONS C. 7. Mobile Equipment is amended to include the following paragraph However mobile equipment does not include any land vehicles that are subject to compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Land motor vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. SECTION V. DEFINITIONS definition C. 10. Personal Injury paragraph h. is deleted and replaced with the following h. Discrimination based solely on disparate impact or vicarious liability unless insurance thereof is prohibited by law not arising out of or related to employment practices. XI. SECTION VL. CONDITIONS 3. Bankruptey or Insolvency is deleted in its entirety and replaced with the following 3. Bankruptcy or Insolvency The bankruptcy insolvency or inability to pay of any insured or the insured s estate 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. XIIL SECTION VL. CONDITIONS 8. Legal Action Against Us is deleted in its entirety and replaced with the following 8. Legal Action Against Us No person or organization has a 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 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 limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. XIII. SECTION VI. CONDITIONS Condition 10. Notice of Occurrence Claim or Suit is amended to include the following 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 notice to us. XIV.SECTION VI. CONDITIONS Condition 17. When Damages are Payable is deleted in its entirety and replaced with the following U UMB308 C NY 022006 Page 3 of 4 | 2 |
17. When Damages are Payable This policy will not apply until the insured or the insured s underlying insurer is obligated to pay the full amount of the Underlying Limits of Insurance or Retained Limit. When the amount of damages is finally determined we will promptly pay on behalf of the insured the amount of damages 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. Signed by Authorized Representative Date U UMB308 C NY 022006 Paged of 4 | 2 |
Z ZURICH New York Changes Cancellation Nonrenewal 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 A. CONDITION 4. Cancellation is deleted in its entirety and replaced with the following 4. Cancellation a. If this policy has been in effect for 60 days or less and it is not a renewal of a policy we i ed we may cancel this policy for any reason. A written notice of cancellation will be mailed or delivered to you at least 2 15 days before the effective date of cancellation if we cancel for nonpayment of premium or 60 days before the effective date of cancellation if we cancel for any reason other than nonpayment of premium. If we cancel for nonpayment of premium as described in reason a. 1 our written notice of cancellation will include the premium amount due. 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 this policy only for one or more of the following reasons 2 3 6 Y Nonpayment of premium Conviction of a crime arising out of acts increasing the hazard insured against Discovery of fraud or material misrepresentation in the obtaining of the policy or in the presentation of a claim thereunder After issuance of the policy or after the last renewal date discovery of any act or omi policy condition that substantially and materially increases the hazard insured agai subsequent to inception of the current policy period ion or a violation of any st and which occurred 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 Required pursuant to a determination by the Superintendent that continuation of our present premium volume would Jjeopardize our solvency or be hazardous to the interest of our policyholders our creditors or the public or 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. If we cancel for reason b. 1 above written notice of cancellation will be given to you at least 15 days before the effective date of cancellation. Written notice of cancellation for reason b. 1 will include the premium amount due. If U UMB309 B NY 022007 Includes copyrighted material of Insurance services Office Inc. with its permission Page 1 of 3 Copyright Insurance Services Office Inc. 1994 Includes copyrighted material of Insurance services Office Inc. with its perm Copyright Insurance Services Office Inc. 1994 | 2 |
we cancel for one or more of the reasons b. 2 through b. 7 above written notice of cancellation will be given to you at least 60 days before the effective date of cancellation. We will mail or deliver our notice including the reason to you at the address shown in the policy and the authorized agent or broker. If this policy is canceled we will send you any premium refund due. If we cancel the refund will be pro rata. If you cancel the refund may be less than pro rata. 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 offered a refund. B. The following CONDITIONS are added and supersede any other provisions to the contrary 1 Nonrenewal If we decide not to renew this policy we will send notice as provided in paragraph 3. below along with the reason for nonrenewal. Conditional Renewal If we condition renewal of this policy upon a. b. Change of limits Change in type of coverage Reduction of coverage Increased deductible Addition of exclusion or Increased premiums in excess of 10 exclusive of any premium increase due to and commensurate with insured value added or as a result of experience rating retrospective rating or audit We will send notice as provided in paragraph 3. below. 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 you at least 60 but not more than 120 days before 1 The expiration date or 2 The anniversary date if this is a continuous policy. Notice will be mailed or delivered to you at the address shown in the policy and the authorized agent or broker. If notice is mailed proof of mailing will be sufficient proof of notice. 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. If we send you a late conditional renewal notice or a late nonrenewal notice 1 As provided for in paragraph B. 3. above 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 you during this 60 day period replace the coverage or elect to cancel sooner. 2 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 required policy period at the lower of the current rates or the prior period s rates unless you during this additional required policy period replace the coverage or elect to cancel sooner. The aggregate Limits of Insurance as shown in the Declarations of this policy will be increased in proportion to any policy extension provided in accordance with paragraph B. 3. d. above. The last sentence of SECTION IL LIMITS OF INSURANCE paragraph D. does not apply when the policy period is extended because we sent you an incomplete or late conditional renewal notice or a late nonrenewal notice. U UMB309 B NY 022007 Page 2 of 3 | 2 |
Signed by Authorized Representative Date U UMB309 B NY 022007 Page 3 of 3 | 2 |
Z ZURICH Product Recall 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 SECTION IV. EXCLUSIONS Exclusion C. 7. PRODUCT RECALL is deleted in its entirety. The following exclusion is added to SECTION IV. EXCLUSIONS paragraph A.. PRODUCT RECALL Under Coverage A and Coverage B this policy does not apply to 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 1. Your product 2. Your work or 3. Impaired property If such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. Signed by Authorized Representative Date U UMB226 B CW 72003 Page 1 of 1 | 2 |
Professional Liability 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 ALES Group USA Inc. 60 East 42nd Street 54th New York NY 10165 FL 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 Under Coverage A and Coverage B this policy does not apply to any liability damage loss cost or expense arising out of any breach of duty negligent act error misstatement or omission of any insured or any person for whom the insured is legally sional service. responsible in the rendering of or failure to render any profet This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the liability damage loss cost or ional service. expense involved the rendering of or failure to render any prof All other terms conditions provisions and exclusions of this policy remain the same. U UMB228 D CW 0114 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Silica or Silica Mixed Dust Injury Exclusion 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 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Silica or Silica Mixed Dust Injury Exclusion iling Address FL Under Coverage A and Coverage B this policy does not apply to 1. Bodily injury or personal and advertising injury caused directly or indirectly by the actual alleged or threatened inhalation ingestion absorption existence of or presence of silica. 2. Loss costs or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any manner responding to or assessing the effects of silica by any insured or by any other person or entity. 2. For the purposes of this exclusion the following definition applies Silica means a. Any form of crystalline or non crystalline amorphous silica silica particles silica compounds silica dust or silica mixed or combined with dust or other particles or lica flour. b. Synthetic silica including precipitated silica silica gel pyrogenic or fumed Signed by Authorized Representative Date U UMB515 A CW 0305 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permi | 2 |
Z ZURICH Certified Acts of Terrorism Exclusion Coverages A B 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. Exclusion of Certified Acts of Terrorism Under Coverage A and Coverage B this policy does not apply to any liability damage loss cost or expense arising directly or indirectly out of a certified act of terrorism including any action taken in hindering or defending against an actual or expected certified act of terrorism. This exclusion applies regardless of any other cause or event that contributes concurrently or in any sequence to the injury or damage. B. Definition of Certified Act of Terrorism As used in this endorsement and for purposes of applicability to both Coverage A and Coverage B 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 TRIA to be an act of terrorism. TRIA provides that the Secretary of Treasury shall certify an act of terrorism 1. To be an act of terrorism 2. Tobe a violent act or an act that is dangerous to human life property or infrastructure 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 5.000000. All other terms and conditions of this policy remain unchanged. U UMB400 C CW 0115 Page 10f 2 Copyright 2015 Zurich American Insurance Company Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Z ZURICH Certified Acts of Terrorism Exclusion Coverages A B 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. Exclusion of Certified Acts of Terrorism Under Coverage A and Coverage B this policy does not apply to any liability damage loss cost or expense resulting from a certified act of terrorism including any action taken in hindering or defending against an actual or expected certified act of terrorism. Definition of Certified Act of Terrorism As used in this endorsement and for purposes of applicability to both Coverage A and Coverage B 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 TRIA to be an act of terrorism. TRIA provides that the Secretary of Treasury shall certify an act of terrorism 1. To be an act of terrorism 2. Tobe a violent act or an act that is dangerous to human life property or infrastructure 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. All other terms and conditions of this policy remain unchanged. U UMB408 C MU 0115 Page 10f 2 Copyright 2015 Zurich American Insurance Company Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Z ZURICH New York Certified Acts of Terrorism Exclusion Coverages A B 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. Exclusion of Certified Acts of Terrorism Under Coverage A and Coverage B this policy does not apply to any liability damage loss cost or expense arising directly or indirectly out of a certified act of terrorism. This exclusion applies regardless of any other cause or event that contributes concurrently or in any sequence to the injury or damage. B. Definition of Certified Act of Terrorism As used in this endorsement and for purposes of applicability to both Coverage A and Coverage B 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 TRIA to be an act of terrorism. TRIA provides that the Secretary of Treasury shall certify an act of terrorism 1. To be an act of terrorism 2. To be a violent act or an act that is dangerous to human life property or infrastructure 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. All other terms and conditions of this policy remain unchanged. U UMB436 C NY 0115 Page 10f 2 Copyright 2015 Zurich American Insurance Company Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Z ZURICH Virginia Certified Acts of Terrorism Exclusion Coverages A B 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 FL New York NY 10165 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. A. Exclusion of Certified Acts of Terrorism Under Coverage A and Coverage B this policy does not apply to any liability damage loss cost or expense arising directly or indirectly out of a certified act of terrorism. B. Definition of Certified Act of Terrorism As used in this endorsement and for purposes of applicability to both Coverage A and Coverage B 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 TRIA to be an act of terrorism. TRIA provides that the Secretary of Treasury shall certify an act of terrorism 1. To be an act of terrorism 2. Tobe a violent act or an act that is dangerous to human life property or infrastructure 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 Lockton Companies LLC 444 W 47th St Ste 900 Kansas City MO 64112 1906 States or to influence the policy or affect the conduct of the United States Government by coercion. For an act to be certified the act must result in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to TRIA. However 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. Address All other terms and conditions of this policy remain unchanged. U UMB518 C VA 0115 Page 10f 2 Copyright 2015 Zurich American Insurance Company Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Total Pollution 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 FL New York NY 10165 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. Exclusions B. POLLUTION under Coverage A and C. 6. POLLUTION under Coverage B of Section IV. EXCLUSIONS are deleted and replaced by the following Under Coverage A and Coverage B 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 existence discharge seepage migration dispersal release or escape of pollutants. 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 b. Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. U UMB524 B CW 0310 Page 1of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Transmissible Spongiform Encephalopathies and Foot and Mouth Disease Exclusion Transmissible Spongiform Encephalopathies and Foot and Mouth Disease 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. Under Coverage A and Coverage B this policy does not apply to 1. Any liability damage loss cost or expense arising out of resulting from caused by or contributed to a. Transmissible Spongiform Encephalopathies hereinafter referred to as TSE including but not limited to Bovine Spongiform Encephalopathy BSE or new variant Creutzfeld Jakpb Disease vCID b. Foot and Mouth Disease hereinafter referred to as FMD. Exposure to TSE andor FMD or d. Exposure to any item that is known or suspected to cause contribute to or enable TSE andor FMD 2. The costs of inspection abatement mitigation removal or disposal of feed feed additives or animals or of any premises or equipment handling such items as a result of any known or suspected connection between such items and TSE andor FMD or 3. Any costs related to a person s abatement mitigation or removal of or testing medical monitoring medical costs or cure for TSE andor FMD. This exclusion also includes 1 Any supervision instructions recommendations warnings or advice given or which should have been given in connection with the above and 2 Any obligation to share damages with or repay someone else who must pay damages because of such injury or damage. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. iling Address FL Signed by Authorized Representative Date U UMB648 A CW 0408 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Uninsured Underinsured Motorist Liability Selection Rejection of Coverage Commercial Lines Umbrella Excess Liability Z U Rl C H Attention Applicable only in the states of Indiana South Dakota and West Virginia. When you sign this form you may be electing not to purchase certain valuable coverage. Please read the following carefully. Named Insured ALES Group USA Inc. Policy number AUC 3793107 08 Company American Guarantee Liability Insurance Explanation of Underinsured Underinsured Motorist Coverage The laws in the above noted states require that all Umbrella Liability policies shall offer protection against Uninsured and Under insured Motorists in an amount not less than the limit of Bodily Injury Liability provided by the policy unless the Named Insured shall reject such coverage. Uninsured Motorist Coverage provides protection for bodily injury sickness or disease including death for the protection of insureds thereunder who are legally entitled to recover from owners of uninsured motor vehicles because of bodily injury sickness or disease including death suffered by any person under the policy. Underinsured Motorist Coverage provides protection for insureds thereunder for bodily injury sickness or disease including death suffered by any person insured under the policy where the limits of coverage available for payment to the insured under all bodily injury liability bonds and insurance policies covering persons liable to the insured are less than the limits for the insured s uninsured motorist coverage. Any selection rejection of coverage indicated in this form will be carried forward on all renewals first Named Insured advises the Company in writing of an alternate selection. ssued by the Company unless the In accordance with the above mentioned laws I have been given the opportunity to select or reject Uninsured and Under insured Motorists Coverage and have chosen per the following please mark an X in the box of your choice THEREBY REJECT PROTECTION AGAINST EXCESS UNINSURED UNDERINSURED MOTORISTS COVERAGE ENTIRELY. I HEREBY ACCEPT EXCESS UNINSURED UNDERINSURED MOTORISTS COVERAGE AT LIMITS EQUAL TO THE LIMIT OF BODILY INJURY LIABILITY OF THE POLICY IN ALL STATES NOTED ABOVE. I HEREBY ACCEPT EXCESS UNINSURED UNDERINSURED MOTORISTS COVERAGE AT LIMITS EQUAL TO THE LIMIT OF BODILY INJURY LIABILITY OF THE POLICY ONLY IN THE FOLLOWING STATES 1 signature of Authorized Representative of first Named Insured attest that I have secured the consent of all Named Insureds provided coverage under the referenced policy to select the offer of excess Uninsured and Underinsured Motorist Coverage on their behalf. Name Title Date Uninsured Underinsured Motorist Liability Selection Rejection of Coverage Commercial Lines Umbrella Excess Liability Date U UMB453 A MU 072003 Page I of 1 | 2 |
Welding Health Hazard 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 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Producer Lockton Companies LLC 444 W 47th St Ste 900 Kansas City MO 64112 1906 Under Coverage A and Coverage B this policy does not apply to bodily injury caused directly or indirectly by the actual alleged or threatened inhalation ingestion absorption or exposure to harmful fumes or gases caused by welding materials and equipment used in connection with the process of welding or fusing together of any metals or other materials. For the purposes of this exclusion welding materials and equipment means 1. Welding machinery or other welding process equipment Welding rods 2 3. Electrodes or 4 Any consumable products including but not limited to wires fluxes coatings or cleaning agents. iling Address FL Signed by Authorized Representative Date U UMB489 A CW 062004 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permi | 2 |
ZURICH SANCTIONS EXCLUSION ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY The following exclusion is added to the policy to which it is attached and supersedes any existing sanctions language in the policy whether included in an Exclusion Section or otherwise SANCTIONS EXCLUSION Notwithstanding any other terms under this policy we shall not provide coverage nor will we make any payments or provide any service or benefit to any insured beneficiary or third party who may have any rights under this policy to the extent that such cover payment service benefit or any business or activity of the insured would violate any applicable trade or economic sanctions law or regulation. The term policy may be comprised of common policy terms and conditions the declarations notices schedule coverage parts insuring agreement application enrollment form and endorsements or riders if any for each coverage provided. Policy may also be referred to as contract or agreement. We may be referred to as insurer underwriter we us and our or as otherwise defined in the policy and shall mean the company providing the coverage. Insured may be referred to as policyholder named insured covered person additional insured or claimant or as otherwise defined in the policy and shall mean the party person or entity having defined rights under the policy. These definitions may be found in various parts of the policy and any applicable riders or endorsements. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED U GU1191 A CW 0315 Page 1 of 1 | 2 |
GERLING HDI GERLING AMERICA INSURANCE COMPANY AN ILLINOIS CORPORATION 161 NORTH CLARK STREET 48 Floor CHICAGO IL 60601 312 580 1900 COMMERCIAL LINES POLICY FOR DECHRA VETERINARY PRODUCTS CUD12626 00 10072013 11012014 Underwriting Team Tanya Valencia Halilo Underwriter Michele Roach Underwriting Assistant Jim Clark Chief Underwriting Officer Loss Notification To report a claim 24 hours a day 7 days a week please contact us as soon as practicable for further assistance Telephone 1 866 484 2053 Fax 1 866 477 8502 Email newclaimshdigaic.com IL SU 4003 12 12 Page 1 of 2 | 2 |
POLICY JACKET DECLARATIONS PAGE FORMS AND ENDORSEMENTS COMPLETE THIS POLICY In Witness Whereof we have caused this policy to be executed and attested and if required by state law this policy shall not be valid unless countersigned by our authorized representative. President CEO Dr. Lothar Becker DIe o Corporate Secretary David Neumeister IL SU 4003 12 12 Page 2 of 2 | 2 |
HDI GERLING AMERICA INSURANCE COMPANY COMMERCIAL UMBRELLA LIABILITY DECLARATIONS PAGE POLICY NUMBER CUD12626 00 PRIOR POLICY NUMBER New This policy is CLAIMS MADE if this box is checked D NAMED INSURED AND MAILING ADDRESS Dechra Veterinary Products 7015 College Blvd. Suite 525 Overland Park KS 66211 PRODUCER AND MAILING ADDRESS Lockton Companies LLC 444 West 47 Street Suite 900 Kansas City MO 64112 THE NAMED INSURED IS Individual Partnership Joint Venture Limited Liability Company X Organization including a corporation But not including a Partnership Joint Venture or Limited Liability Company Business Description Manufacturers and Distributors of veterinary and animal health products. COMPANY NAME AND ADDRESS HDI Gerling America Insurance Company 161 North Clark Street 48 Floor Chicago IL 60601 POLICY PERIOD FROM 10072013 TO 11012014 1201 A.M. Standard Time at your mailing address. RETROACTIVE DATE Applicable to Claims Made Coverage Only LIMITS OF INSURANCE EACH OCCURRENCE LIMIT 5000000 PERSONAL ADVERTISING INJURY LIMIT 5000000 Any one person or organization AGGREGATE LIMIT 5000000 OTHER RETAINED LIMIT SELF INSURED RETENTION 25.000 MINIMUM RETENTION 25000 FORMS AND ENDORSEMENTS APPLICABLE TO THIS COVERAGE PART PREMIUM Advance Premium 23142. Terrorism Risk Insurance Act Rejected State Taxes or Surcharges Total Advance Premium 23142. Minimum Premium 23142 Flat or Adjustable Flat LIMIT ISING INJURY LIMIT 23142. Minimum Premium 23142 Rejected Flat or Adjustable Flat 23142 COUNTERSIGNED 11152013 BY Date Authorized Rep. Page 1 of 1 CU SU 2001 08 11 | 2 |
HDI GERLING AMERICA INSURANCE COMPANY COMMERCIAL UMBRELLA LIABILITY SCHEDULE OF UNDERLYING INSURANCE POLICY NUMBER CUD12626 00 NAMED INSURED Dechra Veterinary Products POLICY PERIOD From 10072013 To 11012014 Underlying Insurer Policy Number Underlying Policy Period Insurance Limits of Insurance Carrier HDI Gerling America Ins. General Each Occurrence Limit 1000000 Co. Liability Personal and Advertising Injury 1000000 Policy No. GLD12616 00 General Aggregate Limit 2000000 Products Completed From 10072013 To 11012014 Operations Aggregate Limit 1000000 Carrier HDI Gerling America Ins. Automobile Combined Bodily Injury Property Damage Co. Liability Each Accident Limit 1000000 Policy No. GLD12616 00 Hired and or Non Owned only Bodily Injury Each Person Limit From 10072013 To 11012014 Each Accident Limit Property Damage Each Person Limit Carrier Employers Bodily Injury By Accident Liability Each Accident Limit Policy No. Bodily Injury by Disease Each Employee Limit From To Policy Limit Carrier Employers Bodily Injury By Accident Liability Each Accident Limit Policy No. Bodily Injury by Disease Each Employee Limit From To Policy Limit If additional room is needed use Commercial Umbrella Liability Schedule of Underlying Insurance CU SU 2002A 12 07 Co. olicy No. GLD12616 00 Co. olicy No. GLD12616 00 rom 10072013 To 11012014 olicy No. olicy No. CU SU 2002 12 07 | 2 |
CU SU 2003 12 07 HDI GERLING AMERICA INSURANCE COMPANY COMMERCIAL UMBRELLA LIABILITY DECLARATIONS CUD12626 00 EXTENSION SCHEDULE FOR DECHRA VETERINARY PRODUCTS Policy Number HDI GERLING AMERICA INSURANCE COMPANY POLICY JACKET COMMERCIAL UMBRELLA LIABILITY DECLARATIONS PAGE COMMERCIAL UMBRELLA LIABILITY SCHEDULE OF UNDERLYING INSURANCE EXTENSION SCHEDULE COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM COMMERCIAL UMBRELLA LIABILITY COVERAGE FORM AMENDATORY ENDORSEMENT INCLUDES AIRCRAFT PRODUCTS AND AIRCRAFT GROUNDING HAZARDS ASBESTOS NEW ENTITIES AND UNINSURED UNDERINSURED MOTORIST EXCLUSIONS. ALSO INCLUDES KNOWLEDGE AND NOTICE OF OCCURRENCE AND UNINTENTIONAL FAILURE TO DISCLOSE. BATCH ENDORSEMENT LEAD EXCLUSION KANSAS CHANGES KANSES CHANGES CANCELLATION AND NONRENEWAL EXCLUSION INTERCOMPANY PRODUCTS SUITS NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT FUNGI OR BACTERIA EXCLUSION EXCLUSION OF CERTIFIED ACTS OF TERRORISM AND EXCLUSION OF OTHER ACTS OF TERRORISM COMMITTED OUTSIDE THE UNITED STATES AMENDMENT OF INSURED CONTRACT DEFINITION COMMON POLICY CONDITIONS ECONOMIC OR TRADE SANCTIONS OFAC ADVISORY NOTICE TO POLICYHOLDERS CLINICAL TRIALS EXCLUSION NON FDA APPROVED PRODUCTS EXCLUSION IL SU 4003 12 12 CU sU 2001 08 11 CU SU 2002 12 07 CU SU 2003 12 07 CU 0001 04 13 CU AM 2001 12 07 CU AM 2002 12 07 CUEX 2016 1207 CU 01330413 CU 02 10 09 00 CU 210804 13 CU 21230202 CU 21271204 CU 213506 08 CU 243004 13 IL0017 1198 IL AM 4001 10 11 IL P 001 01 04 MANUSCRIPT ENDORSEMENT MANUSCRIPT ENDORSEMENT Page 1 of 1 CU SU 2003 12 07 | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 00010413 COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section I Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay on behalf of the insured the ultimate net loss in excess of the retained limit because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking damages for such bodily injury or property damage when the underlying insurance does not provide coverage or the limits of underlying insurance have been exhausted. When we have no duty to defend we will have the right to defend or to participate in the defense of the insured against any other suit seeking damages to which this insurance may apply. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. At our discretion we may investigate any occurrence that may involve this insurance and settle any resultant claim or suit for which we have the duty to defend. But 1 The amount we will pay for the ultimate net loss is limited as described in Section Il Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B.. This insurance applies to bodily injury or property damage that is subject to an applicable retained limit. If any other limit such as a sublimit is specified in the underlying insurance this insurance does not apply to bodily injury or property damage arising out of that exposure unless that limit is specified in the Declarations under the Schedule of underlying insurance. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory The bodily injury or property damage occurs during the policy period and Prior to the policy period no insured listed under Paragraph 1.a. of Section Il Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any 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. 2 3. 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 insured listed under Paragraph 1.a. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. CU 00010413 Insurance Services Office Inc. 2012 Page 10f 18 | 0 |
e. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1.a. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other 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. f. Damages because of bodily injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury.. Exclusions This insurance does not apply to a. Expected Or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. b. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorneys fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and b Such attorneys 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. c. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in a 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 1 2 or 3 above. However this exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. For the purposes of this exclusion 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 not by itself considered the business of selling serving or furnishing alcoholic beverages. This exclusion does not apply to the extent that valid underlying insurance for the liquor liability risks described above exists or would have existed but for the exhaustion of underlying limits for bodily injury and property damage. To the extent this exclusion does not apply the insurance provided under this Coverage Part for the liquor liability risks described above will follow the same provisions exclusions and limitations that are contained in the applicable underlying insurance unless otherwise directed by this insurance. b Page 2 of 18 Insurance Services Office Inc. 2012 CuU00010413 | 1 |
d. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. e. 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. Auto Coverages 1 Bodily injury or property damage arising out of the ownership maintenance or use of any auto which is not a covered auto or 2 Any loss cost or expense payable under or resulting from any first party physical damage coverage no fault law personal injury protection or auto medical payments coverage or uninsured or underinsured motorist law. g. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. With respect to injury arising out of a covered auto this exclusion does not apply to bodily injury to domestic employees not entitled to workers compensation benefits. For the purposes of this insurance a domestic employee is a person engaged in household or domestic work performed principally in connection with a residence premises. This exclusion does not apply to the extent that valid underlying insurance for the employer s liability risks described above exists or would have existed but for the exhaustion of underlying limits for bodily injury. To the extent this exclusion does not apply the insurance provided under this Coverage Part for the employer s liability risks described above will follow the same provisions exclusions and limitations that are contained in the applicable underlying insurance unless otherwise directed by this insurance. h. Employment related Practices Bodily injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whom any of the employment related practices described in Paragraph a b or c above is directed. This exclusion applies whether the injury causing event described in Paragraph a b or c above occurs before employment during employment or after employment of that person. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. i. Pollution 1 Bodily injury or property damage which would not have occurred in whole or part but for the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time or 2 Pollution cost or expense. CU 00010413 Insurance Services Office Inc. 2012 Page 30f 18 | 1 |
This exclusion does not apply if valid underlying insurance for the pollution liability risks described above exists or would have existed but for the exhaustion of underlying limits for bodily injury and property damage. To the extent this exclusion does not apply the insurance provided under this Coverage Part for the pollution risks described above will follow the same provisions exclusions and limitations that are contained in the applicable underlying insurance unless otherwise directed by this insurance. j Aircraft Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft or 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 if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than 50 feet long and b Not being used to carry persons or property for a charge 3 Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft 4 The extent that valid underlying insurance for the aircraft or watercraft liability risks described above exists or would have existed but for the exhaustion of underlying limits for bodily injury or property damage. To the extent this exclusion does not apply the insurance provided under this Coverage Part for the aircraft or watercraft risks described above will follow the same provisions exclusions and limitations that are contained in the underlying insurance unless otherwise directed by this insurance or 5 Aircraft that is a Chartered by loaned to or hired by you with a paid crew and b Not owned by any insured.. Racing Activities Bodily injury or property damage arising out of the use of mobile equipment or autos in or while in practice for or while being prepared for any prearranged professional or organized racing speed demolition or stunting activity or contest.. War Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these.. Damage To Property Property damage to 1 Property a You own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property or b Owned or transported by the insured and arising out of the ownership maintenance or use of a covered auto. 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you 4 Personal property in the care custody or control of the insured 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 3 5 Page 4 of 18 Insurance Services Office Inc. 2012 CuU00010413 | 1 |
6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 1b 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraphs 3 and 4 of this exclusion do not apply to liability assumed under a written Trailer Interchange agreement. Paragraph 6 of this exclusion does not apply to 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.. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use.. Recall Of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it.. Personal And Advertising Injury Bodily injury arising out of personal and advertising injury.. Professional Services Bodily injury or property damage due to rendering of or failure to render any professional service. This includes but is not limited to 1 Legal accounting or advertising services 2 Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings or specifications Inspection supervision quality control architectural or engineering activities done by or for you on a project on which you serve as construction manager Engineering services including related supervisory or inspection services Medical surgical dental X ray or nursing services treatment advice or instruction Any health or therapeutic service treatment advice or instruction Any service treatment advice or instruction for the purpose of appearance or skin enhancement hair removal or replacement or personal grooming or therapy Any service treatment advice or instruction relating to physical fitness including service treatment advice or instruction in connection with diet cardiovascular fitness bodybuilding or physical training programs Optometry or optical or hearing aid services including the prescribing preparation fitting demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices 10 Body piercing services 11 Services in the practice of pharmacy 12 Law enforcement or firefighting services and 13 Handling embalming disposal burial cremation or disinterment of dead bodies. 3 4 5 6 8 9 CU 00010413 Insurance Services Office Inc. 2012 Page 50f 18 | 1 |
This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the rendering of or failure to render any professional service. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. However this exclusion does not apply to liability for damages because of bodily injury. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. This exclusion does not apply if valid underlying insurance for the electronic data risks described above exists or would have existed but for the exhaustion of underlying limits for bodily injury and property damage. The insurance provided under this Coverage Part will follow the same provisions exclusions and limitations that are contained in the applicable underlying insurance unless otherwise directed by this insurance.. Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or 4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay on behalf of the insured the ultimate net loss in excess of the retained limit because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking damages for such personal and advertising injury when the underlying insurance does not provide coverage or the limits of underlying insurance have been exhausted. When we have no duty to defend we will have the right to defend or to participate in the defense of the insured against any other suit seeking damages to which this insurance may apply. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. At our discretion we may investigate any offense that may involve this insurance and settle any resultant claim or suit for which we have the duty to defend. But 1 The amount we will pay for the ultimate net loss is limited as described in Section Il Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to personal and advertising injury that is subject to an applicable retained limit. If any other limit such as a sublimit is specified in the underlying insurance this insurance does not apply to personal and advertising injury arising out of that exposure unless that limit is specified in the Declarations under the Schedule of underlying insurance. c. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. Page 6 of 18 Insurance Services Office Inc. 2012 CuU00010413 | 1 |
2. Exclusions This insurance does not apply to a. Personal and advertising injury 1 Knowing Violation Of Rights Of Another 2 3 4 5 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. Material Published With Knowledge Of Falsity Arising out of oral or written publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity. Material Published Prior To Policy Period Arising out of oral or written publication in any manner of material whose first publication took place before the beginning of the policy period. Criminal Acts Arising out of a criminal act committed by or at the direction of the insured. Contractual Liability For which the insured has assumed liability in a contract or agreement. This exclusion does not apply to a Liability for damages that the insured would have in the absence of the contract or agreement. b Liability for false arrest detention or imprisonment assumed in a contract or agreement. 6 Breach Of Contract Arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement. Quality Or Performance Of Goods Failure To Conform To Statements Arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement. Wrong Description Of Prices Arising out of the wrong description of the price of goods products or services stated in your advertisement. 9 Infringement Of Copyright Patent Trademark Or Trade Secret Arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. Under this exclusion such other intellectual property rights do not include the use of another s advertising idea in your advertisement. However this exclusion does not apply to infringement in your advertisement of copyright trade dress or slogan. 10 Insureds In Media And Internet Type Businesses Committed by an insured whose business is a Advertising broadcasting publishing or telecasting b Designing or determining content of web sites for others or c An Internet search access content or service provider. However this exclusion does not apply to Paragraphs 14.a. b. and c. of personal and advertising injury under the Definitions section. For the purposes of this exclusion the 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. 11 Electronic Chatrooms Or Bulletin Boards Arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control. 12 Unauthorized Use Of Another s Name Or Product 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. 13 Pollution Arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. CU 00010413 Insurance Services Office Inc. 2012 Page 7 of 18 | 1 |
14 Employment related Practices To a A person arising out of any i Refusal to employ that person ii Termination of that person s employment or iii Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at that person or b The spouse child parent brother or sister of that person as a consequence of personal and advertising injury to that person at whom any of the employment related practices described in Paragraph i i or iii above is directed. This exclusion applies whether the injury causing event described in Paragraph i i or above occurs before employment during employment or after employment of that person. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. 15 Professional Services Arising out of the rendering of or failure to render any professional service. This includes but is not limited to a Legal accounting or advertising services b Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings or specifications Inspection supervision quality control architectural or engineering activities done by or for you on a project on which you serve as construction manager Engineering services including related supervisory or inspection services e Medical surgical dental X ray or nursing services treatment advice or instruction c d f Any health or therapeutic service treatment advice or instruction g Any service treatment advice or instruction for the purpose of appearance or skin enhancement hair removal or replacement or personal grooming or therapy h Any service treatment advice or instruction relating to physical fitness including service treatment advice or instruction in connection with diet cardiovascular fitness bodybuilding or physical training programs i Optometry or optical or hearing aid services including the prescribing preparation fitting demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices j Body piercing services k Services in the practice of pharmacy I Law enforcement or firefighting services and m Handling embalming disposal burial cremation or disinterment of dead bodies. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the offense which caused the personal and advertising injury involved the rendering of or failure to render any professional service. 16 War However caused 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 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. c Page 8 of 18 Insurance Services Office Inc. 2012 CuU00010413 | 1 |
17 Recording And Distribution Of Material Or Information In Violation Of Law 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 c The Fair Credit Reporting Act FCRA and any amendment of 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. b. Pollution cost or expense. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend when the duty to defend exists a. All expenses we incur. b. Up to 2000 for cost of bail bonds including bonds for related traffic law violations required because of an occurrence we cover. We do not have to furnish these bonds. c. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 250 a day because of time off from work. e. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance.. When we have the right but not the duty to defend the insured and elect to participate in the defense we will pay our own expenses but will not contribute to the expenses of the insured or the underlying insurer.. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract b. This insurance applies to such liability assumed by the insured c. The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract d. The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and f. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit Notify any other insurer whose coverage is available to the indemnitee and b c CU 00010413 Insurance Services Office Inc. 2012 Page 9 of 18 | 1 |
d Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of Section Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHO IS AN INSURED 1. Except for liability arising out of the ownership maintenance or use of covered autos a. If you are designated in the Declarations as 1 An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. 2 A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. 3 A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. 4 An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. 5 A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. b. Each of the following is also an insured 1 Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for a Bodily injury or personal and advertising injury i To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a co employee in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business ii To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph ai above or iii For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph ai or ii above. b Property damage to property i Owned occupied or used by ii Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. 2 Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. Page 10 of 18 Insurance Services Office Inc. 2012 CuU00010413 | 1 |
3 Any person or organization having proper temporary custody of your property if you die but only a With respect to liability arising out of the maintenance or use of that property and b Until your legal representative has been appointed. 4 Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this Coverage Part. c. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However 1 Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. 2. Only with respect to liability arising out of the ownership maintenance or use of covered autos a. You are an insured. b. Anyone else while using with your permission a covered auto you own hire or borrow is also an insured except 1 The owner or anyone else from whom you hire or borrow a covered auto. This exception does not apply if the covered auto is a trailer or semitrailer connected to a covered auto you own. Your employee if the covered auto is owned by that employee or a member of his or her household. Someone using a covered auto while he or she is working in a business of selling servicing repairing parking or storing autos unless that business is yours. 2 3 2 3 4 Anyone other than your employees partners if you are a partnership members if you are a limited liability company or a lessee or borrower or any of their employees while moving property to or from a covered auto. A partner if you are a partnership or a member if you are a limited liability company for a covered auto owned by him or her or a member of his or her household. Employees with respect to bodily injury to a Any fellow employee of the insured arising out of and in the course of the fellow employee s employment or while performing duties related to the conduct of your business or b The spouse child parent brother or sister of that fellow employee as a consequence of Paragraph a above. c. Anyone liable for the conduct of an insured described above is also an insured but only to the extent of that liability. 3. Any additional insured under any policy of underlying insurance will automatically be an insured under this insurance. Subject to Section Il Limits Of Insurance if coverage provided to the additional insured is required by a contract or agreement the most we will pay on behalf of the additional insured is the amount of insurance a. Required by the contract or agreement less any amounts payable by any underlying insurance or b. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. Additional insured coverage provided by this insurance will not be broader than coverage provided by the underlying insurance. No person or organization is an insured with respect 5 6 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. CU 00010413 Insurance Services Office Inc. 2012 Page 11 0of 18 | 1 |
SECTION Il LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made suits brought or number of vehicles involved or c. Persons or organizations making claims or bringing suits.. The Aggregate Limit is the most we will pay for the sum of all ultimate net loss under a. Coverage A except ultimate net loss because of bodily injury or property damage arising out of the ownership maintenance or use of a covered auto and b. Coverage B.. Subject to Paragraph 2. above the Each Occurrence Limit is the most we will pay for the sum of all ultimate net loss under Coverage A because of all bodily injury and property damage arising out of any one occurrence.. Subject to Paragraph 2. above the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all ultimate net loss because of all personal and advertising injury sustained by any one person or organization.. If there is underlying insurance with a policy period that is nonconcurrent with the policy period of this Commercial Liability Umbrella Coverage Part the retained limits will only be reduced or exhausted by payments for a. Bodily injury or property damage which occurs during the policy period of this Coverage Part or b. Personal and advertising injury for offenses that are committed during the policy period of this Coverage Part. However if any underlying insurance is written on a claims made basis the retained limits will only be reduced or exhausted by claims for that insurance that are made during the policy period or any Extended Reporting Period of this Coverage Part. The Aggregate Limit as described in Paragraph 2. above applies separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. SECTION IV CONDITIONS 1. Appeals If the underlying insurer or insured elects not to appeal a judgment in excess of the retained limit we may do so at our own expense. We will also pay for taxable court costs pre and postjudgment interest and disbursements associated with such appeal. In no event will this provision increase our liability beyond the applicable Limits of Insurance described in Section Il Limits Of Insurance. 2. Bankruptcy a. Bankruptcy Of Insured Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. b. Bankruptcy Of Underlying Insurer Bankruptcy or insolvency of the underlying insurer will not relieve us of our obligations under this Coverage Part. However this insurance will not replace the underlying insurance in the event of bankruptcy or insolvency of the underlying insurer. This insurance will apply as if the underlying insurance were in full effect. 3. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense regardless of the amount which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. 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 Page 12 of 18 Insurance Services Office Inc. 2012 CuU00010413 | 1 |
2 Authorize us to obtain records and other information Cooperate with us in the investigation or settlement of the claim or defense against the suit and 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. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. 4. Legal Action Against Us No person or organization has a right under this Coverage Part a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. 5. Other Insurance a. This insurance is excess over and shall not contribute with any of the other insurance whether primary excess contingent or on any other basis. This condition will not apply to insurance specifically written as excess over this Coverage Part. When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. b. When this insurance is excess over other insurance we will pay only our share of the ultimate net loss that exceeds the sum of 1 The total amount that all such other insurance would pay for the loss in the absence of the insurance provided under this Coverage Part and 3 4 2 The total of all deductible and self insured amounts under all that other insurance. 6. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first Named Insured. The due date for audit and retrospective premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first Named Insured. c. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. 7. Representations Or Fraud By accepting this policy you agree a. The statements in the Declarations are accurate and complete b. Those statements are based upon representations you made to us c. We have issued this policy in reliance upon your representations and d. This policy is void in any case of fraud by you as it relates to this policy or any claim under this policy. 8. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this 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. 9. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. CU 00010413 Insurance Services Office Inc. 2012 Page 13 of 18 | 1 |
10.When We Do Not Renew If we decide not to renew this Coverage Part we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. 11.Loss Payable Liability under this Coverage Part does not apply to a given claim unless and until a. The insured or insured s underlying insurer has become obligated to pay the retained limit and b. The obligation of the insured to pay the ultimate net loss in excess of the retained limit has been determined by a final settlement or judgment or written agreement among the insured claimant and us. 12.Transfer Of Defense When the underlying limits of insurance have been used up in the payment of judgments or settlements the duty to defend will be transferred to us. We will cooperate in the transfer of control to us of any outstanding claims or suits seeking damages to which this insurance applies which would have been covered by the underlying insurance had the applicable limit not been used up. 13.Maintenance Of Changes To Underlying Insurance Any underlying insurance must be maintained in full effect without reduction of coverage or limits except for the reduction of the aggregate limit in accordance with the provisions of such underlying insurance that results from payment of claims settlement or judgments to which this insurance applies. Such exhaustion or reduction is not a failure to maintain underlying insurance. Failure to maintain underlying insurance will not invalidate insurance provided under this Coverage Part but insurance provided under this Coverage Part will apply as if the underlying insurance were in full effect. If there is an increase in the scope of coverage of any underlying insurance during the term of this policy our liability will be no more than it would have been if there had been no such increase. You must notify us 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. 14.Expanded Coverage Territory a. If a suit is brought in a part of the coverage territory that is outside the United States of America including its territories and possessions Puerto Rico or Canada and we are prevented by law or otherwise from defending the insured the insured will initiate a defense of the suit. We will reimburse the insured under Supplementary Payments for any reasonable and necessary expenses incurred for the defense of a suit seeking damages to which this insurance applies that we would have paid had we been able to exercise our right and duty to defend. If the insured becomes legally obligated to pay sums because of damages to which this insurance applies in a part of the coverage territory that is outside the United States of America including its territories and possessions Puerto Rico or Canada and we are prevented by law or otherwise from paying such sums on the insured s behalf we will reimburse the insured for such sums. b. All payments or reimbursements we make for damages because of judgments or settlements will be made in U.S. currency at the prevailing exchange rate at the time the insured became legally obligated to pay such sums. Al payments or reimbursements we make for expenses under Supplementary Payments will be made in U.S. currency at the prevailing exchange rate at the time the expenses were incurred. c. Any disputes between you and us as to whether there is coverage under this policy must be filed in the courts of the United States of America including its territories and possessions Canada or Puerto Rico. d. The insured must fully maintain any coverage required by law regulation or other governmental authority during the policy period except for reduction of the aggregate limits due to payments of claims judgments or settlements. Failure to maintain such coverage required by law regulation or other governmental authority will not invalidate this insurance. However this insurance will apply as if the required coverage by law regulation or other governmental authority was in full effect. Page 14 of 18 Insurance Services Office Inc. 2012 CuU00010413 | 1 |
SECTION V 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 web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. Auto means a. A land motor vehicle trailer or semitrailer 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 bodily injury disability sickness or disease sustained by a person including death resulting from any of these at any time. Bodily injury includes mental anguish or other mental injury resulting from bodily injury. 4. Coverage territory means anywhere in the world with the exception of any country or jurisdiction which is subject to trade or other economic sanction or embargo by the United States of America. 5. Covered auto means only those autos to which underlying insurance applies. 6. Employee includes a leased worker. Employee does not include a temporary worker. 7. Executive officer means a person holding any of the officer positions created by your charter constitution bylaws or any other similar governing document. 8. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be defective 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 the repair replacement adjustment or removal of your product or your work or your fulfilling the terms of the contract or agreement.. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement c. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement f. That part of any contract or agreement entered into as part of your business pertaining to the rental or lease by you or any of your 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. g. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraphs f. and g. do not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of 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 or 2 CU 00010413 Insurance Services Office Inc. 2012 Page 15 of 18 | 1 |
3 That holds a person or organization engaged in the business of transporting property by auto for hire harmless for your use of a covered auto over a route or territory that person or organization is authorized to serve by public authority. 10.Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. 11.Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. While it is in or on an aircraft watercraft or auto or c. While it is being moved from an aircraft 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. 12.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 f. Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the 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 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. 13.Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. 14.Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecution c. The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person 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. Page 16 of 18 Insurance Services Office Inc. 2012 CuU00010413 | 1 |
15.Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. 16.Pollution cost or expense means any loss cost or expense arising out of any a. Request demand order or statutory or 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 b. Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. 17.Products completed operations hazard a. Includes all bodily injury and property 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. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured or c 2 The existence of tools uninstalled equipment or abandoned or unused materials. 18.Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. With respect to the ownership maintenance or use of covered autos property damage also includes pollution cost or expense but only to the extent that coverage exists under the underlying insurance or would have existed but for the exhaustion of the underlying limits. For the purposes of this insurance with respect to other than the ownership maintenance or use of covered autos electronic data is not tangible property. As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from 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. 19.Retained limit means the available limits of underlying insurance scheduled in the Declarations or the self insured retention whichever applies. 20.Self insured retention means the dollar amount listed in the Declarations that will be paid by the insured before this insurance becomes applicable only with respect to occurrences or offenses not covered by the underlying insurance. The self insured retention does not apply to occurrences or offenses which would have been covered by underlying insurance but for the exhaustion of applicable limits. 21.Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or CU 00010413 Insurance Services Office Inc. 2012 Page 17 of 18 | 1 |
b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent or the underlying insurer s consent. 22.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. 23.Ultimate net loss means the total sum after reduction for recoveries or salvages collectible that the insured becomes legally obligated to pay as damages by reason of settlement or judgments or any arbitration or other alternate dispute method entered into with our consent or the underlying insurer s consent. 24.Underlying insurance means any policies of insurance listed in the Declarations under the Schedule of underlying insurance. 25.Underlying insurer means any insurer who provides any policy of insurance listed in the Schedule of underlying insurance. 26.Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. 27.Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organizaton 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. 28.Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. Page 18 of 18 Insurance Services Office Inc. 2012 CuU00010413 | 1 |
CU AM 2001 12 07 HDI GERLING AMERICA INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL UMBRELLA LIABILITY COVERAGE FORM AMENDATORY ENDORSEMENT THIS ENDORSEMENT AMENDS THE CONDITIONS DEFINITIONS EXCLUSIONS INSURING AGREEMENT LIMITS OF LIABILITY AND WHO IS AN INSURED SECTIONS. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial Umbrella Liability Coverage Form. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY The following wording is added to paragraph 2. Exclusions The following exclusions are added Aircraft Products and Grounding This insurance does not apply to bodily injury or property damage arising out of aircraft products or the grounding of any aircraft. Asbestos 1 Any bodily injury or property damage arising out of or caused by the actual alleged or threatened exposure at any time to an asbestos hazard or 2 Any loss cost or expense arising out of a Any claim or suit b Any request demand or order to test for monitor clean up remove dispose of encapsulate contain treat detoxify or neutralize or in any way respond to or assess the effects of an asbestos hazard or c Any claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing disposing of encapsulating containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of an asbestos hazard. Discrimination Any bodily injury arising out of any alleged or actual discrimination. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY The following exclusions are added Liquor Liability Personal and advertising injury for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. This exclusion does not apply to the extent that valid underlying insurance for the liquor liability risks described above exists or would have existed but for the exhaustion of underlying limits for bodily injury and property damage. Coverage provided will follow the provisions exclusions and limitations of the underlying insurance unless otherwise directed by this insurance. Auto Coverages 1 Personal and advertising injury arising out of the ownership maintenance or use of any auto which is not a covered auto or THIS ENDORSEMENT MUST BE ATTACHED TO A CHANGE ENDORSEMENT WHEN ISSUED AFTER THE POLICY IS WRITTEN. Page 1 0of 4 CU AM 2001 12 07 | 2 |
CU AM 2001 12 07 2 Any loss cost or expense payable under or resulting from any first party physical damage coverage no fault law personal injury protection or auto medical payments coverage or uninsured or underinsured motorist law. Aircraft or Watercraft personal and advertising injury arising out of the ownership maintenance use or entrustment to others of any aircraft or 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 if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 A watercraft you do not own that is a Less than 50 feet long and b Not being used to carry persons or property for a charge 3 Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft. The extent that valid underlying insurance for the aircraft or watercraft liability risks described above exists or would have existed but for the exhaustion of underlying limits for bodily injury or property damage. Coverage provided will follow the provisions exclusions and limitations of the underlying insurance unless otherwise directed by this insurance or 5 Aircraft that is a Chartered by loaned to or hired by you with a paid crew and b Not owned by any insured. 4 Racing Activities personal and advertising injury arising out of the use of mobile equipment or autos in or while in practice for or while being prepared for any prearranged professional or organized racing speed demolition or stunting activity or contest by an insured. Discrimination Any personal and advertising injury arising out of any alleged or actual discrimination. Employers Liability Any personal and advertising injury arising out of injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of paragraph 1 above. This exclusion applies a Whether the insured may be liable as an employer or in any other capacity and b To any obligation to share damages with or repay someone else who must pay damages because of the injury. SUPPLEMENTARY PAYMENTS COVERAGES A AND B Paragraph 1.f. is replaced by 1.f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. However prejudgment interest is not included in defense costs and expenses. SECTION Il WHO IS AN INSURED Paragraph A.1.c. is replaced by c. Any reference to the Named Insured does not include any organization you newly acquire or form after the inception date of this policy. SECTION lll LIMITS OF INSURANCE Paragraph 2. is replaced by 2. The Aggregate Limit is the most we will pay for the sum of all ultimate net loss under a. Coverage A and b. Coverage B. Prejudgment interest awarded against the insured on the part of the judgment we pay. If we make an offer to pay THIS ENDORSEMENT MUST BE ATTACHED TO A CHANGE ENDORSEMENT WHEN ISSUED AFTER THE POLICY IS WRITTEN. Page 2 of 4 CU AM 2001 12 07 | 2 |
CU AM 2001 12 07 At the close of each audit period we will compute the earned premium for that period. Audit premiums are due and payable on notice to the first Named Insured shown in the Declarations. If the sum of the advance and audit premiums paid for the policy term is greater than the earned premium we will return the excess subject to the Minimum Premium to the first Named Insured shown in the Declarations. If the Limits of Insurance of this policy is used up prior to the end of the Policy Period the premium is fully earned. b. If the premium is shown in the Declarations as flat the premium for this policy is not subject to adjustment. c. If the premium is shown in the Declarations as adjustable the premium shown in the Declarations as the Advance Premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period. Audit premiums are due and payable on notice to the first Named Insured shown in the Declarations. If the sum of the advance and audit premiums paid for the policy term is greater than the earned premium we will return the excess subject to the Minimum Premium to the first Named Insured shown in the Declarations. If the Limits of Insurance of this policy is used up prior to the end of the Policy Period the premium is fully earned. d. The first Named Insured shown in the Declarations must keep records of the information we need for premium computation and send us copies at such times as we may request. The following wording is added to Transfer Of Rights Of Recovery Against Others To Us Any recoveries made shall be applied as follows 1 First to reimburse anyone who has paid damages defense costs and expenses and prejudgment interest in excess of our payments 2 Second reimburse us up to the amount we have paid for damages defense costs and expenses and prejudgment interest and 3 Last to reimburse anyone who has paid damages defense costs and expenses and prejudgment interest to which this policy was excess. Our share of the reasonable expenses incurred in securing any recovery shall not exceed the proportion of damages we paid to the total damages paid. the remaining available Limit of Insurance we will not pay any prejudgment interest based on that period of time after the offer. Each payment we make for such damages reduces the Aggregate Limit by the amount of the payment. SECTION IV CONDITIONS The following condition is added Annual Rating If this policy is issued for a period in excess of one year the premium may be revised on each annual anniversary in accordance with our rates and rules in effect at that time. Conformity With Statute Any terms of this policy that are in conflict with the statutes of the state wherein this policy is issued are hereby amended to conform to such statutes if those statutes were in effect prior to the effective date of this policy. The following conditions are replaced in whole or in part Paragraph 3.a. of Section IV Commercial General Liability Conditions Duties In The Event Of Occurrence Offense Claim Or Suit is deleted and replaced by the following You must see to it that we or our authorized representative are notified as soon as practicable of an occurrence or an offense which may result in a claim. You will not be charged with knowledge of an occurrence offense claim or suit unless the person responsible for insurance in your business has been notified of the occurrence offense claim or suit in writing. To the extent possible the notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. Paragraph 6. Premium Audit is replaced by Premium Audit We will compute all premiums for this policy in accordance with our rules and rates. If the premium is shown in the Declarations as flat the premium for this policy is not subject to adjustment. a. If the premium is shown in the Declarations as adjustable the premium shown in the Declarations as the Advance Premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period. Audit premiums are due and payable on notice to the first Named Insured shown in the Declarations. If the sum of the advance and audit premiums paid for the policy term is greater than the earned premium we will return the excess subject to the Minimum Premium to the first Named Insured shown in the Declarations. If the Limits of Insurance of this policy is used up prior to the end of the Policy Period the premium is fully earned. b. If the premium is shown in the Declarations as flat the premium for this policy is not subject to adjustment. c. If the premium is shown in the Declarations as adjustable the premium shown in the Declarations as the Advance Premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period. Audit premiums are due and payable on notice to the first Named Insured shown in the Declarations. If the sum of the advance and audit premiums paid for the policy term is greater than the earned premium we will return the excess subject to the Minimum Premium to the first Named Insured shown in the Declarations. If the Limits of Insurance of this policy is used up prior to the end of the Policy Period the premium is fully earned. d. The first Named Insured shown in the Declarations must keep records of the information we need for premium computation and send us copies at such times as we may request. The following wording is added to Transfer Of Rights Of Recovery Against Others To Us Any recoveries made shall be applied as follows 1 First to reimburse anyone who has paid damages defense costs and expenses and prejudgment interest in excess of our payments 2 Second reimburse us up to the amount we have paid for damages defense costs and expenses and prejudgment interest and 3 Last to reimburse anyone who has paid damages defense costs and expenses and prejudgment interest to which this policy was excess. Our share of the reasonable expenses incurred in securing any recovery shall not exceed the proportion of damages we paid to the total damages paid. THIS ENDORSEMENT MUST BE ATTACHED TO A CHANGE ENDORSEMENT WHEN ISSUED AFTER THE POLICY IS WRITTEN. Page 3 of 4 CU AM 2001 12 07 | 2 |
CU AM 2001 12 07 The following definitions of Section V Defi replaced by Coverage territory means a. The United States of America including its territories and possessions Puerto Rico and Canada b. International waters or airspace provided the injury or damage does not occur in the course of travel or transportation to or from any place not included in a. above or c. Allparts of the world if 1 The injury or damage arises out of a Goods or products made or sold by the Named Insured in the territory described in a. above or b The activities of a person whose home is in the territory described in a. above but is away for a short time on the Named Insured s business and 2 The insured s responsibility to pay damages is determined in a suit on the merits in the territory described in a. above or in a settlement we agree to. Coverage territory does not include any country or jurisdiction which is subject to trade or other economic sanction or embargo by the United States of America. Retained limit means the available limits of underlying insurance listed in the Schedule of Underlying Insurance Form the self insured retention or minimum retention whichever applies. Underlying insurance means any policies of insurance listed in the Schedule of Underlying Insurance Form All other terms and conditions remain unchanged. Any different method of apportioning recoveries and expenses may be used by agreement of all those who paid damage. The following paragraph is added to paragraph 7. of Section IV Commercial Umbrella Liability Conditions Representations or Fraud Failure of the insured to disclose all hazards existing as of the inception date of the policy shall not reduce or negate the insurance afforded by this policy provided such failure or omission was not intentional. SECTION V DEFINITIONS The following definitions are added Aircraft Products means aircraft including missiles or spacecraft and any ground support or control equipment used therewith and any article furnished by the insured and installed in aircraft or used in connection with aircraft or for spare parts for aircraft or tooling used for the manufacture thereof including ground handling tools and equipment and also means training aids instructions manuals blueprints engineering or other data engineering or other advice and services and labor relating to such aircraft or articles. Asbestos means the mineral in any form including the mere presence of asbestos in clothing materials goods products or structures. Grounding means the withdrawal of one or more aircraft from 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 the insured or manufactured assembled or processed by any other person or organization according to specifications plans suggestions orders or drawings of the insured or with tools machinery or other equipment furnished to such persons or organizations by the insured whether such aircraft so withdrawn are owned or operated by the same or different persons or organizations. Minimum retention means the dollar amount shown in the Declarations that applies when the aggregate limit of insurance applicable to underlying insurance has been exhausted by payment of claims or suits. In the event of exhaustion of the aggregate limits of insurance applicable to underlying insurance by payment of claims or suits this insurance will continue in force as underlying insurance subject to the terms and conditions of this insurance and excess of the minimum retention. THIS ENDORSEMENT MUST BE ATTACHED TO A CHANGE ENDORSEMENT WHEN ISSUED AFTER THE POLICY IS WRITTEN. Page 4 of 4 CU AM 2001 12 07 | 2 |
CU AM 2002 12 07 HDI GERLING AMERICA INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BATCH ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM d. With respect to any other injury or damage an accident including continuous or repeated exposure to substantially the same general harmful conditions. All claims arising out of one cause condition event defect or hazard which has affected one or more batches of your products will be considered as one occurrence having taken place at the time when the first occurrence which is covered by this insurance took place. The following definitions are added to Section V Definitions Batch means a quantity of your product produced from one operation. Cause means a. Errors in design b. Errors in the manufacturing process c. Errors in instructions or d. Errors in distribution with the result that 1 Your product is defective or 2 You deliver the wrong product. All other terms and conditions remain unchanged. I. The following is added to paragraph 3. of Section 1Il Limits of Insurance The Each Occurrence Limit in the Declarations is the most we will pay for all occurrences during the policy period arising out of one cause which has affected one batch of your product. Those occurrences will be deemed one occurrence having taken place at the time when the first occurrence took place which is covered under this insurance.. The definition of occurrence of Section V Definitions is deleted and replaced by the following Occurrence means a. With respect to bodily injury or property damage an accident including continuous or repeated exposure to substantially the same general harmful conditions. b. With respect to personal and advertising injury an offense arising out of the Named Insured s business. c. With respect to injury to employees of an insured arising out of and in the course of their employment the accident or disease which causes the injury. THIS ENDORSEMENT MUST BE ATTACHED TO A CHANGE ENDORSEMENT WHEN ISSUED AFTER THE POLICY IS WRITTEN. Page 1 of 1 CU AM 2002 12 07 | 2 |
CU EX 2016 12 07 HDI GERLING AMERICA INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LEAD EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM lead paint or other products containing lead whether or not the lead is or was at any time airborne as a particle contained in a product ingested inhaled transmitted in any fashion or found in any form whatsoever. In addition this exclusion applies to 1 The costs of clean up or removal of lead or products and materials containing lead The cost of such actions as may be necessary to monitor assess and evaluate the release or threat of release of lead or products and material containing lead The cost of disposal of lead substances or the taking of such other action that may be necessary to temporarily or permanently prevent minimize or mitigate damage to the public health or welfare or to the environment which may otherwise result 4 The cost of compliance with any law or regulation regarding lead. 2 c The company does not have any obligation to defend adjust investigate or pay any cost for investigation defense adjustment or attorney fees which are excluded under the terms of this endorsement. All other terms and conditions remain unchanged. The following exclusion is added to paragraph 2. Exclusions of Section Coverages Coverage A Bodily Injury and Property Damage Liability and paragraph 2. Exclusions of Coverage B Personal and Advertising Injury Liability This insurance does not apply to bodily injury property damage or personal and advertising injury for past present or future claims arising in whole or in part either directly or indirectly out of the suspected actual or alleged Manufacture of Distribution of Transportation of Sale of Resale of Re branding of Installation of Repair of Removal of Encapsulation of Abatement of Replacement of. Carried on clothing Handling of Storage of Ingestion of Absorption of Physical exposure to or Testing for RS I EF L RS Page 1 of 1 CU EX 2016 12 07 | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 01330413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KANSAS CHANGES This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART Paragraph d. of the Representations Or Fraud 2 Conceals information concerning any Condition is replaced by the following material fact for the purpose of misleading. d. No payment will be made under this policy if you or any other insured in relation to an insurance application rating claim or coverage under this policy knowingly and with intent to defraud 1 Presents causes to be presented or prepares with knowledge or belief that it will be presented to or by an insurer purported insurer broker or any agent thereof any written statement which such person knows to contain materially false information concerning any material fact or CU 01330413 Insurance Services Office Inc. 2012 Page 1 0of 1 | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 02 10 09 00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KANSAS CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modi fied by the endorsement. A. If you are an individual and a covered auto you own is of the private passenger type and this policy covers fewer than five autos and does not insure the motor vehicle hazard of garages motor vehicle sales agencies repair shops service sta tions or public parking places the Cancellation Common Policy Condition is replaced by the fol lowing ENDING THIS POLICY 1. Cancellation a. You may cancel the policy by mailing or delivering to us advance written notice of cancellation. b. We may cancel this policy by mailing you notice of cancellation. If we cancel for non payment of premium we will mail you at least 10 days notice. If we cancel for any other reason we will mail you at least 30 days written notice. c. When this policy is in effect 60 days or more or is a renewal or continuation policy we may cancel Liability Coverage and Personal Injury Protection only for one or more of the following reasons 1 Nonpayment of premium. 2 Fraudulent misrepresentation in obtain ing this policy. 3 The insured violates any terms or condi tions of the policy. 4 You or any other operator who either resides in the same household or cus tomarily operates a covered auto a Has had his or her driver s license suspended or revoked during the policy period. b Is or becomes subject to epilepsy or heart attacks and can not produce a physician s certificate stating that he or she can operate a motor vehicle safely. Has been convicted during the policy period or 36 months before it for i Any felony or ij Criminal negligence resulting in death homicide or assault aris ing from the operation of a motor vehicle or iii Driving a motor vehicle while intoxicated or under the influence of drugs or iv Leaving the scene of an accident without stopping to report or v Theft of a motor vehicle or vi Making false statements when applying for a driver s license or c 4 You or any other operator who either resides in the same household or cus tomarily operates a covered auto a Has had his or her driver s license suspended or revoked during the policy period. b Is or becomes subject to epilepsy or heart attacks and can not produce a physician s certificate stating that he or she can operate a motor vehicle safely. c Has been convicted during the policy period or 36 months before it for i Any felony or ii Criminal negligence resulting in death homicide or assault aris ing from the operation of a motor vehicle or iii Driving a motor vehicle while intoxicated or under the influence of drugs or iv Leaving the scene of an accident without stopping to report or v Theft of a motor vehicle or vi Making false statements when applying for a driver s license or CU 02 10 09 00 Copyright Insurance Services Office Inc. 2000 Page 10f 3 o | 2 |
vii A third moving violation commit ted within a period of 18 months of i. Any regulation limiting the speed of motor vehicles or ii. Any of the provisions in the motor vehicle laws of any state the violation of which constitutes a misdemeanor or traffic infraction or. Any ordinance traffic infrac tion or ordinance which pro hibits the same acts as a mis demeanor statute of the uniform act regulating traffic on highways whether or not the violations were repetitions of the same offense or were different offenses. 5 We replace this policy with another one providing similar coverages and the same limits for the covered auto. 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. d. Renewal or continuation of this policy does not act as a waiver or estoppel of any rea sons for cancellation which existed before the effective date of renewal or continua tion. e. If this policy is cancelled we will send you any premium refund due. If we cancel the refund will be pro rata. If you cancel the refund may be less than pro rata. The can cellation will be effective even if we have not offered a refund. f. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 2. Nonrenewal a. If we decide not to renew or continue this policy we will mail you written notice at least 30 days before the end of the policy period. b. We may not renew or continue this policy only for one or more of the following rea sons 1 When we are required or have been permitted by the Commissioner of Insur ance in writing to reduce premium vol ume in order to preserve our financial integrity. When we cease to transact such busi ness in this state. When we are able to show competent medical evidence that the insured has a physical or mental disablement that im pairs his or her ability to drive in a safe and reasonable manner. When unfavorable underwriting factors pertinent to the risk are existent and of a substantial nature which could not have reasonably been ascertained by us at the initial issuance or the last renewal of the policy. When the policy has been continuously in effect for a period of 5 years provided that such 5 year period shall begin at the first anniversary date following the policy effective date. When any of the reasons specified as reasons for cancellation are existent. c. If we offer to renew or continue this policy and you do not accept this policy will termi nate at the end of the policy period. Failure to pay the required renewal or continuation premium when due shall mean that you have not accepted our offer. d. If we fail to mail proper notice of nonrenewal and you obtain other insurance this policy will end on the effective date of that insur ance.. Mailing Of Notices We will mail any notice of cancellation or non renewal by certified or registered mail or United States post office certificate of mailing to your last mailing address known to us. Proof of mailing will be sufficient proof of notice. 2 4 s Page 2 of 3 Copyright Insurance Services Office Inc. 2000 CU 02 10 09 00 o | 2 |
d. The effective date of cancellation stated in the notice shall become the end of the pol icy period. e. If this policy is cancelled we will send you any premium refund due. If we cancel the refund will be pro rata. If you cancel the refund may be less than pro rata. The can cellation will be effective even if we have not offered a refund. 2. Nonrenewal a. If we decide not to renew or continue this policy we will mail you written notice at least 60 days before the end of the policy period stating the reasons for nonrenewal. If we offer to renew or continue and you do not accept this policy will terminate at the end of the current policy period. Failure to pay the required renewal or continuation premium when due shall mean that you have not accepted our offer. b. If we fail to mail proper notice and you ob tain other insurance this policy will end on the effective date of that insurance. 3. Mailing Of Notices Any notice of cancellation or nonrenewal will be mailed by certified or registered mail or United States post office certificate of mailing to the first named insured s last mailing address known to us. Proof of mailing of any notice will be sufficient proof of notice. 4. Notice To Director Of Vehicles If you are a Vehicle Dealer or Mobile Home Dealer the following provision applies If the policy is cancelled we will notify the Di rector of Vehicles 30 days before the effective date of cancellation. C. Condition 10. When We Do Not Renew of Sec tion IV Conditions does not apply. B. For all policies not described in Paragraph A. above the Cancellation Common Policy Condi tion is replaced by the following ENDING THIS POLICY 1. Cancellation a. You may cancel the policy by returning it to us or by giving us advance notice of the date cancellation is to take effect. b. We may cancel this policy by mailing you written notice of cancellation stating our reasons for cancellation. If we cancel for nonpayment of premium we will mail you at least 10 days notice. If we cancel for any other reason we will mail you at least 30 days notice. c. When this policy is in effect for 90 days or more or is a renewal or continuation policy we may cancel only for one or more of the following reasons 1 Nonpayment of premium. 2 This policy was issued because of mate rial misrepresentation. 3 Any insured violated any of the material terms and conditions of this policy. Unfavorable underwriting factors spe cific to the insured exist that were not present at the inception of this policy. 5 A determination by the insurance com missioner that continuation of coverage could place us in a hazardous financial condition or in violation of the laws of Kansas. A determination by the insurance com missioner that we no longer have ade quate reinsurance to meet our needs. 4 6 CU 02 10 09 00 Copyright Insurance Services Office Inc. 2000 Page 30of 3 o | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 21080413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION INTERCOMPANY PRODUCTS SUITS This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART This insurance does not apply to any claim for damages by any Named Insured under this policy against another Named Insured under this policy because of bodily injury or property damage arising out of your products and included within the products completed operations hazard. CU 21080413 Insurance Services Office Inc. 2012 Page 1 of 1 | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 21230202 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad Form This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART I. The insurance does not apply A. Under any Liability Coverage to bodily injury or property damage 1 With respect to which an insured under the policy is also an insured under a nuclear energy liability policy issued by Nuclear En ergy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nu clear Insurance Association of Canada or any of their successors or would be an in sured under any such policy but for its ter mination upon exhaustion of its limit of li ability or Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is re quired to maintain financial protection pur suant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the in sured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organi zation. B. Under any Liability Coverage to bodily injury or property damage resulting from hazardous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom 2 The nuclear material is contained in spent fuel or waste at any time possessed handled used processed stored trans ported or disposed of by or on behalf of an insured or The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its ter ritories or possessions or Canada this Ex clusion 3 applies only to property dam age to such nuclear facility and any property thereat.. As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material Spe cial nuclear material or by product material. Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel com ponent solid or liquid which has been used or ex posed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed pri marily for its source material content and b re sulting from the operation by any person or organi zation of any nuclear facility included under the first two paragraphs of the definition of nuclear fa cility. CU 21230202 ISO Properties Inc. 2001 Page 1 of 2 o | 2 |
Nuclear facility means a b c Any nuclear reactor Any equipment or device designed or used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or pack aging waste Any equipment or device used for the proc essing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of pluto nium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 d Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the 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 radioac tive contamination of property. Page 2 of 2 ISO Properties Inc. 2001 CU 2123 0202 o | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 21271204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability 2. Exclusions This insurance does not apply to FUNGI OR BACTERIA a. Bodily injury or property damage which would not have occurred in whole or in part but for the actual alleged or threatened in halation of ingestion of contact with expo sure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed concurrently or in any sequence to such injury or damage. b. Any loss cost or expenses arising out of the abating testing for monitoring 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 are on or are contained in a good or product intended for bodily consump tion. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Per sonal And Advertising Injury Liability 2. Exclusions This insurance does not apply to FUNGI OR BACTERIA a. Personal and advertising injury which would not have taken place in whole or in part but for the actual alleged or threat ened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed con currently or in any sequence to such injury. b. Any loss cost or expense 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. C. The following definition is added to the Definitions Section Fungi means any type or form of fungus includ ing mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. CU 21271204 ISO Properties Inc. 2003 Page 1 of 1 a | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 21 3506 08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF CERTIFIED ACTS OF TERRORISM AND EXCLUSION OF OTHER ACTS OF TERRORISM COMMITTED OUTSIDE THE UNITED STATES COMMERCIAL LIABILITY UMBRELLA COVERAGE PART. The following exclusion is added This insurance does not apply to TERRORISM Any injury or damage arising directly or indi rectly out of a certified act of terrorism or out of an other act of terrorism that is committed out side of the United States including its territories and possessions and Puerto Rico but within the coverage territory. However with respect to an other act of terrorism this exclusion applies only when one or more of the following are attributed to such act 1. The total of insured damage to all types of property exceeds 25000000 valued in US dollars. In determining whether the 25000000 threshold is exceeded we will in clude all insured damage sustained by property of all persons and entities affected by the ter rorism and business interruption losses sus tained by owners or occupants of the damaged property. For the purpose of this provision in sured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the applica tion of any terrorism exclusions or 2. Fifty or more persons sustain death or serious physical injury. For the purposes of this provi sion serious physical injury means a. Physical injury that involves a substantial risk of death or b. Protracted and obvious physical disfigure ment or c. Protracted loss of or impairment of the function of a bodily member or organ or 3. The terrorism involves the use release or escape of nuclear materials or directly or indi rectly results in nuclear reaction or radiation or radioactive contamination or This endorsement modifies insurance provided under the following 4. The terrorism is carried out by means of the dispersal or application of pathogenic or poi sonous biological or chemical materials or 5. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials. With respect to this exclusion Paragraphs 1. and 2. describe the thresholds used to measure the magnitude of an incident of an other act of terror ism and the circumstances in which the threshold will apply for the purpose of determining whether this exclusion will apply to that incident. B. The following definitions are added 1. For the purposes of this endorsement any injury or damage means any injury or damage covered under any Coverage Part or underly ing insurance to which this endorsement is ap plicable and includes but is not limited to bod ily injury property damage personal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part or underlying insurance. 2. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act. The criteria con tained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following a. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terror ism Risk Insurance Act CU 21 3506 08 Insurance Services Office Inc. 2008 Page 1 0of 2 m | 2 |
b. The act resulted in damage 1 Within the United States including its territories and possessions and Puerto Rico or 2 Outside of the United States in the case of a An air carrier as defined in Section 40102 of title 49 United States Code or 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 re gardless of where the loss occurs or b The premises of any United States mission and c. The act is a violent act or an act that is dangerous to human life property or infra structure 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 con duct of the United States Government by coercion. 3. Other act of terrorism means a violent act or an act that is dangerous to human life property or infrastructure that is committed by an indi vidual or individuals and that appears to be part of an effort to coerce a civilian population or to influence the policy or affect the conduct of any government by coercion and the act is not a certified act of terrorism. Multiple incidents of an other act of terrorism which occur within a seventy two hour period and appear to be carried out in concert or to have a related purpose or common leadership shall be considered to be one incident. C. In the event of any incident of a certified act of terrorism or an other act of terrorism that is not subject to this exclusion coverage does not apply to any loss or damage that is otherwise excluded under this Coverage Part. Page 2 of 2 Insurance Services Office Inc. 2008 CU 213506 08 o | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 24300413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF INSURED CONTRACT DEFINITION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART Paragraph 9. of the Definitions section is replaced by the following 9. Insured contract means g. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement c. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement f. That part of any contract or agreement entered into as part of your business pertaining to the rental or lease by you or any of your 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 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. However such part of a contract or agreement shall only be considered an insured contract the extent your assumption of the tort liability is permitted by law. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraphs f. and g. do not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of 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 or 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 person or organization is authorized to serve by public authority. 2 3 CU24300413 Insurance Services Office Inc. 2012 Page 1 0of 1 | 2 |
IL00 17 11 98 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation b. Give you reports on the conditions we find 1. The first Named Insured shown in the Declara tions may cancel this policy by mailing or de livering to us advance written notice of cancel lation. 2. We may cancel this policy by mailing or deliv ering to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of cancel lation if we cancel for nonpayment of pre mium or b. 30 days before the effective date of cancel lation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be ef fective even if we have not made or offered a refund. 6. If notice is mailed proof of mailing will be suf ficient proof of notice.. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declara tions is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy.. Examination Of Your Books And Records We may examine and audit your books and rec ords as they relate to this policy at any time during the policy period and up to three years afterward. D. Inspections And Surveys 1. We have the right to a. Make inspections and surveys at any time and c. Recommend changes. 2. We are not obligated to make any inspections surveys reports or recommendations and any such actions we do undertake relate only to in surability and the premiums to be charged. We do not make safety inspections. We do not un dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recom mendations we may make relative to certifica tion under state or municipal statutes ordi nances or regulations of boilers pressure ves sels or elevators.. Premiums The first Named Insured shown in the Declara tions 1. Is responsible for the payment of all premiums and 2. Will be the payee for any return premiums we pay.. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named in sured. If you die your rights and duties will be trans ferred to your legal representative but only while acting within the scope of duties as your legal rep resentative. Until your legal representative is ap pointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. IL00 17 11 98 Copyright Insurance Services Office Inc. 1998 Page 1 of 1 m | 2 |
IL AM 4001 10 11 HDI GERLING AMERICA INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ECONOMIC OR TRADE SANCTIONS In accordance with the laws regulations or resolutions of the United Nations the European Union any of its member states or the United States concerning economic and trade embargoes this policy is void from its inception with respect to any term or condition of this policy that violates any such laws regulations or resolution. All other terms and conditions of this policy remain unchanged. Page 1 of 1 1L AM 4001 10 11 | 2 |
IL P 0010104 U.S. TREASURY DEPARTMENT S OFFICE OF FOREIGN ASSETS CONTROL OFAC ADVISORY NOTICE TO POLICYHOLDERS No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Notice provides information concerning possible impact on your insurance coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of Foreign Assets Control OFAC administers and enforces sanctions policy based on Presidential declarations of national emergency. OFAC has identified and listed numerous Foreign agents Front organizations Terrorists Terrorist organizations and Narcotics traffickers as Specially Designated Nationals and Blocked Persons. This list can be located on the United States Treas ury s web site httpwww.treas.gov ofac. In accordance with OFAC regulations if it is determined that you or any other insured or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person as identified by OFAC this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. IL P 001 01 04 ISO Properties Inc. 2004 Page 1 of 1 | 2 |
HDI GERLING AMERICA INSURANCE COMPANY MANUSCRIPT ENDORSEMENT No. 1 Policy Number CUD12626 00 Named Insured Dechra Veterinary Products Policy Period Inception Expiration Effective Date and Time of Endorsement 10072013 11012014 10072013 1201 a.m. Standard Time at Address of the Insured. This Endorsement Changes The Policy. Please Read It Carefully. CLINICAL TRIALS EXCLUSION This insurance modifies insurance provided under the following Commercial Umbrella Liability Coverage Part It is understood and agreed that this policy does not apply to any Clinical Trials Testing Toxicity Studies Pre Clinical Testing Efficacy Studies Bioequivalency Studies or Bioavailability Studies which are conducted by for or at the direction of the Named Insured. All other terms and conditions of the policy remain the same. | 2 |
HDI GERLING AMERICA INSURANCE COMPANY MANUSCRIPT ENDORSEMENT No. 2 Policy Number CUD12626 00 Named Insured Dechra Veterinary Products Policy Period Inception Expiration Effective Date and Time of Endorsement 10072013 11012014 10072013 1201 a.m. Standard Time at Address of the Insured. This Endorsement Changes The Policy. Please Read It Carefully. NON FDA APPROVED PRODUCTS EXCLUSION This insurance modifies insurance provided under the following Commercial Umbrella Liability Coverage Part It is understood and agreed that this policy shall not apply to any claim or claims arising out of those of the Insured s Products which require but have not received approval by the United States Food and Drug Administration FDA. or any other federal state or alien regulatory entity which performs any function similar to any function performed by the FDA. All other terms and conditions of the policy remain the same | 2 |
Allianz Global Corporate Specialty Insurance policy Commercial Lines Policy Allianz | 2 |
Allianz Allianz Global Risks US Insurance Company 225 West Washington Street Suite 1800 Chicago IL 60606 3484 THIS POLICY CONSISTS OF DECLARATIONS ONE OR MORE COVERAGE PARTS. A COVERAGE PART CONSISTS OF ONE OR MORE COVERAGE FORMS APPLICABLE FORMS AND ENDORSEMENTS In Witness Whereof we have caused this policy to be executed and attested and if required by state law this policy shall not be valid unless countersigned by our authorized representa tive. Secretary KAQ P President and Chief Executive Officer e v AGR DS 1003 11 14 Page 10of 1 | 2 |
Allianz Global Risks US Insurance Company Hereinafter called the Company 225 W. Washington St. Suite 1800 Chicago IL 60606 Claims Made Commercial Umbrella Liability Declarations Policy NO. ULA 2005572 Producer I TMIED Nease Co. LLC Lockton Companies LLC INSURED 444 W 47th St 900 AND 4480 Lake Forrest Dr. Suite 312 Kansas City MO 64112 1906 MAILING ADDRESS Cincinnati OH 45242 Item 2. Policy Period From January 01 2015 To January 012016 At 1201 AM. Standard Time at the Address of the Named Insured shown above. Item 3. Limits of Insurance The Limits of Insurance subject to all the terms of this policy are A S 9000000 Each Occurrence B. 9000000 General Aggregate in accordance with Section Ill Limits of Insurance. 9000000 produycts Completed Operations Aggregate in accordance with Section Ill Limits of Insurance. D. 10000 self Insured Retention Item 4. Retro Date December 01 2005 Item 5. Premium Computation Estimated Rate Advance Minimum Exposure Per Premium Premium Not Applicable Flat 125000. 125000.. ULA 2005572 Co. LLC Lake Forrest Dr. Suite 312 nati OH 45242 Lockton Companit 444 W 47th St 9 Kansas City MO 6 Rate Per Flat Advance Premium 125000. Minimum Premium 125000. Item 6. Endorsements Forms and Endorsements applying to this coverage and made a part of this policy at time of issue. Per Forms and Endorsement List Countersigned by Authorized Representative Date AGR CU 1002 1103 INSURED | 2 |
Allianz Global Risks US Insurance Company FORMS AND ENDORSEMENT LIST NAMED INSURED Nease Co. LLC POLICY NUMBER ULA 2005572 EFFECTIVE DATE 112015 The following policy forms and endorsements have been attached to and made a part of the policy at inception. FORM NAME Policyholder Notice OFAC Policyholder Notice of Coverage Change Crisis Coverage Extension and Schedule Claims Made Commercial Umbrella Liability Policy Schedule of Underlying Insurance Exclusion Engineers Architects or Surveyors Professional Liability Exclusion Intercompany Products Suits Exclusion Professional Liability Exclusion Occupational Disease Exclusion Electromagnetic Radiation Exclusion Tobacco and Tobacco Products Exclusion Fungi or Bacteria Exclusion Lead Silica or Silica Related Dust Exclusion Exclusion of Certified Acts of Terrorism and Exclusion of Other Acts of Terrorism committed outside the United States Excess Employee Benefits Liability Coverage Claims Made Comm Umbrella Schedule of Approved Crisis Management Firms Crisis Management Response Cost and Crisis Management Loss Cost Coverage Extension Endt. Defense Expense In Addition To Limits Limitation Endt Access or Disclosure of Confidential or Personal Information and Data Related Liab Amendatory Endorsement Claims Series Provisions claims made form Ohio Amendatory Terrorism Risk Insurance Act Expiration Information Named Insured Endorsement Retroactive Dates Endorsement FORM NUMBER AGR IL 8003 01 05 AGRL CU 8009 04 13 AGR CU 2002 07 11 AGR CU 1501 02 13 AGR CU 5001 01 04 AGR CU 5003 01 04 AGR CU 5010 01 04 AGR CU 5018 01 04 AGR CU 5019 01 04 AGR CU 5026 01 04 AGR CU 5031 01 04 AGR CU 5036 01 04 AGR CU 5038 07 11 AGR CU 5042 07 11 AGR CU 4002 11 11 AGRL CU 1601 01 13 AGRL CU 2002 01 13 AGRL CU 5014 11 11 AGRL CU 5018 05 14 AGRL CU 5021 m 09 14 AGRL CU OHO1 07 11 AGR IL 8T03 11 14 AGR IL M001 11 03 AGR IL M001 11 03 EDITION DATE 012005 042013 072011 022013 012004 012004 012004 012004 012004 012004 012004 012004 072011 072011 112011 012013 012013 112011 052014 092014 072011 112014 112003 112003 AGR DS 1002 11 03 | 2 |
Allianz Global Risks POLICYHOLDER NOTICE OFAC U.S. TREASURY DEPARTMENT S OFFICE OF FOREIGN ASSETS CONTROL OFAC ADVISORY NOTICE TO POLICYHOLDERS No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Notice provides information concerning possible impact on your insurance coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of Foreign Assets Control OFAC administers and enforces sanctions policy based on Presidential declarations of national emergency. OFAC has identified and listed numerous o Foreign agents o Front organizations o Terrorists o Terrorist organizations and o Narcotics traffickers as Specially Designated Nationals and Blocked Persons. This list can be located on the United States Treasury s web site httpwww.treas.gov ofac. In accordance with OFAC regulations if it is determined that you or any other insured or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person as identified by OFAC this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. AGR IL 8003 01 05 Page 1 of 1 | 2 |
POLICY NOTICE OF COVERAGE CHANGE CRISIS MANAGEMENT RESPONSE AND CRISIS MANAGEMENT LOSS COVERAGE EXTENSION This Notice does NOT form a part of your insurance contract. The Notice is designed to alert you to a coverage change in your policy. If there is any conflict between this Notice and the policy including its endorsements the provisions of the policy including its endorsements apply. Please read your policy and the endorsements at tached to your policy carefully. The following endorsements will be added to your coverage at renewal ENDORSEMENT AGRL CU 2002 CRISIS MANAGEMENT RESPONSE AND CRISIS MANAGEMENT LOSS COVERAGE EXTENSION ENDORSEMENT When this endorsement is attached to your policy coverage for the costs of Crisis Management Response Costs and Crisis Management Loss will be provided to you subject to the terms of the endorsement for the limits indi cated within the Schedule A of this endorsement in the event of a crisis management event to which the en dorsement applies. A Crisis Management Event means an occurrence that triggers significant adverse regional or national media coverage that in the good faith opinion of a Key Executive of the Named Insured has or may result in damages covered by this policy that are in excess of the total applicable limits of Scheduled Underlying Insurance. This includes man made disasters such as explosions major crashes multiple deaths burns dismemberment trau matic brain injury permanent paralysis or contamination of food drink or pharmaceuticals provided that they result from that covered occurrence. Crisis Management Response Costs mean reasonable and necessary expenses incurred during a Crisis Man agement Event directly caused by a Crisis Management Event provided such expenses are approved by us and are associated with damages that would be covered by this policy. The type of expenses covered are defined within the definitions section of the endorsement. A Crisis Management Loss means amounts incurred by you during a Crisis Management Event for the payment of reasonable and necessary 1. Fees and expenses incurred by a Crisis Management Firm in the performance of Crisis Management Services for the you solely arising from a covered Crisis Management Event and 2. Printing advertising or mailing of materials or travel by directors officers employees or agents of the Named Insured or a Crisis Management Firm incurred at the direction of a Crisis Management Firm solely arising from a covered Crisis Management Event. This is a broadening of coverage. ENDORSEMENT AGRL CU 1601 SCHEDULE OF APPROVED CRISIS MANAGEMENT FIRMS If this endorsement is attached it will list the contact information for one or more Crisis Management Firms that are approved by us as providers of Crisis Management Services in the event of a covered Crisis Management Event. This schedule will form a part of endorsement AGRL CU 2002 described above. AGRL CU 8009 04 13 Page 1 of 1 Includes material copyrighted by Insurance Services Office Inc. used with its permission | 2 |
Allianz Global Risks 1. THIS IS A CLAIMS MADE POLICY. EXCEPT AS OTHERWISE PROVIDED COVERAGE IS LIMITED TO CLAIMS THAT ARE FIRST MADE IN WRITING AGAINST THE INSURED DURING THE POLICY PERIOD. 2. THE LIMITS OF INSURANCE ARE REDUCED BY THE AMOUNTS WE PAY IN THE INVESTIGATION DEFENSE AND SETTLEMENT OF ANY CLAIM MADE OR SUIT BROUGHT AGAINST AN INSURED. PLEASE REVIEW THE POLICY CAREFULLY AND DISCUSS ANY QUESTIONS OR CONCERNS YOU MAY HAVE WITH YOUR INSURANCE AGENT OR BROKER. CLAIMS MADE COMMERCIAL UMBRELLA LIABILITY POLICY Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the named insured shown in the Declarations and any other person or organization qualifying as a named insured under this policy. The words we us and our refer to the company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION IV DEFINITIONS. In consideration of the payment of the premium and subject to all the terms of this policy we agree with you to provide the insurance as stated in this policy. SECTION COVERAGE A. We will pay on behalf of the insured those sums in excess of the Retained Limit that the insured becomes legally obligated to pay as damages by reason of liability imnposed by law or assumed by the insured under an insured contract because of bodily injury property damage personal injury or advertising injury to which this insurance applies caused by an occurrence that takes place during the policy period anywhere in the world. Retained Limit is defined in SECTION IV DEFINITIONS. If we are prevented by law or otherwise from paying such sums on the insured s behalf we will reimburse the insured for such sums. However 1. The amount we will pay for damages is limited as described in SECTION Il LIMITS OF INSURANCE and 2. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under SECTION Il. DEFENSE. B. This insurance applies to bodily injury property damage personal injury and advertising injury only if 1. Aclaim for damages because of the bodily injury property damage personal injury or advertising injury is first made against the insured in accordance with Paragraph C. below during the policy period or during the Extended Reporting Period we provide under SECTION VIl EXTENDED REPORTING PERIODS and 2. The bodily injury property damage personal injury or advertising injury is caused by an occurrence that takes place on or after the Retroactive Date shown in Item 4. of the Declarations but before the end of the policy period. C. Aclaim by a person or organization seeking damages will be deemed to have been made when notice of the claim is first received by the insured or by us whichever comes first. D. All claims for damages because of bodily injury property damage personal injury or advertising injury to the same person or organization including damages claimed by any person or organization for care loss of AGR CU 2002 07 11 Page 1 of 20 | 0 |
Allianz Global Risks services or death resulting at any time from bodily injury will be deemed to have been made at the time the first of those claims is made. SECTION Il DEFENSE A. Duty to Defend 1. We will have the right and duty to defend the insured against any suit seeking damages for bodily injury property damage personal injury or advertising injury to which this insurance applies even if the suit is groundless false or fraudulent a. When all applicable limits of insurance under all scheduled underlying insurance have been exhausted by payments for occurrences to which this insurance applies or b. When damages are sought for bodily injury property damage personal injury or advertising injury that are covered by this policy but are not covered by any underlying insurance. 2. When we have the duty to defend we will have the right to investigate the occurrence and settle any resultant claim or suit. 3. When we have no duty to defend we will have the right to participate in the defense of the insured against any suit seeking damages to which this insurance may apply. However 1. We will have no duty to defend the insured against any suit seeking damages for injury or damage to which this insurance does not apply 2. We will have no duty to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit 3. Our duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments settlements or settlement costs and 4. In the event of bankruptcy or insolvency of an insurer of the underlying insurance our defense obligations will apply as if such insurance were in full effect. B. Supplementary Payments 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend when the duty to defend exists a. All expenses we incur. b. The cost of bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. c. Allreasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit. Al costs taxed against the insured in the suit. e. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. f. Allinterest on our portion of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. However we will not contribute to the expenses of an insurer of the scheduled underlying insurance. Any payments we make are settlement costs and will reduce the limits of insurance. When we have no duty to defend the insured but elect to participate in the defense we will pay our own expenses. However we will not contribute to the expenses of the insured or an insurer of the scheduled underlying insurance. AGR CU 2002 07 11 Page 2 of 20 | 1 |
Allianz Global Risks SECTION Iil LIMITS OF INSURANCE. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of 1. Insureds 2. Claims made suits brought or number of vehicles involved 3. Persons or organizations making claims or bringing suits or 4. Coverages provided under this policy.. The General Aggregate Limit is the most we will pay for the sum of 1. All damages to which this insurance applies and 2. All settlement costs related to such damages. However the General Aggregate Limit does not apply to 1. Damages and related settlement costs because of bodily injury or property damage a. Included in the products completed operations hazard or b. Arising out of the ownership maintenance or use of a covered auto or 2. Damages covered by valid scheduled underlying insurance to which no aggregate limit of insurance applies or 3. Damages that would have been covered with no aggregate limit of insurance by scheduled underlying insurance but for the exhaustion of applicable limits of insurance.. The Products Completed Operations Aggregate Limit is the most we will pay for the sum of all damages and related settlement costs because of bodily injury and property damage included in the products completed operations hazard.. Subject to B. or C. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of all damages and related settlement costs under this insurance because of all bodily injury property damage personal injury and advertising injury arising out of any one occurrence. The Aggregate Limits of this policy as described in Paragraphs B. and C. above apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. If the applicable limits of insurance of the scheduled underlying insurance are reduced or exhausted by payment of damages for occurrences to which this insurance applies we will 1. In the event of reduction pay in excess of the reduced underlying limits of insurance or 2. In the event of exhaustion continue in force as the applicable policy of scheduled underlying insurance subject to the terms and conditions of this policy.. We will be liable only for that portion of damages in excess of the Retained Limit. AGR CU 2002 07 11 Page 3 of 20 | 1 |
Allianz Global Risks SECTION IV DEFINITIONS 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 1. Notices that are published include material placed on the Internet or on similar electronic means of communication and 2. Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. Advertising injury means injury other than bodily injury or personal injury arising solely out of your advertising activities as a result of one or more of the following offenses 1. 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 2. Oral or written publication in any manner of material that violates a person s right of privacy 3. The use of another s advertising idea in your advertisement or 4. Infringing upon another s copyright trade dress or slogan in your advertisement. Auto means a land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment. But auto does not include mobile equipment. Bodily injury means bodily injury sickness disability or disease sustained by a person including death resulting from any of these at any time. Bodily injury includes humiliation shock mental anguish or other mental injury resulting from bodily injury. Claim means a written demand made upon the insured in which damages because of bodily injury property damage personal injury or advertising injury to which this insurance applies are alleged. Claim includes the service of suit. Claim does not include any notice of an occurrence accident act error or omission which may result in a claim under this policy. Covered auto means only those autos to which scheduled underlying insurance applies. 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 devises or any other media which are used with electronically controlled equipment. Employee means a person working for you for remuneration. Employee includes a Leased Worker but employee does not include a Temporary Worker. For the purposes of this insurance 1. AlLeased Worker is a person other than a Temporary Worker 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 and 2. A Temporary Worker is a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Executive officer means a person holding any of the officer positions created by your charter constitution by laws or any other similar governing document. Impaired property means tangible property other than your product or your work that can not be used or is less useful because AGR CU 2002 07 11 Page 4 of 20 | 1 |
Allianz Global Risks 1. Itincorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or 2. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by the repair replacement adjustment or removal of your product or your work or your fulfilling the terms of the contract or agreement. K. Insured means 1. The Named Insured 2. Ifyou are a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees 3. Each of the following a. b. Your volunteer workers but only while performing duties related to the conduct of your business and Your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these volunteer workers or employees are insureds for bodily injury or personal injury 1 To you to your partners or members if you are a partnership or joint venture or to your members if you are a limited liability company or 2 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 a immediately preceding. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this policy. 4. With respect to mobile equipment registered in your name under any motor vehicle registration law any person while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured but only with respect to liability arising out of the operation of the equipment and only if no other insurance of any kind is available to that person or organization for this liability. AGR CU 2002 07 11 Page 5 of 20 Page 5 of 20 | 1 |
Allianz Global Risks 5. Any person or organization other than a Named Insured included as an additional insured in any scheduled underlying insurance however a. Coverage provided by this insurance will not be broader than coverage provided to such person or organization by the scheduled underlying insurance and b. If coverage is required by contract or agreement the most we will pay on behalf of the additional insured is the amount of insurance required by the contract less any amounts payable by any scheduled underlying insurance not to exceed the available limits afforded by Section IIl Limits of Insurance. 6. Notwithstanding any of the above a. No person or organization is an insured with respect to the conduct of any current past or newly formed partnership joint venture or limited liability company that is not designated as a named insured in Item 1 of the Declarations and b. No person or organization is an insured under this policy who is not an Insured under applicable Scheduled Underlying Insurance. This provision shall not apply to any organization set forth in the definition of Named Insured in Paragraph N. 3. L. Insured Contract means that part of any contract or agreement under which you assume the tort liability of another party to pay for bodily injury property damage personal injury or advertising injury to a third person or organization provided the contract or agreement 1. Pertains to your business and 2. Is executed prior to the occurrence causing the injury or damage. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Insured Contract does not include any contract or statement 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 roadbeds tunnel underpass or crossing 2. 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 or 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 3. Under which the insured if an architect engineer or surveyor assumes liability for injury or damage arising out of the insured s rendering or failure to render professional services including those shown in subparagraph 2. above or supervisory inspection architectural or engineering activities. M. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment 1. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads 2. Vehicles maintained for use solely on or next to premises you own or rent 3. Vehicles that travel on crawler treads 4 Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted a. Power cranes shovels loaders diggers or drills or b. Road construction or resurfacing equipment such as graders scrapers or rollers 5. Vehicles not described in 1. 2. 3. or 4. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types a. Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or AGR CU 2002 07 11 Page 6 of 20 Page 6 of 20 | 1 |
Allianz Global Risks b. Cherry pickers and similar devices used to raise or lower workers Vehicles not described in 1. 2. 3. or 4. 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 a. Equipment designed primarily for 1 Snow removal 2 Road maintenance but not construction or resurfacing or 3 Street Cleaning b. Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and c. Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. N. Named insured means 1. The first person or organization designated in Item 1. of the Declarations the first named insured Any other person or organization designated in Item 1. of the Declarations and Each of the following with respect to any person or organization designated in Item 1. of the Declarations a. Any organization that is a subsidiary as of the effective date of this policy b. Any organization over which ownership or majority interest is maintained as of the effective date of this policy and c. Any organization that is newly acquired or formed during the policy period other than a partnership joint venture or limited liability company and over which ownership or majority interest is maintained. However 1 This insurance does not apply to bodily injury property damage injury that occurred before the organization was acquired or formed personal injury or advertising 2 The first named insured agrees to give us prompt notice that the organization has been acquired or formed and 3 We may charge an additional premium for insuring the organization. You agree that any organization to which paragraph 3. above applies will be required to be included as an insured under applicable scheduled underlying insurance. If you fail to comply with this requirement coverage under this policy will apply as though the organization was included as an insured under the highest applicable limit of scheduled underlying insurance. 0. Occurrence 1. With respect to bodily injury and property damage occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. All such exposure to substantially the same general conditions shall be considered as arising out of one occurrence. With respect to personal injury occurrence means a covered offense that arises out of your business. Allinjury that arises from the same or related material or offense shall be considered as arising out of one occurrence regardless of the frequency or repetition thereof the number and kind of media used and the number of claimants. With respect to advertising injury occurrence means a covered offense committed in the course of advertising your goods products or services. All injury that arises from the same or related material or offense shall be considered as arising out of one occurrence regardless of the frequency or repetition thereof the number and kind of media used and the number of claimants. AGR CU 2002 07 11 Page 7 of 20 | 1 |
Allianz Global Risks Other insurance means a valid and collectible policy or insurance providing coverage for damages covered in whole or in part by this policy. However other insurance does not include scheduled underlying insurance or any policy of insurance specifically purchased to be excess of this policy affording coverage this policy also affords. Personal injury means injury other than advertising injury or bodily injury arising out of one or more of the following offenses 1. False arrest detention or imprisonment 2. Malicious prosecution 3. The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor 4. Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services 5. Oral or written publication in any manner of material that violates a person s right of privacy. Policy period means the period of time from the inception date of this policy shown in the Declarations and the expiration date shown in the Declarations or the effective date of termination of this policy. Products completed operations hazard 1. 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 a. Products that are still in your physical possession or b. Work that has not yet been completed or abandoned. However 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 job site has been completed if your contract calls for work at more than one job site. 3 When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. 2. 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 not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured or b. The existence of tools uninstalled equipment or abandoned or unused materials. Property damage means 1. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or 2. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance Electronic Data is not tangible property. Retained limit means 1. The total applicable limits of scheduled underlying insurance and any applicable Other Insurance providing coverage to the Insured or AGR CU 2002 07 11 Page 8 of 20 | 1 |
Allianz Global Risks 2. The dollar amount listed in the Declarations as Self Insured Retention which applies separately to each occurrence that results in damages not covered by any scheduled underlying insurance. V. Scheduled underlying insurance means the insurance policies or self insured retentions listed in the Schedule of Underlying Insurance forming a part of this policy including any renewals or replacements thereof. W. Settlement costs means all costs expenses and interest we pay with respect to 1. The investigation or settlement of any claim made against an insured 2. The defense of any suit brought against an insured Payments made in accordance with the provisions of SECTION Il DEFENSE B. Supplementary Payments or 4. The appeal of any judgment against an insured. X. Suit means a civil proceeding in which damages because of bodily injury property damage personal injury or advertising injury to which this insurance applies are alleged. Suit includes 1. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or 2. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. Y. Volunteer worker means a person who Is not your employee Donates his or her work Acts at the direction of and within the scope of duties determined by you and wnp o Is not paid a fee salary or other compensation by you or anyone else for his or her work performed for you. Z. Your product 1. 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. 2. Includes a. Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and b. The providing of or failure to provide warnings or instructions. 3. Does not include vending machines or other property rented to or located for the use of others but not sold. AA.Your work 1. Means a. Work or operations performed by you or on your behalf and b. Materials parts or equipment furnished in connection with such work or operations. 2. Includes a. Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and AGR CU 2002 07 11 Page 9 of 20 Page 9 of 20 | 1 |
Allianz Global Risks lobal Risks b. The providing of or failure to provide warnings or instructions. SECTION V EXCLUSIONS This insurance does not apply to A. Workers Compensation and Similar Laws 1. Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. B. E.R.ILS.A. 1. Any obligation of the insured under the Employees Retirement Income Security Act E.R.I.S.A. and any amendments thereto or any similar law. C. Auto Coverages 1. Bodily injury or property damage arising out of the ownership maintenance or use of any auto that is not a covered auto or 2. Any loss cost or expense payable under or resulting from any first party physical damage coverage no fault law personal injury protection or auto medical payments coverage uninsured or underinsured motorist law or any similar law. D. Damage to Property Property damage to 1. 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 Premises you sell give away or abandon if the property damage arises out of any part of those premises Property loaned to you Personal property in the care custody or control of the insured o N That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or 6. That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraphs 1. 3. and 4. of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of 7 or fewer days. Paragraph 2. of this exclusion does not apply if the premises are your work and were never occupied or rented or held for rental by you. Paragraphs 3. 4. 5. and 6. of this exclusion do not apply to liability assumed under a side track agreement. Paragraph 6. of this exclusion does not apply to property damage included in the products completed operations hazard. E. Damage to Impaired Property or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1. Adefect deficiency inadequacy or dangerous condition in your product or your work or 2. 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. F. Damage To Your Product AGR CU 2002 07 11 Page 10 of 20 Page 10 of 20 | 1 |
Allianz Global Risks lobal Risks 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. 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 1. Your product 2. Your work or 3. Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. Liability of Employees and Volunteer Workers Liability of 1. Any of your employees with respect to bodily injury or personal injury to a. A coemployee while in the course of his or her employment or b. A coemployee or any of your volunteer workers while performing duties related to the conduct of your business 2. Any of your volunteer workers with respect to bodily injury or personal injury to a. Any of your employees while in the course of his or her employment or b. Any of your employees or other volunteer workers while performing duties related to the conduct of your business. This exclusion applies to 1. Bodily injury or personal injury to the spouse child parent brother or sister of that employee or volunteer worker as a consequence of Paragraphs I.1. or 1.2. above and 2. Any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to the extent that valid scheduled underlying insurance for the employee and volunteer workers liability risks described above exists or would have existed but for the exhaustion of applicable limits of insurance. Aircraft or Watercraft 1. Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft or watercraft owned or operated by or rented to or loaned to any insured. Use of an aircraft or watercraft includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use of entrustment to others of any watercraft or any aircraft that is owned or operated by or rented to or loaned to any insured. 2. This exclusion does not apply to bodily injury or property damage arising from a. An aircraft that you do not own that is chartered by loaned to or hired by you with a crew or AGR CU 2002 07 11 Page 11 of 20 | 1 |
Allianz Global Risks b. A watercraft while ashore on premises you own or rent or c. A watercraft you do not own that is less than 26 feet long and not being used to carry persons or property for a charge or d. Other aircraft or watercraft owned by operated by maintained by used by rented to loaned to or otherwise entrusted to any insured to the extent that valid scheduled underlying insurance for such risks exists or would have existed but for the exhaustion of applicable limits of insurance. K. Electronic Chatrooms Bulletin Boards or Electronic Data L. N. 1. Personal Injury or advertising injury arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control. 2. Damages arising out of the loss of use of damage to corruption of inability to access or inability to manipulate electronic data. Insureds in Media and Internet Type Businesses Personal injury or advertising injury committed by an insured whose business is 1. Advertising broadcasting publishing or telecasting 2. Designing or determining content of web sites for others or 3. An Internet search access content or service provider. This exclusion does not apply to Paragraphs 1. 2. and 3. of the definition of personal injury. For the purposes of this exclusion 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.. Personal Injury and Advertising Injury Exclusions Personal Injury or Advertising injury 1. Arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement or 2. Arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement or 3. Arising out of the wrong description of the price of goods products or services stated in your advertisement or 4. Caused by or at the direction of the insured with the knowledge that the act would violate the rights or another and would inflict personal injury or advertising injury or 5. Arising out of oral or written publication of material if done by or at the direction of the insured with knowledge or its falsity or 6. Arising out of the oral or written publication of material whose first publication took place before the beginning of the policy period or 7. Arising out of a criminal act committed by or at the direction of the insured. Pollution 1. Bodily injury property damage or personal injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of Pollutants at any time anywhere in the world. 2. Any loss cost or expense arising out of any request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of Pollutants or AGR CU 2002 07 11 Page 12 of 20 | 1 |
Allianz Global Risks 3. Any loss cost or expense arising out of any claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of Pollutants. This exclusion does not apply to bodily injury property damage or personal injury 1. Arising out of heat smoke or fumes from a Hostile Fire 2. Arising out of the upset overturn or collision of mobile equipment or a covered auto or 3. Included in the products completed operations hazard to the extent that valid scheduled underlying insurance for the pollution liability risks described above exists or would have existed but for the exhaustion of applicable limits of insurance. As used in this exclusion 1. A Hostile Fire means one which becomes uncontrollable or breaks out from where it was intended to be and 2. 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. War Bodily injury property damage indirectly out of personal injury or advertising injury however caused arising directly or 1. War including undeclared or civil war or 2. 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 3. Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Expected or Intended Injury or Damage 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.. Asbestos 1. Bodily injury property damage personal injury or advertising injury arising out of the manufacture of mining of use of sale of installation of removal of distribution of or exposure to asbestos asbestos products asbestos fibers or asbestos dust 2. Any obligation of the insured to indemnify any party because of damages arising out of such bodily injury property damage personal injury or advertising injury as a result of the manufacture of mining of use of sale of installation of removal of distribution of or exposure to asbestos asbestos products asbestos fibers or asbestos dust or 3. Any obligation to defend any suit or claim against the insured alleging bodily injury property damage personal injury or advertising injury and seeking damages if such suit or claim arises from bodily injury property damage personal injury or advertising injury as a result of the manufacture of mining of use of sale of installation of removal of distribution of or exposure to asbestos asbestos products asbestos fibers or asbestos dust. Employment Related Practices Bodily injury or personal injury to 1. A person arising out of any a. Refusal to employ that person b. Termination of that person s employment or AGR CU 2002 07 11 Page 13 of 20 Page 13 of 20 | 1 |
Allianz Global Risks c. Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation or discrimination directed at that person or 2. The spouse child parent brother or sister of that person as a consequence of injury to that person at whom any of the employment related practices described in Paragraph 1. a.. or c. above is directed. 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. Securities and Financial Instruments Bodily injury property damage personal injury or advertising injury arising out of or by reason of 1. The purchase sale offer of sale or solicitation of any security debt insurance policy bank deposit or financial interest or instrument 2. Any representations made at any time in relation to the price or value of any security debt insurance policy bank deposit or financial interest or instrument or 3. Any depreciation or decline in price or value of any security debt insurance policy bank deposit or financial interest or instrument. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1. Causing or contributing to the intoxication of any person 2. The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3. Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion does not apply to the extent that valid scheduled underlying insurance for the liquor liability risks described above exists or would have existed but for the exhaustion of applicable limits of insurance. Aircraft Products and Grounding Bodily injury or property damage arising out of Aircraft Products or Grounding. As used in this exclusion 1. Aircraft Products means any aircraft including missiles spacecraft satellites and any ground control or support equipment intended for use in connection therewith and any other goods products or services specifically intended for use in the manufacture repair service operation or maintenance of any aircraft and 2. Grounding means the withdrawal of any aircraft from service or the imposition of any restrictions on the use of any aircraft arising out of Aircraft Products. Nuclear Energy Liability 1. Bodily injury or property damage a. With respect to which an insured under the 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 limit of liability or b. Resulting from the Hazardous Properties of Nuclear Material and with respect to which 1 any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or 2 the insured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization. 2. Bodily injury or property damage resulting from Hazardous Properties of Nuclear Material if AGR CU 2002 07 11 Page 14 of 20 | 1 |
Allianz Global Risks a. The Nuclear Material 1 is at any Nuclear Facility owned by or operated by or on behalf of an insured or 2 has been discharged or dispersed therefrom b. 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 c. The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any Nuclear Facility but if such facility is located within the United States of America its territories or possessions or Canada this Exclusion c applies only to property damage to such Nuclear Facility and any property thereat. As used in this exclusion a. Hazardous Properties includes 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. e. 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. f. 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 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. g. 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. h. Property damage includes all forms of radioactive contamination of property. Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages a. That the insured would have in the absence of the contract or agreement or b. Assumed in a contract that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorney fees and necessary litigation expenses incurred by or for a party other than the insured are deemed to be damages because of bodily injury or property damage and included within the Limits of Insurance of this policy provided 1 Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and AGR CU 2002 07 11 Page 15 of 20 | 1 |
Allianz Global Risks 2 Such attorney fees and litigation expenses are for the defense of that party against a civil proceeding or an alternative dispute resolution proceeding alleging damages to which this policy applies. 2. Personal injury or advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply for damages a. That the insured would have in the absence of the contract or agreement or b. Assumed in a contract or agreement that is an insured contract provided the personal injury andor advertising injury tales place subsequent to the execution of the contract or agreement. 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 the insured are deemed to be damages because of bodily injury or property damage and included within the Limits of Insurance of this policy provided 1 Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and 2 Such attorney fees and litigation expenses are for the defense of that party against a civil proceeding or an alternative dispute resolution proceeding alleging damages to which this policy applies. X. Violation of Statutes Governing Communications or Information Bodily injury property damage personal injury or advertising injury arising out of any action or omission that violates any statute ordinance or regulation or any federal state province or local or other governmental body including any amendments or additions to such laws that prohibits or limits the sending disposal collecting recording transmitting communicating or distribution of material or information. Y. Infringement of Copyright Patent Trademark or Trade Secret Personal injury or advertising injury arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. However this exclusion does not apply to infringement in your advertisement of copyright trade dress or slogan. Z. Unauthorized Use of Another s Name or Product Personal Injury or advertising injury 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. SECTION VI CONDITIONS A. Appeals If the insured or the insured s insurer elects not to appeal a judgment in excess of the Retained Limit as defined in SECTION IV DEFINITIONS we may do so at our own expense. We will be liable for taxable costs pre judgment and postjudgment interest and disbursements. However any payments we make are settiement costs and will reduce the limits of insurance. B. Bankruptcy 1. Bankruptcy or Insolvency of Insured Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this policy. 2. Bankruptcy or Insolvency of Insurers Bankruptcy or insolvency of any insurer will not relieve us of our obligations under this policy. However this insurance will not replace any scheduled underlying insurance in the event of bankruptcy or insolvency of the insurer. This insurance will apply as if the scheduled underlying insurance were in full effect. AGR CU 2002 07 11 Page 16 of 20 | 1 |
Allianz Global Risks C. Cancellation 1. The first named insured may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first named insured written notice of cancellation at least a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium or b. 90 days before the effective date of cancellation if we cancel for any other reason. We will mail or deliver our notice to the first named insured s last mailing address known to us. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. If this policy is cancelled we will send the first named insured any premium refund due. If we cancel the refund will be pro rata. If the first named insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. If notice is mailed proof of mailing will be sufficient proof of notice. This condition is amended where necessary to comply with the applicable state law regarding Cancellation. D. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first named insured is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy. E. Duties in the Event of Occurrence Claim or Suit 1. You must see to it that we are notified as soon as practicable of an occurrence regardless of the amount which may result in a claim under this policy. To the extent possible notice should include a. How when and where the occurrence took place b. The names and addresses of any injured persons and witnesses and c. The nature and location of any injury or damage arising out of the occurrence. Notice of an occurrence is not notice of a claim. 2. Ifaclaim is made or suit is brought against any insured that is reasonably likely to involve this policy you must a. Record the specifics of the claim or suit and the date received and b. See to it that we receive written notice of the claim or suit as soon as practicable including other materials and information in your possession pertinent and relevant to the claim or suit. 3. You and any other involved insured must a. Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit Authorize us to obtain records and other information c. Cooperate with us in the investigation or settlement of the claim or defense against the suit and d. 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. 4. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. F. Examination of Your Books and Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. G. Headings AGR CU 2002 07 11 Page 17 of 20 Page 17 of 20 | 1 |
Allianz Global Risks The descriptions in the headings of this policy are solely for convenience and form no part of the terms and conditions of insurance. Inspections and Surveys 1. We have the right to a. Make inspections and surveys at any time b. Give you reports on the conditions we find and c. Recommend changes. 2. We are not obligated to make any inspections surveys reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys reports or recommendations. Legal Action Against Us No person or organization has a 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 on this policy unless all of its terms have been fully complied with. Loss Payable 1. Liability under this policy shall not apply unless and until the insured or the insured s insurer has become obligated to pay the Retained Limit as defined in Section IV DEFINITIONS. 2. When the amount of damages has been finally determined we will promptly pay the amount of damages falling within the terms of this policy. 3. We may any all or part of the dollar amount listed in the Declarations as Self Insured Retention to effect settlement of any claim or suit and upon notification of the action taken you shall promptly reimburse us for such payment. Maintenance of Underlying Insurance 1. During the period of this policy you agree that a. The scheduled underlying insurance will be maintained in full effect except for any renewal or replacement policies that provide equivalent coverage The terms and conditions of the scheduled underlying insurance will not materially change and The limits of insurance of the scheduled underlying insurance will not change except for any reduction or exhaustion of aggregate limits due to payments for occurrences to which this insurance applies. Failure to comply with these requirements will not invalidate this insurance. However this insurance will apply to the same extent it would have applied had there been full compliance with these requirements. 2. You agree to notify us as soon as practicable when a. Any insurance policy listed in the Schedule of Underlying Insurance is no longer in effect or b. The terms of any such policy change. Other Insurance If valid and collectible insurance applies to damages that are also covered by this policy this policy will apply as excess of the other insurance and will not contribute with the other insurance. However this provision will not apply if the other insurance is specifically written to be excess of this policy. AGR CU 2002 07 11 Page 18 of 20 | 1 |
Allianz Global Risks Global Kisks. Premiums and Audit 1. The first named insured a. Isresponsible for the payment of all premiums and b. Will be the payee for any return premiums we pay. We will compute all premiums for this policy in accordance with our rules and rates. Premium shown in this policy as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first named insured. The due date for audit premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first named insured subject to any applicable minimum premium. 4. The first named insured must keep records of the information we need for premium computation and send us copies at such times as we may request. Representations or Fraud By accepting this policy you agree 1. The statements in the Declarations are accurate and complete 2. Those statements are based upon representations you made to us 3. We have issued this policy in reliance upon your representations and 4. This policy is void in any case of fraud by you as it relates to this policy or any claim under this policy. Separation of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this policy to the first named insured this insurance applies 1. Asif each named insured were the only named insured and 2. Separately to each insured against whom claim is made or suit is brought. Transfer of Rights of Recovery Against Others to Us 1. If the 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 must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. 2. 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. 3. If prior to the time of an occurrence you waive any right of recovery against a specific person or organization for injury or damage as required under an insured contract we will also waive any rights we may have against such person or organization. Transfer of Your Rights and Duties Under This policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. Unintentional Failure to Disclose If you unintentionally fail to disclose all hazards existing at the inception date of this policy we will not deny coverage because of such failure. However this does not affect our right to collect additional premium or to exercise our right of cancellation or non renewal. AGR CU 2002 07 11 Page 19 of 20 | 1 |
Allianz Global Risks lobal Risks Violation of Economic or Trade Sanctions If coverage for a claim or suit under this policy is in violation of any United States of America economic or trade sanctions including but not limited to sanctions administered and enforced by the United States Treasury Department s Office of Foreign Assets Control OFAC then coverage for that claim or suit will be and void. When We Do Not Renew If we decide not to renew this policy we will mail or deliver to the first named insured written notice of the nonrenewal not less than 60 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. This condition is amended where necessary to comply with the applicable state law regarding nonrenewal. SECTION VIl EXTENDED REPORTING PERIODS. We will provide one of the Extended Reporting Periods as described below if 1. You cancel this policy 2. We cancel this policy for any reason other than non payment of premium 3. This policy is not renewed or 4. We renew or replace this policy with insurance that a. Has a Retroactive Date later than the date shown in Item 4. of the Declarations or b. Does not apply to bodily injury property damage personal injury or advertising injury on a claims made basis.. Extended Reporting Periods do not extend the policy period change the scope of coverage provided or reinstate or increase the Limits of Insurance. They apply only to claims for bodily injury property damage personal injury or advertising injury caused by an occurrence that takes place on or after the Retroactive Date shown in Item 4. of the Declarations but before the end of the policy period.. Basic Extended Reporting Period A Basic Extended Reporting period is automatically provided without additional charge. This period starts with the end of the policy period and last for sixty 60 days. The Basic Extended Reporting Period does not apply to claims that are covered under any subsequent insurance you purchase or that would be covered but for exhaustion of the amount of insurance applicable to such claims.. Supplemental Extended Reporting Period A Supplemental Extended Reporting Period is available but only by endorsement and for an additional premium that will not exceed two hundred percent 200 of the annual premium for this policy. This period starts with the end of the policy period and lasts for thirty six 36 months. You must give us a written request for the endorsement within sixty 60 days after the end of the policy period. The Supplemental Extended Reporting Period will not go into effect unless you pay the additional premium promptly when due. Once in effect the Supplemental Extended Reporting Period replaces the Basic Extended Reporting Period and may not be cancelled. AGR CU 2002 07 11 Page 20 of 20 | 1 |
Allianz Global Risks SCHEDULE OF UNDERLYING INSURANCE It is agreed that this policy is excess over all insurance policies or self insured retentions including and any renewal or replacements thereof as scheduled below. Insurer Policy Number Policy Period Coverages Limits 1. Co Allianz Global Risk US Insurance Company Policy CGL 2004710 Policy Period 01012015 01012016 Commercial General Liability including Products Completed Operations Employee Benefits Liability Each Occurrence Limit 1000000 Personal and Advertising Injury Limit 1000000 General Aggregate Limit 2000000 Products Completed Operations Aggregate Limit 1000000 Each Employee 1000000 Aggregate 1000000 2. Co State Farm Insurance Policy 484 8722 C24 35A Policy Period 032415 to 092415 Commercial Automobile Liability Bodily Injury or Property Damage Liability Combined Single Limit 1000000 3. Co Columbia Insurance Company Policy 71 APR317455 Policy Period 032415 010116 Commercial Automobile Liability WeylChem US Inc. Bodily Injury or Property Damage Liability Combined Single Limit 1000000 4. Co Republic Vanguard Insurance Company Policy CN0555023600 Policy Period 010115 010116 Commercial Automobile Liability WeylChem US Inc. WeyChem International Inc. Ruetgers Organic North America Corp Bodily Injury or Property Damage Liability Combined Single Limit 1000000 5. Co Sentinel insurance Company Policy 37 UECKW7320 Policy Period 010115 to 010116 Commercial Automobile Liability Corden Pharma Colorado Inc. Corden Pharma International Inc. Bodily Injury or Property Damage Liability Combined Single Limit 1000000 6. Co Zurich American Insurance Company Employers Liability MA WI Coverage B Employers Liability Bodily Injury By Accident Policy WC 4867086 00 Corden Pharma Colorado 1000000 Each Accident Policy Period 010115 Inc. Bodily Injury By Disease 010116 1000000 Each Employee 1000000 Policy Limit 7. Co Star Indemnity Policy 1000001098 Employers Liability WeylChem Us Inc. Nease Coverage B Employers Liability Bodily Injury By Accident AGR CU 1501 02 13 Page 1 of 2 surance Company olicy CGL 2004710 olicy Period 01012015 1012016 Injury Limit ompleted Operations Company N0555023600 d 010115 1000000 UECKW7320 d 010115 to 1000000 C 4867086 00 d 010115 | 2 |
Allianz Global Risks Policy Period 010115 Corporation 1000000 Each Accident 010116 Bodily Injury By Disease 1000000 Each Employee 1000000 Policy Limit 8. Co Vigilant Insurance International Commercial Each Occurrence Limit Company General Liability including 1000000 Policy 7350 06 52 KCO Products Completed Personal and Advertising Injury Limit Policy Period 010115 Operations 1000000 010116 General Aggregate Limit 1000000 Products Completed Operations Aggregate Limit NOT INCLUDED International Employee Each Employee Benefits Liability 250000 Aggregate 250000 9. Co Vigilant Insurance International Commercial Bodily Injury or Property Damage Liability Company Automobile Liability Combined Single Limit Policy 7350 06 52 KCO 1000000 Policy Period 010115 010116 10. Co Vigilant Insurance International Employers Coverage B Employers Liability Company Liability Bodily Injury By Accident Policy 7350 06 52 KCO 1000000 Each Accident Policy Period 010115 Bodily Injury By Disease 010116 1000000 Each Employee 1000000 Policy Limit 11. Co Continental Casualty Co. Employers Liability Coverage B Employers Liability Policy WC611903392 Corden Pharma International Bodily Injury By Accident Policy Period 010115 Inc. 1000000 Each Accident 010116 Bodily Injury By Disease 1000000 Each Employee 1000000 Policy Limit 12 Co Pinnacol Assurance Employers Liability CO Coverage B Employers Liability Policy 4161103 Policy Period 010115 010116 Corden Pharma Colorado Inc. Bodily Injury By Accident 1000000 Each Accident Bodily Injury By Disease 1000000 Each Employee 1000000 Policy Limit 10116 ompany olicy 7350 06 52 KCO olicy Period 010115 10116 Injury Limit perations enefits Liability utomobile Liability 1000000 50 06 52 KCO d 010115 ability olicy Period 010115 10116 olicy 4161103 olicy Period 010115 10116 AGR CU 1501 02 13 Page 2 of 2 | 2 |
Allianz Global Risks EXCLUSION ENGINEERS ARCHITECTS OR SURVEYORS PROFESSIONAL LIABILITY This insurance does not apply to bodily injury property damage personal injury or advertising injury arising out of the rendering of or failure to render any professional services by you or any engineer architect or surveyor who is either employed by you or performing work on your behalf in such capacity. Professional services include 1. The preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications and 2. Supervisory inspection architectural or engineering activities. All other terms and conditions remain unchanged. AGR CU 5001 01 04 Page 1 of 1 | 2 |
Allianz Global Risks EXCLUSION INTERCOMPANY PRODUCTS SUITS This insurance does not apply to any claim for damages by any named insured against another named insured because of bodily injury or property damage arising out of your products and included within the products completed operations hazard. All other terms and conditions remain unchanged. AGR CU 5003 01 04 Page 1 of 1 | 2 |
Allianz Global Risks EXCLUSION PROFESSIONAL LIABILITY This insurance does not apply to bodily injury property damage arising out of the rendering or failure to render any professional services. personal injury or advertising injury All other terms and conditions remain unchanged. AGR CU 5010 01 04 Page 1 of 1 | 2 |
Allianz Global Risks EXCLUSION OCCUPATIONAL DISEASE This insurance does not apply to 1. Bodily injury by disease to an employee of the insured arising out of and in the course of a. Employment by the insured or b. Performing duties related to the conduct of the insured s business or 2. Bodily injury to the spouse child parent brother or sister of that employee as a consequence of Paragraph 1. above. This exclusion applies 1. Whether the insured may be liable as an employer or in any other capacity and 2. To any obligation to share damages with or repay someone else who must pay damages because of the injury. All other terms and conditions remain unchanged. AGR CU 5018 01 04 Page 1 of 1 | 2 |
Allianz Global Risks Policy Number ULA 2005572 Effective Date January 01 2015 EXCLUSION ELECTROMAGNETIC RADIATION This insurance does not apply to bodily injury property damage personal injury or advertising injury that arises out of the actual alleged or threatened existence discharge dispersal emission release or escape of or exposure to or contact with Electromagnetic Radiation. This exclusion applies only to your products shown in the Schedule below. For the purposes of this exclusion Electromagnetic Radiation means magnetic energy waves fields or forces that are generated produced distributed transmitted or maintained by electrical charges currents frequencies energy or forces. SCHEDULE Designated Products Cellular phones andor related devices. All other terms and conditions remain unchanged. AGR CU 5019 01 04 Page 1 of 1 | 2 |
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