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Allianz Global Risks EXCLUSION TOBACCO AND TOBACCO PRODUCTS This insurance does not apply to 1. Any liability in whole or in part arising out of or in any way related to the existence presence manufacture processing handling sale distribution ingestion inhalation exhalation absorption consumption use of or exposure to Tobacco or Tobacco Products including but not limited to a. b. c. Any material or substance which is contained in or which forms a part of any Tobacco Product Any by products of Tobacco or Tobacco Products Any supervision instructions recommendations notices warnings or advice given or which should have been given in connection with Tobacco or Tobacco products or Any act error omission or other conduct committed in the course of advertising or promoting Tobacco or Tobacco products. Any injury to any person caused or aggravated by anything described in Paragraph 1. above or to which anything described in Paragraph 1. above has contributed. For the purposes of this exclusion 1. 2. Tobacco includes but is not limited to a. b. Tobacco in any form whether or not contained in or incorporated into products or goods or Tobacco smoke or fumes including second hand smoke. Tobacco Products means any products or goods that contain Tobacco. All other terms and conditions remain unchanged. AGR CU 5026 01 04 Page 1 of 1 | 2 |
Allianz Global Risks EXCLUSION FUNGI OR BACTERIA This insurance does not apply to 1. Bodily injury or property damage which would not have occurred in whole or in part but for the actual alleged or threatened inhalation of ingestion of contact with exposure to existence 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 2. Personal injury which would not have taken place in whole or in part but for the actual alleged or threatened 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 concurrently or in any sequence to such injury or 3. 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. Paragraph 1. of this exclusion does not apply to any fungi or bacteria that are are on or are contained in a good or product intended for consumption. For the purposes of this exclusion fungi means any type or form of fungus including mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. All other terms and conditions remain unchanged. AGR CU 5031 01 04 Page 1 of 1 | 2 |
Allianz Global Risks EXCLUSION LEAD This insurance does not apply to bodily injury property damage personal injury or advertising injury or any other loss cost or expense arising out of the presence ingestion inhalation or absorption of or exposure to lead in any form or products containing lead. All other terms and conditions remain unchanged. AGR CU 5036 01 04 Page 1 of 1 | 2 |
Allianz Policy Number ULA 2005572 Effective Date January 01 2015 SILICA OR SILICA RELATED DUST EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY. The following exclusion is added to the Exclusions Section This insurance does not apply to Silica or Silica Related Dust a. Bodily injury property damage personal injury or advertising injury arising in whole or in part out of the actual alleged threatened or suspected inhalation of ingestion of contact with exposure to existence of or presence of silica or silica related dust. b. Any loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of silica or silica related dust by any insured or by any other person or entity.. The following definitions are added to the Definitions Section 1. Silica means silicon dioxide occurring in crystalline amorphous and impure forms silica particles silica dust or silica compounds. 2. Silica related dust means a mixture or combination of silica and other dust or particles. All other terms and conditions remain unchanged. AGR CU 5038 07 11 Page 1 of 1 | 2 |
Allianz Global Risks Policy Number ULA 2005572 Effective Date January 01 2015 EXCLUSION OF CERTIFIED ACTS OF TERRORISM AND EXCLUSION OF OTHER ACTS OF TERRORISM COMMITTED OUTSIDE THE UNITED STATES This endorsement modifies insurance provided under the following CLAIMS MADE COMMERCIAL UMBRELLA LIABILITY POLICY A. The following exclusion is added This insurance does not apply to TERRORISM Any injury or damage arising directly or indirectly out of a certified act of terrorism or out of an other act of terrorism that is committed outside 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 include all insured damage sustained by property of all persons and entities affected by the terrorism and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions or 2. Fifty or more persons sustain death or serious physical injury. For the purposes of this provision serious physical injury means a. Physical injury that involves a substantial risk of death or b. Protracted and obvious physical disfigurement 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 indirectly results in nuclear reaction or radiation or radioactive contamination or 4. The terrorism is carried out by means of the dispersal or application of pathogenic or poisonous 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 terrorism and the circumstances in which the threshold will apply for the purpose of determining whether this exclusion will apply to that incident. AGR CU 5042 07 11 Page 1 of 2 | 2 |
Allianz Global Risks 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 to which this endorsement is applicable and includes but is not limited to bodily injury property damage personal injury and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part. 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 contained 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 Terrorism Risk Insurance Act 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 regardless 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 infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. 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 individual 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. All other terms and conditions remain unchanged. AGR CU 5042 07 11 Page 2 of 2 | 2 |
Allianz Global Risks EXCESS EMPLOYEE BENEFITS LIABILITY COVERAGE FOR USE WITH CLAIMS MADE COMMERCIAL UMBRELLA LIABILITY POLICY THIS ENDORSEMENT PROVIDES CLAIMS MADE COVERAGE PLEASE READ THE ENTIRE ENDORSEMENT CAREFULLY With respect to coverage provided under this endorsement the provisions of the policy apply unless modified by the endorsement. The following is added to Section Coverage E. EXCESS EMPLOYEE BENEFITS LIABILITY COVERAGE 1. We will pay those sums in excess of the retained limit that the insured becomes legally obligated to pay as damages because of any act error or omission of the insured or of any other person for whose acts the insured is legally liable to which this insurance applies. However a. The amount we will pay for damages is limited as described below in Section Ill Limits of Insurance and b. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for below under Section II. Defense. This insurance applies to damages only if a. The act error or omission is covered by collectible scheduled underlying insurance b. The act error or omission is negligently committed in the administration of your employee benefit program The act error or omission did not take place before the Retroactive Date if any shown for Employee Benefits Liability Coverage in the scheduled underlying insurance nor after the end of our policy period and A claim for damages because of an act error or omission is first made against the insured during our policy period or an Extended Reporting Period we provide under Section VI. B. of this endorsement. A claim seeking damages will be deemed to have been made at the times specified in the Employee Benefits Liability Coverage of the scheduled underlying insurance. However 1 Notice of an act error or omission is not notice of a claim and 2 In no event will an Extended Reporting Period under this Excess Employee Benefits Liability Coverage be longer than thirty six 36 months. For the purposes of the coverage provided by this endorsement Paragraph A. of Section Il. Defense is replaced by the following A. 1. We will have the right and duty to defend the insured against any suit seeking damages to which this insurance applies when all applicable limits of insurance under all underlying insurance have been exhausted by payments for acts errors or omissions to which this insurance applies. AGR CU 4002 11 11 Page 1 of 5 | 2 |
Allianz Global Risks When we have the duty to defend we will have the right to investigate any report of an act error or omission and settle any claim or suit that may result. 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 acts errors or omissions 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. Il For the purpose of the coverage provided by this endorsement Section Il Limits of Insurance is changed as follows A. Paragraph lll. A. is replaced by the following The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of 1 2. 3. 4 5 Insureds Claims made. suits brought or number of vehicles involved Persons or organizations making claims or bringing suits Acts errors or omissions or Benefits included in your employee benefit program. B. Paragraph IIl. D. is replaced by the following Each Occurrence Limit 1. Subject to Paragraph Ill. B. or Paragraph Ill. C. 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 bodily injury. property damage. personal injury and advertising injury arising out of any one occurrence and Subject to Paragraph Ill. B. the Each Occurrence Limit is the most we will pay under Excess Employee Benefits Liability Coverage for all damages and related settlement costs sustained by any one employee including damages sustained by such employee s dependents and beneficiaries as a result of a. An act error or omission or b. A series of related acts errors or omissions negligently committed in the administration of your employee benefit program. C. Paragraph lll. F. is replaced by the following Reduction or Exhaustion of Underlying Limits of Insurance 1. If the applicable limits of insurance of the scheduled underlying insurance are reduced by payments for negligent acts errors or omissions to which this insurance applies we will pay in excess of the reduced underlying limits of insurance. AGR CU 4002 11 11 Page 2 of 5 | 2 |
Allianz Global Risks If any applicable aggregate limit of insurance of the scheduled underlying insurance becomes exhausted during our policy period we will have no obligations under this insurance for claims made after the limit becomes exhausted unless the limit is reinstated under the scheduled underlying insurance or replacement insurance. D. Paragraph lll. G. is replaced by the following Retained Limit We will be liable only for that portion of compensatory damages in excess of the Retained Limit which is defined as the sum of all applicable limits of insurance under all underlying insurance. IV. Definitions A. Changed Definitions For the purposes of the coverage provided by this endorsement 1. 2. 3. 5. Claim has the meaning assigned to it in the scheduled underlying insurance. Employee has the meaning assigned to it in the scheduled underlying insurance. Insured paragraphs 1.b. 1.c. 2. and 3. are replaced by the following Each of the following is also an insured 1 Each of your employees who is or was authorized to administer your employee benefit program. 2 Any persons organizations or employees having proper temporary authorization to administer your employee benefit program if you die but only until your legal representative is appointed. 3 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 endorsement. Named Insured paragraph 3.c.2 is changed as follows Coverage afforded to any newly acquired organization does not apply to any act error or omission that was committed before you acquired or formed the organization. Suit has the meaning assigned to it in the scheduled underlying insurance. B. Additional Definitions For the purposes of the coverage provided by this endorsement the following definitions are added 1. Administration and Employee Benefit Program have the meanings assigned to them in the scheduled underlying insurance. Policy Period means the period of time from the effective date of this endorsement to the earlier of the expiration date shown in Item 2. of the Declarations or the effective date of termination of this policy or endorsement. However our policy period will end 1. On the date the scheduled underlying insurance is cancelled or not renewed if there is no replacement insurance or 2. On the date the applicable aggregate limit of insurance of the scheduled underlying insurance becomes exhausted unless the aggregate limit is reinstated or replace with other insurance. AGR CU 4002 11 11 Page 3 of 5 | 2 |
Allianz Global Risks V. Exclusions A. Controlling Exclusions This Excess Employee Benefits Liability insurance is subject to the applicable exclusions of the scheduled underlying insurance. However the exclusions in this policy shall apply in the event of any conflict between the exclusions of the scheduled underlying insurance and the exclusions of this policy. B. Additional Policy Exclusion The following is added to Section V. Exclusions The insurance afforded by this policy does not apply to bodily injury property damage personal injury or advertising injury arising out of any negligent act error or omission of the insured or of any other person for whom the insured is legally liable that is committed in the administration of your Employee Benefit Program. Administration and employee benefit program have the meanings assigned to them in the scheduled underlying insurance. V1. Conditions A. Changed Conditions For the purposes of the coverage provided by this endorsement 1. The title and Paragraph 1. of Condition E. Duties in the Event of Occurrence Claim or Suit are replaced by the following E. Duties in the Event of an Act Error or Omission or Claim or Suit 1. You must see to it that we are notified as soon as practicable of an act error or omission regardless of the amount which may result in a claim under this policy. To the extent possible notice should include a. What the act error or omission was and when it occurred and b. The names and addresses of anyone who may suffer damages as a result of the act error or omission. 2. Paragraph 1. of Condition K. Maintenance of Underlying Insurance is replaced by the following K. 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 for any renewal or replacement policies that provide equivalent coverage b. The terms and conditions of the scheduled underlying insurance will not materially change and c. The limits of insurance of the scheduled underlying insurance will not change except for any reduction of aggregate limits due to payments for acts errors or omissions 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. AGR CU 4002 11 11 Page 4 of 5 | 2 |
Allianz Global Risks B. Additional Condition The following Condition is added Extended Reporting Period 1. We will provide the Extended Reporting Period as described below if a. We cancel this endorsement for reasons other than nonpayment of premium b. We elect to nonrenew this endorsement c. Coverage under the scheduled underlying insurance is cancelled or not renewed during our policy period and an Extended Reporting Period is in effect under that insurance or d. The scheduled underlying insurance is replaced or renewed during our policy period with insurance that 1 Has a Retroactive Date later than the date shown for the replaced or renewed scheduled underlying insurance or 2 Does not apply to an act error or omission on a claims made basis and an Extended Reporting Period is in effect under the scheduled underlying insurance. In no event will we provide the Extended Reporting Period unless Employee Benefits Liability Coverage or an Extended Reporting Period is in effect under the scheduled underlying insurance. The Extended Reporting Period does not extend our policy period or change the scope of coverage provided. It applies only to claims for acts errors or omissions that were first committed before the end of our policy period but not before the Retroactive Date if any shown for Employee Benefits Liability Coverage in the scheduled underlying insurance. Once in effect the Extended Reporting Period may not be cancelled. The Extended Reporting Period is automatically provided without additional charge. This period starts with the end of our policy period and lasts for thirty six 36 months or the end of any applicable Extended Reporting Period under the scheduled underlying insurance whichever comes first. The 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. The Extended Reporting Period does not reinstate or increase the Limits of Insurance. VII. Section VIl EXTENDED REPORTING PERIODS of the policy does not apply with respect to the coverage afforded under this endorsement. All other terms and conditions remain unchanged. AGR CU 4002 11 11 Page 5 of 5 | 2 |
Allianz Policy Number ULA 2005572 Effective Date January 01 2015 SCHEDULE OF APPROVED CRISIS MANAGEMENT FIRMS THIS SCHEDULE FORMS A PART OF ENDORSEMENT AGRL CU 2002 CRISIS MANAGEMENT RESPONSE COST AND CRISIS MANAGEMENT LOSS COVERAGE EXTENSION ENDORSEMENT ATTACHED TO THIS POLICY. Approved Crisis Management Firms HILL KNOWLTON STRATEGIES NATIONAL LEAD WESTERN LEAD Bill Coletti EVP Steve Getzug SVP 1601 Cloverfield BI. Ste. 3000N 1601 Cloverfield BI. Ste. 3000N Santa Monica CA 90404 Santa Monica CA 90404 Office 310.633.9431 Office 310.633.9444 Fax 310.633.9401 Fax 310.633.9401 Cell 407.739.1843 Cell 213.219.8990 Bill.colettihkstrategies.com Steve.Getzughkstrategies.com CENTRAL LEAD Marvin Singleton SVP 200 Crescent Ct. Ste. 1030 Dallas TX 75201 Office 214.613.0218 Fax 214.363.3935 Cell 214.686.0259 Marvin.Singletonhkstrategies.com EASTERN LEAD Greg Hitt SVP 607 14 St. NW Ste. 500 Washington D.C. 20005 Office 202.354.8232 Fax 202.354.8201 Cell 202.669.1216 Greg.Hitthkstrategies.com Ste. 3000N 0404 31 01 43 egies.com Ste. 3000N tegies.com Ste. 500 20005 232 3201 216 tegies.com ategies.com Approved Crisis Management Firms shall also include a firm other than one shown above provided you notify us of your intent to hire such firm and we approve. Approval shall be deemed granted if we do not notify you of our disapproval within 3 business days of receiving the notice of your intent. AGRL CU 1601 01 13 Page 1 of 1 | 2 |
Allianz Policy Number ULA 2005572 Effective Date January 01 2015 CRISIS MANAGEMENT RESPONSE COST AND CRISIS MANAGEMENT LOSS COVERAGE EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY The following is added to SECTION COVERAGE H. CRISIS MANAGEMENT RESPONSE COSTS AND CRISIS MANAGEMENT LOSS COVERAGE EXTENSION SCHEDULE A Crisis Management Limits of Insurance Coverage A Crisis Management Response Costs Limit of 250000 Each Crisis Management Insurance Event 250000 Aggregate Coverage B Crisis Management Loss Limit of Insurance 50000 Each Crisis Management Event 50000 Aggregate WIEIaye D Wiiole Vidilaywllieiil LUee Liiint Ut flisulalive SCHEDULE B Approved Crisis Management Firms Refer to AGRL CU 1601 Schedule of Approved Crisis Management Firms attached. Or contact Allianz Global Risk Insurance Company Liability Claims Dept. 225 W. Washington Street Suite 1800 Chicago IL 60605 Phone Number 1.800.211.6647 Or fill out the on line claims reporting form available at www.agcs.allianz.comglobalofficesunitedstates Risk Insurance Company ns Dept. ington Street Suite 1800 0605 er 1.800.211.6647 SCHEDULE C Additional Key Executives unless listed below AGRL CU 2002 01 13 Page 1 of 3 | 2 |
Allianz 1. INSURING AGREEMENT CRISIS MANAGEMENT RESPONSE COSTS AND CRISIS MANAGEMENT LOSS Crisis Management Response Costs We will pay Crisis Management Response Costs on behalf of the Named Insured regardless of fault arising from a Crisis Management Event which first commences during our policy period up to the amount of the Crisis Management Response Costs Limit of Insurance. Crisis Management Loss We will pay Crisis Management Loss on behalf of the Named Insured arising from a Crisis Management Event which first commences during our policy period up to the amount of the Crisis Management Loss Limit of Insurance. A Crisis Management Event will be deemed to commence at the time when a Key Executive first becomes aware of a Crisis Management Event and will end when we determine that a crisis no longer exists or when the Crisis Management Response Costs Limit of Insurance has been exhausted whichever comes first. There will be no Retained Limit applicable to Crisis Management Response Costs or Crisis Management Loss. Any payment of Crisis Management Response Costs or Crisis Management Loss that we make under the coverage provided by this endorsement will not be an acknowledgement of coverage under any other part of this policy nor does it create any duty to defend any suit under any other part of this policy. 2. LIMITS OF INSURANCE The Crisis Management Response Costs Limit of Insurance is the most we will pay for all Crisis Management Response Costs under this policy regardless of the number of Crisis Management Events first commencing during our policy period. This Crisis Management Response Costs Limit of Insurance will be in addition to the applicable Limits of Insurance shown in the Declarations of this policy. The Crisis Management Loss Limit of Insurance is the most we will pay for all Crisis Management Loss under this policy regardless of the number of Crisis Management Events first commencing during our policy period. This Crisis Management Loss Limits of Insurance will be in addition to the applicable Limits of Insurance shown in the Declarations of this policy. We will have no obligation to pay Crisis Management Response Costs when we determine that a Crisis Management Event has ended or when the Crisis Management Response Costs Limit of Insurance has been exhausted whichever occurs first. The Crisis Management Limits of Insurance in Schedule A of this endorsement apply separately to each consecutive annual period and to any remaining period of less than twelve 12 months beginning with the inception date of our policy period shown in the Declarations. If our policy period is extended after issuance for an additional period of less than 12 months the additional period will be deemed to part of the last preceding period for purposes of determining the Crisis Management Limits of Insurance of this endorsement. 3. DEFINITIONS For the purpose of this endorsement only SECTION VI DEFINITIONS is amended to include the following definitions 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. Crisis Management Event includes man made disasters such as explosions major crashes multiple deaths burns dismemberment traumatic brain injury permanent paralysis or contamination of food drink or pharmaceuticals provided that they result from an occurrence. AGRL CU 2002 01 13 Page 2 of 3 | 2 |
Allianz Crisis Management Firm means any firm approved by us and shown in Schedule B Approved Crisis Management Firms of this endorsement which is hired by you to perform Crisis Management Services in connection with a Crisis Management Event. Crisis Management Loss means the following amounts incurred during a Crisis Management Event 1 Amounts for the reasonable and necessary fees and expenses incurred by a Crisis Management Firm in the performance of Crisis Management Services for the Named Insured solely arising from a covered Crisis Management Event and 2 Amounts for reasonable and necessary 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. Crisis Management Services means those services performed by a Crisis Management Firm in assisting the Named Insured in minimizing the potential harm to the Named Insured from a covered Crisis Management Event by maintaining and restoring public confidence in the Named Insured. Crisis Management Response Costs mean the following reasonable and necessary expenses incurred during a Crisis Management Event directly caused by a Crisis Management Event provided that such expenses have been pre approved by us and are associated with damages that would be covered by this policy 1 Medical Expenses 2 Funeral Expenses 3 Psychological counseling 4 Travel Expenses 5 Temporary Living Expenses 6 Expenses to secure the scene of a Crisis Management Event and 7 Any other expenses pre approved by us. Crisis Management Response Costs does not include defense costs or Crisis Management Loss. Crisis Management Response Costs Sub limits of Insurance means the Crisis Management Response Costs Limit of Insurance shown in Schedule A of this endorsement. Crisis Management Loss Limit of Insurance means the Crisis Management Loss Limit of Insurance shown in Schedule A of this endorsement. Key Executive means the Chief Executive Officer Chief Operating Officer Chief Financial Officer President General Counsel or general partner if the Named Insured is a partnership of the Named Insured or sole proprietor if the Named Insured is a sole proprietorship. A Key Executive also means any other person holding a title designated by you and approved by us which title is shown in Schedule C Additional Key Executives of this endorsement. All other terms and conditions remain unchanged. AGRL CU 2002 01 13 Page 3 of 3 | 2 |
Allianz Global Risks Policy Number ULA 2005572 Effective Date January 01 2015 DEFENSE EXPENSE IN ADDITION TO LIMITS For use with Claims Made Umbrella Policy This endorsement modifies insurance provided under the following CLAIMS MADE COMMERCIAL UMBRELLA LIABILITY POLICY This policy is amended as follows SECTION Il DEFENSE paragraph A. Duty to Defend is deleted and replaced in its entirety by the following 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 or settlements 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. SECTION Il DEFENSE paragraph B. Supplemental Payments is amended as follows Paragraph 2. is deleted in its entirety. SECTION Il LIMITS OF INSURANCE paragraphs B. C. and D. are deleted and replaced by the following B. The General Aggregate Limit is the most we will pay for the sum of all damages to which this insurance applies except 1. Damages and related settlement costs because of bodily injury or property damage AGRL CU 5014 11 11 Page 1 of 2 | 2 |
Allianz Global Risks Global Risks 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. C. The Products Completed Operations Aggregate Limit is the most we will pay for the sum of all damages because of bodily injury and property damage included in the products completed operations hazard. D. Subject to B. or C. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of all damages under this insurance because of all bodily injury property damage personal injury and advertising injury arising out of any one occurrence. SECTION IV DEFINITIONS is amended as follows Definition W. Settlements costs is deleted in its entirety. All other terms and conditions remain unchanged. AGRL CU 5014 11 11 Page 2 of 2 | 2 |
Allianz Policy Number ULA 2005572 Effective Date January 01 2015 LIMITATION ENDORSEMENT ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY COVERAGE This policy is amended as follows SECTION V EXCLUSIONS is amended to include the following Access or Disclosure of Confidential or Personal Information and Data Related Liability Damages for bodily injury property damage personal injury or advertising injury arising out of 1. Any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information or The loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses crisis management response costs or crisis management loss or any other loss cost or expense incurred by you or others arising out of that which is described in Paragraph 1. or 2. above. However this exclusion does not apply to the extent that coverage for such bodily injury property damage personal injury or advertising injury is provided by scheduled underlying insurance. AGRL CU 5018 05 14 Page 1 0f 1 | 2 |
Allianz Policy Number ULA 2005572 Effective Date January 01 2015 Amendatory Endorsement Claims Series Provisions Claims Made Form This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY This policy is amended as follows The following paragraph is added to SECTION COVERAGE E. All claims for damages because of bodily injury property damage personal injury or advertising injury which are attributable to the same actual or alleged event condition cause defect or hazard including the failure to warn of such will be treated as one occurrence and deemed to have been made at the time the first of those claims is made against any insured irrespective when such damages arose the number or amount of such damages or subsequent claims made or suits brought or the number of persons or organizations making claims or bringing suits. All other terms and conditions remain unchanged. AGRL CU 5021 m 09 14 Page 1 of 1 | 2 |
Allianz Allianz Global Risks US Insurance Company Policy Number ULA 2005572 Effective Date January 01 2015 Effective Date January 01 2015 Ohio Amendatory Policy Amendment COMMERCIAL UMBRELLA LIABILITY POLICY The following is added to the policy SECTION VI CONDITIONS C. Cancellation subsection 2 is deleted and replaced by the following. 2. We may cancel this policy by mailing or delivering to the first named insured written notice of cancella tion at least a. 10 days before the effective date of cancellation if we cancel for non payment of premium or b. 90 days before the effective date of cancellation if we cancel for any other reason. c. If this policy has been in effect for more than ninety 90 days we may cancel only for one or more of the following reasons 1 Nonpayment of premium 2 Discovery of fraud or material misrepresentation in the procurement of the insurance or with re spect to any claims submitted there under 3 Discovery of a moral hazard or willful of reckless acts or omissions on the part of the Named In sured that increase any hazard insured against 4 The occurrence of a change in the individual risk which substantially increases any hazard in sured against after insurance coverage has been issued or renewed except to the extent that we reasonable should have foreseen the change or contemplated the risk in writing this policy 5 Loss of applicable reinsurance or a substantial decrease in applicable reinsurance if the Super intendent of Insurance has determined that reasonable efforts have been made to prevent the loss of or substantial decrease in the applicable reinsurance or to obtain replacement cover age 6 Failure of an Insured to correct material violations of safety codes or to comply with reasonable written loss control recommendations or 7 A determination by the Superintendent of Insurance that the continuation of this policy would create a condition that would be hazardous to the policyholders or the public. If this policy is written for a term longer than one 1 year we may cancel for any reason at the anniversary date upon thirty 30 days advance written notice. This Form must be attached to the Change Endorsement when issued after the policy is written. All other terms and conditions of the policy remain unchanged AGRL CU OHO1 07 11 Page 1 of 1 | 2 |
Allianz TERRORISM RISK INSURANCE ACT EXPIRATION INFORMATION The federal Terrorism Risk Insurance Act Of 2002 as amended hereinafter referred to as the Act is scheduled to terminate on December 31 2014. The future of this law is unknown at this time. Nonetheless our proposal includes coverage against terrorism as defined in the Act. Please read the attached POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE as well as the information regarding the offer of coverage on the Quotation Letter. Since we can not provide stand alone terrorism coverage please note that the offer specified therein is and void if the Liability Coverage quoted in the Quote Letter is not bound. If you reject the Offer of Terrorism Coverage an exclusion of coverage for Acts of Terrorism will be attached to the policy issued. If you accept the offer of Terrorism Coverage the endorsements attached to the policy reflect the current provisions of the Act. Our Offer of Terrorism coverage included in this quote is not contingent upon the renewal of the Act however in the event that the Act is not renewed or the Liability coverage quoted is no longer eligible for reinsurance by the Federal Government under any revised provision of the Act or such reinsurance as is provided is substantially reduced we reserve the right to revise the premium quoted. The revision in price for the quoted policy term will not exceed 2 two times the amount quoted for TRIA. We also reserve the right to replace or amend any endorsements referencing provisions of the Act which may be changed as a result of any extension of revision of the Act. AGRL IL 8T03 11 14 Page 10f 1 Allianz TERRORISM RISK INSURANCE ACT EXPIRATION INFORMATION The federal Terrorism Risk Insurance Act Of 2002 as amended hereinafter referred to as the Act is scheduled to terminate on December 31 2014. The future of this law is unknown at this time. Nonetheless our proposal includes coverage against terrorism as defined in the Act. Please read the attached POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE as well as the information regarding the offer of coverage on the Quotation Letter. Since we can not provide stand alone terrorism coverage please note that the offer specified therein is and void if the Liability Coverage quoted in the Quote Letter is not bound. If you reject the Offer of Terrorism Coverage an exclusion of coverage for Acts of Terrorism will be attached to the policy issued. If you accept the offer of Terrorism Coverage the endorsements attached to the policy reflect the current provisions of the Act. Our Offer of Terrorism coverage included in this quote is not contingent upon the renewal of the Act however in the event that the Act is not renewed or the Liability coverage quoted is no longer eligible for reinsurance by the Federal Government under any revised provision of the Act or such reinsurance as is provided is substantially reduced we reserve the right to revise the premium quoted. The revision in price for the quoted policy term will not exceed 2 two times the amount quoted for TRIA. We also reserve the right to replace or amend any endorsements referencing provisions of the Act which may be changed as a result of any extension of revision of the Act. AGRL IL 8T03 11 14 Page 1 of 1 TERRORISM RISK INSURANCE ACT EXPIRATION INFORMATION The federal Terrorism Risk Insurance Act Of 2002 as amended hereinafter referred to as the Act is scheduled to terminate on December 31 2014. The future of this law is unknown at this time. Nonetheless our proposal includes coverage against terrorism as defined in the Act. Please read the attached POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE as well as the information regarding the offer of coverage on the Quotation Letter. Since we can not provide stand alone terrorism coverage please note that the offer specified therein is and void if the Liability Coverage quoted in the Quote Letter is not bound. If you reject the Offer of Terrorism Coverage an exclusion of coverage for Acts of Terrorism will be attached to the policy issued. If you accept the offer of Terrorism Coverage the endorsements attached to the policy reflect the current provisions of the Act. Our Offer of Terrorism coverage included in this quote is not contingent upon the renewal of the Act however in the event that the Act is not renewed or the Liability coverage quoted is no longer eligible for reinsurance by the Federal Government under any revised provision of the Act or such reinsurance as is provided is substantially reduced we reserve the right to revise the premium quoted. The revision in price for the quoted policy term will not exceed 2 two times the amount quoted for TRIA. We also reserve the right to replace or amend any endorsements referencing provisions of the Act which may be changed as a result of any extension of revision of the Act. | 2 |
Allianz Global Risks Policy Number ULA 2005572 Effective Date January 01 2015 NAMED INSURED ENDORSEMENT This endorsement modifies insurance provided under the following CLAIMS MADE COMMERCIAL UMBRELLA LIABILITY POLICY This policy is amended as follows It is agreed that the Named Insured as shown on the Declarations is completed to read as follows Nease Corporation Corden Pharma Colorado Inc. WeylChem Augusta Corporation WeylChem US Inc. Ruetgers Organic North America Corp. ICI Inc. Corden USA LLC. WeylChem International Inc. Corden Pharma International Inc. All other terms and conditions remain unchanged. AGR IL M0O1 11 03 Page 1 of 1 | 2 |
Allianz Global Risks Policy Number ULA 2005572 Effective Date January 01 2015 RETROACTIVE DATES ENDORSEMENT This endorsement modifies insurance provided under the following CLAIMS MADE COMMERCIAL UMBRELLA LIABILITY POLICY Item 4. of the Declarations Retro Date is completed to read as follows Nease Corporation WeylChem Augusta Corporation WeylChem US Ruetgers Organic North America Corden Pharma Colorado Inc. 12012005 12012005 06292007 01252011 09012011 All other terms and conditions remain unchanged. AGR IL M0O1 11 03 Page 1 of 1 | 2 |
EXCESS LIABILITY INSURANCE POLICY Insurer Twin City Fire Insurance Company One Hartford Plaza Hartford CT. 06155 DECLARATIONS POLICY NO. 37 xs oN0441 Previous Policy No. NEW Iltems 1. Named Insured and Mailing Address IPT HOLDINGS LLC The Named Insured is Individual 675 W. KNOX RD M TEMPE AZ 85284 Partnership Joint Venture Corporation x Organization Other than a Partnership or Joint Venture 2. Policy Period 07312014 07312015 1201a.m. SIangard Time at the addre5 of Inception Date Expiration Date the first named insured as stated herein. Producer s Name and Address Producer s Code No. LOCKTON COMPANIES LLC 284369 444 WEST 47TH STREET SUITE 900 KANSAS CITY MO 64112 3. Audit Period is the Policy Period unless otherwise herein stated Semi Annual Quarterly Monthly Annual x Not subject to Audit 4. Deposit Premium 31916 which is A Flat Charge Per Each Policy Period Adjustable at the end of each Audit Period Per Minimum Retained Audit Premium NOT APPLICABLE Premium Computation Endorsement Minimum Retained Premium 15958 not subject to adjustment in the event of cancellation by you. Applicable State Surcharges yor ApPLICABLE 5. Limits of Liability The Limits of Liability subject to all the terms of this policy that apply are 10000000. EACH OCCURRENCE 10000000. PERSONAL AND ADVERTISING INJURY 10000000. AGGREGATE 6. Total Limits of Liability All Underlying Insurance Policies 1000000. See EXTENSION SCHEDULE forming a part of this policy for details. 7. Controlling Underlying Insurance Policy xn9921 See EXTENSION SCHEDULE forming a part of this policy for details. 8. Business Description DISTRIBUTOR INDUSTRIAL PUMP VALVE EQUIPMENT 9. Form Numbers of Policy Provisions and Endorsements forming a part of this policy SEE LISTING OF POLICY PROVISIONS AND ENDORSEMENTS FORMING A PART OF THE POLICY AT ISSUE. This policy will not be valid unless countersigned by our duly authorized representative. Countersigned by Where required by law Authorized Representative 08112014 Form XN 00 03 15 ED. 0107 Page 1 of 1 c 2006 The Hartford n 07312015 Expiration Date | 2 |
Policy Number 37 xs on0441 Effective Date 07312014 Named Insured and Address HOLDINGS LLC 675 W. KNOX RD TEMPE AZ 85284 EXTENSION SCHEDULE OF UNDERLYING INSURANCE POLICIES EXCESS LIABILITY POLICY Insurer Policy Number Period Type of Coverage Underlying Limits Controlling Underlying Ins. CONTROLLING UNDER THE HARTFORD LYING INSURANCE 2000000. AGGREGATE 37 CES OF5901 POLICY 1000000. EACH OCCURRENCE 07312014 07312015 General Liability 1 Expenses x Are in Addition to Limit Reduce Limit Are Self Insured and In Addition to Limit 2 Duty to defend all covered claims or suits either in the controlling underlying insurance policy or in all other underlying insurance Yes No 3 Form x OCCURRENCE cLAIMS MADE Retro Date See Item 6. of Declarations for Total Limits of Liability All Underlying Insurance Policies and any additional Extension Schedule pages showing Underlying Layers Excess of Cont rolling Underlying Insurance Policy. PLEASE REFER TO THE MAINTENANCE OF UNDERLYING INSURANCE CONDITION AND DEFINITION OF UNDERLYING INSURANCE IN THIS POLICY. As used in this Schedule Expenses refers to all reasonable expenses and costs other than the amount of any settlement incurred with respect to investigation settlement or defense of claims or suits. Except as otherwise provided by this policy the insurance afforded herein shall follow all the terms conditions definitions and exclusions of the controlling underlying insurance policy. ility Limit 7 es No CURRENCE AIMS MADE tro Date Page L of Form XN 99 21 13 ED. 0195 Printed in U.S.A. NS c 1995 The Hartford | 2 |
Policy Number 37 xs on0441 Effective Date 07312014 Named Insured and Address HOLDINGS LLC 675 W. KNOX RD TEMPE AZ 85284 EXTENSION SCHEDULE OF UNDERLYING INSURANCE POLICIES EXCESS LIABILITY POLICY Insurer Policy Number Period Type of Coverage Underlying Limits Controlling Underlying Ins. CONTROLLING UNDER THE HARTFORD LYING INSURANCE 2000000. AGGREGATE 37 CES OF5901 POLICY 1000000. EACH OCCURRENCE 07312014 07312015 Products Liability 1 Expenses x Are in Addition to Limit Reduce Limit Are Self Insured and In Addition to Limit 2 Duty to defend all covered claims or suits either in the controlling underlying insurance policy or in all other underlying insurance Yes No 3 Form x OCCURRENCE cLAIMS MADE Retro Date See Item 6. of Declarations for Total Limits of Liability All Underlying Insurance Policies and any additional Extension Schedule pages showing Underlying Layers Excess of Cont rolling Underlying Insurance Policy. PLEASE REFER TO THE MAINTENANCE OF UNDERLYING INSURANCE CONDITION AND DEFINITION OF UNDERLYING INSURANCE IN THIS POLICY. As used in this Schedule Expenses refers to all reasonable expenses and costs other than the amount of any settlement incurred with respect to investigation settlement or defense of claims or suits. Except as otherwise provided by this policy the insurance afforded herein shall follow all the terms conditions definitions and exclusions of the controlling underlying insurance policy. bility Limit 7 es No CURRENCE AIMS MADE tro Date Page 2 of Form XN 99 21 13 ED. 0195 Printed in U.S.A. NS c 1995 The Hartford | 2 |
Policy Number 37 xs on0441 Effective Date 07312014 Named Insured and Address HOLDINGS LLC 675 W. KNOX RD TEMPE AZ 85284 EXTENSION SCHEDULE OF UNDERLYING INSURANCE POLICIES EXCESS LIABILITY POLICY Insurer Policy Number Period Type of Coverage Underlying Limits Controlling Underlying Ins. CONTROLLING UNDER THE HARTFORD LYING INSURANCE 1000000. PER ACCIDENT 37 AB PP0416 HI POLICY 07312014 07312015 Auto Liability 1 Expenses x Are in Addition to Limit Reduce Limit Are Self Insured and In Addition to Limit 2 Duty to defend all covered claims or suits either in the controlling underlying insurance policy or in all other underlying insurance Yes No 3 Form x OCCURRENCE cLAIMS MADE Retro Date See Item 6. of Declarations for Total Limits of Liability All Underlying Insurance Policies and any additional Extension Schedule pages showing Underlying Layers Excess of Cont rolling Underlying Insurance Policy. PLEASE REFER TO THE MAINTENANCE OF UNDERLYING INSURANCE CONDITION AND DEFINITION OF UNDERLYING INSURANCE IN THIS POLICY. As used in this Schedule Expenses refers to all reasonable expenses and costs other than the amount of any settlement incurred with respect to investigation settlement or defense of claims or suits. Except as otherwise provided by this policy the insurance afforded herein shall follow all the terms conditions definitions and exclusions of the controlling underlying insurance policy. ty Limit 7 es No CURRENCE AIMS MADE tro Date Page 3 of Form XN 99 21 13 ED. 0195 Printed in U.S.A. NS c 1995 The Hartford | 2 |
Policy Number 37 xs on0441 Effective Date 07312014 Named Insured and Address HOLDINGS LLC 675 W. KNOX RD TEMPE AZ 85284 EXTENSION SCHEDULE OF UNDERLYING INSURANCE POLICIES EXCESS LIABILITY POLICY Insurer Policy Number Period Type of Coverage Underlying Limits Controlling Underlying Ins. CONTROLLING UNDER THE HARTFORD LYING INSURANCE 1000000. PER ACCIDENT 37 UUN VT4158 POLICY 07312014 07312015 Auto Liability 1 Expenses x Are in Addition to Limit Reduce Limit Are Self Insured and In Addition to Limit 2 Duty to defend all covered claims or suits either in the controlling underlying insurance policy or in all other underlying insurance Yes No 3 Form x OCCURRENCE cLAIMS MADE Retro Date See Item 6. of Declarations for Total Limits of Liability All Underlying Insurance Policies and any additional Extension Schedule pages showing Underlying Layers Excess of Cont rolling Underlying Insurance Policy. PLEASE REFER TO THE MAINTENANCE OF UNDERLYING INSURANCE CONDITION AND DEFINITION OF UNDERLYING INSURANCE IN THIS POLICY. As used in this Schedule Expenses refers to all reasonable expenses and costs other than the amount of any settlement incurred with respect to investigation settlement or defense of claims or suits. Except as otherwise provided by this policy the insurance afforded herein shall follow all the terms conditions definitions and exclusions of the controlling underlying insurance policy. ty Limit 7 es No CURRENCE AIMS MADE tro Date Page 4 of Form XN 99 21 13 ED. 0195 Printed in U.S.A. NS c 1995 The Hartford | 2 |
Policy Number37 xs on0441 Effective Date 07312014 Named Insured and Address HOLDINGS LLC j 675 W. KNOX RD TEMPE AZ 85284 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LISTING OF POLICY PROVISIONS AND ENDORSEMENTS FORMING A PART OF THE POLICY AT ISSUE The following is a listing of policy provisions and endorsements by Form Number and Title that form a part of the policy at issue. FORM NUMBER TITLE XN000816 06 05 EXCESS LIABILITY INSURANCE POLICY POLICY PROVISIONS GN990113 10 91 INSTALLMENT PAYMENT PLAN GN990113 10 91 XN980216 03 12 CONFIRMATION OF COVERAGE ELECTION POLICYHOLDERS OF UMBRELLA OR EXCESS LIABILITY INS POLICIES CAP ON LOSSES FROM CERTIFIED ACT OF TERRORISM GS2170 03 12 GN311713 06 99 EXCLUSION DESIGNATED ENTITIES XN240114 12 98 LIMITATION ENDORSEMENT AUTO LIABILITY XN006813 12 10 12 10 RECORDING AND DISTRIBUTION OF MATERIAL OR INFORMATION IN VIOLATION OF LAW EXCLUSION 10 91 ARIZONA CHANGES CANCELLATION NONRENEWAL GN025813 G3418 0 PRODUCER COMPENSATION NOTICE nan nan nan nan 10.0 IH9940 04 09 U.S. DEPT OF THE TREASURY OFFICE OF FOREIGN ASSETS CONTROL OFAC ADVISORY NOTICE TO POLICYHOLDERS 12 06 AMENDATORY ENDORSEMENT nan nan nan nan 11.0 GN010415 nan nan nan nan 12.0 IH9941 04 09 TRADE OR ECONOMIC SANCTIONS ENDORSEMENT Form GN 99 19 14 ED. 0495 Printed in U.S.A. NS c 1995 The Hartford | 2 |
EXCESS LIABILITY INSURANCE POLICY POLICY PROVISIONS Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and what is not covered. Throughout this policy the words you and your refer to the Named Insured 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 stock insurance company member of THE HARTFORD shown on the Declarations Page as the insurer. The word insured means any person or organization qualifying as such under WHO IS AN INSURED SECTION 1. Other words and phrases that appear in quotation marks are defined in SECTION V DEFINITIONS of this policy. In consideration of the payment of the premium when due and a. Inreliance upon the statements made in the Declarations and b. Subject to the Limits of Liability Exclusions Definitions Conditions and all other terms of this policy including those modified replaced by or added by endorsements we issue forming a part of this policy we agree with you as follows SECTION I COVERAGES 1. Insuring Agreement. a. We will pay on behalf of the insured those defense of any insured or investigation or settlement of any claim or suit. sums that the insured shall become legally obligated to pay as damages which are 1 Because of any injury or damage for which insurance is afforded by the controlling underlying insurance policy and Not excluded or modified by the Exclusions Conditions Definitions or any other terms of this policy But only to the extent that such damages are in excess of the total limits of underlying insurance that have been reduced or exhausted solely by payment of that portion of judgments or settlements to which this policy applies. We may at our discretion investigate any occurrence or offense in a. above and settle any claim or suit that may result. But 1 We shall not be obligated to assume charge of participate in or pay for the However if a claim or suit in our opinion involves or is reasonably likely to involve payment of damages by us under this policy we shall at our own expense have the right but not the duty to investigate and assign counsel in addition to any defense counsel assigned by or on behalf of the insured or its underlying insurers. Such additional counsel shall have the right to participate in the defense of any insured or the investigaton or settlement of any claim or suit on our behalf. If we avail ourselves of the foregoing rights the insured its underlying insurers and we shall cooperate in such investigation defense or settlement. In no event will we contribute to any costs or expenses incurred by any underlying insurer defense of any insured or investigation or settlement of any claim or suit. However if a claim or suit in our opinion involves or is reasonably likely to involve payment of damages by us under this policy we shall at our own expense have the right but not the duty to investigate and assign counsel in addition to any defense counsel assigned by or on behalf of the insured or its underlying insurers. Such additional counsel shall have the right to participate in the defense of any insured or the investigaton or settlement of any claim or suit on our behalf. If we avail ourselves of the foregoing rights the insured its underlying insurers and we shall cooperate in such investigation defense or settlement. In no event will we contribute to any costs or expenses incurred by any underlying insurer Form XN 00 08 16 ED. 0605 Page 1 of 14 2005 The Hartford Includes copyrighted material of Insurance Services Office Inc. with its permission. | 0 |
EXCESS LIABILITY INSURANCE POLICY c. 2 Any right or opportunity we have exercised to participate in the defense ends at our discretion but in all events ends when we have used up the limit of liability in the payment of judgments or settlements to which this policy applies and The amounts we will pay for damages is limited as described in LIMITS OF LIABILITY SECTION 1Il. No obligation to pay claim expenses or any other liability to pay sums or perform acts or services is covered unless explicitly provided for under the SUPPLEMENTARY PAY MENTS section of this policy. This policy applies to injury or damage in 1.a. only if such injury or damage 1 Is caused by an occurrence that takes place in the coverage territory and b Occurs during the policy period or 2 a Is caused by an offense committed in the coverage territory and b The offense is committed during the policy period. Cl 2. Exclusions. This policy does not apply to a. Remedies Other Than Damages Fines penalties restitutionary or equitable relief. Uninsured or Underinsured Motorists Any claim for Uninsured or Underinsured Motorists Coverage. No Fault Any claim for Personal Injury Protection Property Protection or similar no fault coverage by whatever name called. Workers Compensation and Similar Law Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. Employer s Liability Any injury or damage to 1 An employee of the insured in any state where either prior to or at any time during the policy period any insured or any employee of any insured expressly or otherwise rejects does not subscribe to or has not complied with the workers compensation unemployment compensation disability benefits law or any similar law of that state Any leased workers or The spouse child parent brother or sister of that employee or leased worker as a consequence of 1 or 2 above. Exclusions 1 2 and 3 apply a Whether the insured may be liable as an employer or in any other capacity b To any obligation to share damages with or repay someone else who must pay damages because of the injury and c Whether or not liability for any of the above is assumed by the insured under any contract or agreement even if under an insured contract. Pollution 1 Any injury or damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a At or from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph a does not apply to injury e Form XN 00 08 16 ED. 0605 Page 2 of 14 | 1 |
EXCESS LIABILITY INSURANCE POLICY S or damage arising out of heat smoke or fumes from a hostile fire At or from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste Which are or were at any time transported handled stored treated disposed of or processed as waste by or for any insured or any person or organization for whom you may be legally responsible At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations To the extent that any such injury or damage is included in the products completed operations hazard That are or that are contained in any property that is i Being transported or towed by or handled for movement into onto or from the covered auto i Otherwise in the course of transit by any insured or Being stored disposed of treated or processed in or upon the covered auto Before the pollutants or any property in which the pollutants are contained are moved from the place where they are accepted by any insured for movement into or onto the covered auto or After the pollutants or any property in which the i pollutants are contained are moved from the covered auto to the place where they are finally delivered disposed of or abandoned by any insured. 2 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 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. However this paragraph 2 does not apply to liability for damages because of property damage that the insured would have in the absence of such request demand order or statutory or regulatory requirement or such claim or suit by or on behalf of a governmental authority. Coverage afforded by reason of any exceptions set forth in paragraphs 1 and 2 applies only to the extent iy Of the scope of coverage provided by the underlying insurance but in no event shall coverage be broader than the scope of coverage provided by this policy and any endorsements attached thereto and That such coverage provided by the underlying insurance is maintained having limits as set forth in the Extension Schedule of Underlying Insurance. Aircraft Products Any injury or damage included within the products completed operations hazard G i Form XN 00 08 16 ED. 0605 Page 3 of 14 | 1 |
EXCESS LIABILITY INSURANCE POLICY arising out of the design manufacture sale handling or distribution of aircraft products or reliance upon any representation or warranty made with respect thereto or to any liability arising out of the grounding of any aircraft. Itis also agreed that this policy shall not apply to any liability assumed by the insured under any contract or agreement if such liability arises out of aircraft products designed manufactured sold handled or distributed by the insured or by others trading under his or her name. Asbestos Any injury damages loss costs or expenses including but not limited to bodily injury property damage or personal and advertising injury arising out of or relating to in whole or in part the asbestos hazard that 1 May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the asbestos hazard 2 Arise out of any request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove encapsulate contain treat detoxify or neutralize or in any way respond to or assess the effects of an asbestos hazard or Arise out of any claim or suit for damages because of testing for monitoring cleaning up removing encapsulating containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of an asbestos hazard. As used in this exclusion asbestos hazard means an exposure or threat of exposure to the actual or alleged properties of asbestos and Cl includes the mere presence of asbestos in any form. Employee Retirement Income Security Act Any liability arising out of intentional or unintentional violation of any provision of the Employee Retirement Income Security Act of 1974 Public Law 93 406 commonly referred to as the revision act of 1974 or any amendments to them. Employment Related Practices Any injury or damage to 1 A person arising out of any employment related practices or 2 The spouse child parent brother or sister of that person as a consequence of any injury or damage to that person at whom any of employment related practices are directed. This exclusion applies 1 Whether the insured may be held 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. Contractual Liability Any injury or 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 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 or That the insured would have in the absence of the contract or agreement. S Form XN 00 08 16 ED. 0605 Page 4 of 14 | 1 |
EXCESS LIABILITY INSURANCE POLICY Prior Knowledge Any injury or damage if such injury or damage is a continuation of or arises out of injury or damage that commenced prior to the inception date of the policy and if any insured knew or should have known of such injury or damage.. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. Limited Underlying Coverage Any injury damage loss cost or expense including but not limited to bodily injury property damage or personal and advertising injury for which 1 An underlying insurance policy or policies specifically provides coverage but Because of a provision within the underlying insurance such coverage is provided at a limit or limits of insurance that are less than the limits for the underlying insurance policy or policies shown on the Schedule of Underlying Insurance Policies. Distribution Of Material In Violation Of Statutes Any injury or 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 or 3 Any statute ordinance or regulation other than the TCPA or CAN SPAM Act of 2003 that prohibits or limits the sending transmitting communicating or distribution of material or information. p. War Any injury or 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 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. SUPPLEMENTARY PAYMENTS Only to the extent not covered by underlying insurance we will pay the following 1. All claim expenses we incur. 2. The following in the ratio that our liability for the judgment rendered or settiement made bears to the whole amount of such judgment or settlement a. Claim expenses incurred by the insured with our written consent. However if a claim or suit is settled or results in a judgment for a sum within the limits of the underlying insurance none of the claim expenses incurred by the insured are payable by us b. Up to 1000 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which this policy applies. We do not have to furnish these bonds Form XN 00 08 16 ED. 0605 Page 5 of 14 | 1 |
EXCESS LIABILITY INSURANCE POLICY c. The cost of bonds to release attachments but only for bond amounts within the applicable limit of liability. We do not have to furnish these bonds d. Aninsured s actual loss of earnings up to 250 per day resulting from time off from work because of our request for assistance in the investigation or defense of a claim or suit and e. All costs taxed against the insured in the suit. 3. The interest on that portion of a judgment or settlement in excess of the amount of the underlying insurance 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 liability. Any amounts paid under 1. through 3. above will not reduce the limits of liability. SECTION II WHO IS AN INSURED The following is an insured 1. Any person or organization who is an insured under the controlling underlying insurance policy with limits of liability at least as high as set forth in the Extension Schedule of Underlying Insurance subject to all the limitations upon coverage and all other policy terms and conditions of such controlling underlying insurance policy and this policy. 2. Any organization you newly acquire or form other than a partnership joint venture or limited liability company which is a legally incorporated entity of which you own a financial interest of more than 50 of the voting stock will qualify as a Named Insured. However a. 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 b. The provision does not apply to any injury or damage that occurred before you acquired or formed the organization and c. This provision does not apply to injury or damage arising out of an offense committed before you acquired or formed the organization. This paragraph 2. applies only if such persons or organizations are insured under the controlling underlying insurance policy and any underlying insurance with limits of liability at least as high as set forth in the Extension Schedule of Underlying Insurance subject to all the limitations upon coverage and all other policy terms and conditions of the controlling underlying insurance policy and this policy. No person or organization is an insured with respect to any newly acquired organization that has not been reported within the time period in the provisions set forth in paragraph 2.a. above and that is not shown as a Named Insured in the Declarations. SECTION III LIMITS OF LIABILITY 1. Subject to item 1.a. of the Insuring Agreement the Limits of Liability shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought c. Persons or organizations making claims or bringing suits d. Coverages under which damages are covered under this policy or e. Autos aircraft or watercraft to which this policy applies. 2. If the Limits of Liability stated in Item 5. of the Declarations are on a Quota Share Basis our Limit of Liability shall be the quota share percentage so stated of all damages to which this policy applies in excess of underlying insurance up to the limits so stated. If the Limits of Liability stated in Item 5. of the Declarations are on a Full Limits Basis our Limit of Liability shall be the amount of all damages to which this policy applies in excess of underlying insurance up to the limits so stated. 3. The Aggregate Limit is the most we will pay for the sum of all damages to which this policy applies. Form XN 00 08 16 ED. 0605 Page 6 of 14 | 1 |
EXCESS LIABILITY INSURANCE POLICY 4. Subject to 2. and 3. above the Each Occurrence Limit or the Personal and Advertising Injury Limit set forth in the Declarations is the most we will pay for any one occurrence or for the sum of all damages because of all personal and advertising injury sustained by any one person or organization respectively. 5. If you have agreed in a written contract or written agreement that another person or organization be added as an additional insured on your policy the most we will pay on behalf of such additional insured is the lesser of a. The limits of liability specified in the written contract or written agreement or b. The Limits of Liability shown in the Declarations. The Limits of Liability of this policy apply separately to each policy period. If the policy period is extended after issuance for an additional period such additional period will be deemed part of the policy period for purposes of determining the Limits of Liability. SECTION IV CONDITIONS 1. Appeals. In the event the insured or the underlying insurer elects not to appeal a judgment in excess of the underlying insurance we may at our option make such appeal at our cost and expense although we will in no event be obligated to post or obtain any appeal bond but we will under those circumstances pay for the cost of such a bond obtained by the insured. We shall be liable in addition to the limit of liability for taxable costs and disbursements and interest incidental thereto. If a judgment is rendered in excess of the limits of the underlying insurance and we offer to pay our full share of such judgment but you or your underlying insurers elect to appeal it you your underlying insurers or both together will bear a. The cost of obtaining any appeal bond b. All claim expenses taxable costs disbursements and additional interest incidental to such appeal and c. Any increase in damages over the amount the matter could have been settled for after the verdict was entered and before the appeal was filed. 2. Bankruptcy. Bankruptcy or insolvency of the insured or of an insured s estate will not relieve us of our obligations under this policy. 3. Cancellation. a. The first named insured may cancel this policy by 1 Mailing or delivering to us advance written notice of cancellation or 2 Surrendering the policy to us or to any of our authorized agents. b. We may cancel this policy by mailing or delivering to the first named insured written notice of cancellation at least 1 10 days before the effective date of cancellation if we cancel for non payment of any premium when due or 2 60 days before the effective date of cancellation if we cancel for any other reason. The 10 days or 60 days in 1 and 2 above are replaced by longer minimum number of days requirements if any of the state shown as the first named insured s mailing address shown in the Declarations. c. We will mail or deliver our notice to the last mailing address known to us of the first named insured. d. Notice of cancellation by us will state the effective date of the cancellation. The policy period will end on that date. e. 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 Named Insured cancels we shall compute the return premium at 90 of the pro rata unearned premium. Form XN 00 08 16 ED. 0605 Page 7 of 14 | 1 |
EXCESS LIABILITY INSURANCE POLICY We shall in any event be entitled to retain any Minimum Retained Premium stated in the Declarations. f. I notice is mailed proof of mailing will be sufficient proof of notice. g. Premium adjustment may be made either at the time cancellation is effected or as soon as practicable after cancellation becomes effective but payment or tender of unearned premium is not a condition of cancellation. 4. Changes. This policy contains all the agreements between you and us concerning the insurance afforded. The first named insured is authorized on behalf of all insureds to agree with us on all changes in the terms of this policy. If the terms are changed the changes will be shown in an endorsement issued by us and made a part of this policy. 5. 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 which may result in a claim under this policy. This requirement applies only when such occurrence or offense is known to any of the following 1 You or any additional insured that is an individual 2 Any executive officer or insurance manager if you or an additional insured are a corporation 3 Any elected or appointed official if you or an additional insured is a political subdivision or public entity 4 Any partner if you or an additional insured are a partnership 5 Any member if an insured or an additional insured is a joint venture or limited liability company or 6 Any trustee if you or an additional insured is a trust. This duty applies separately to you and any additional insured. To the extent possible notice should include 1 How when and where the occurrence or offense took place The names and addresses of any injured persons and witnesses and The nature and location of any injury or damage arising out of the occurrence or offense. 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 Notify us in writing as soon as practicable if the claim is likely to exceed the amount of the underlying insurance. 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 involving or likely to involve a sum in excess of any underlying insurance 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this policy or any underlying insurance applies 5 Furnish us the following as soon as practicable 3 Form XN 00 08 16 ED. 0605 Page 8 of 14 | 1 |
EXCESS LIABILITY INSURANCE POLICY a Complete information on all claims reserved for 50 or more of the amount of the underlying insurance Complete information on all claims including multiple claims arising out of an occurrence or offense which might require payment in excess of underlying insurance and Maintain adequate claim records and supporting data which document reserves for payment of claims dates and amounts of any settlements including specific identification of claim expenses incurred and paid. d. No insureds will except at that insured s own cost make or agree to any settlement for a sum in excess of the total limits of underlying insurance without our consent. e. No insureds wil except at that insured s own cost make a payment assume any obligation or incur any expense other than first aid without our consent. 6. 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. We may do the same as to the books and records of any organization you newly acquire or form that is deemed to be a Named Insured under this policy. 7. Inspections And Surveys. We have the right but are not obligated to a. Make inspections and surveys at any time b. Give you reports on the conditions we find and c. Recommend changes. G Cl Any inspections surveys reports or recommendations relate only to insurability and the premiums to be charged. Such inspections are not safety inspections. We do not undertake any duty to provide for the health or safety of any person. And we do not represent or warrant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. 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 on this policy unless all of its terms and those of the controlling underlying insurance policy have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this policy or that are in excess of the limit of liability. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. Maintenance of Underlying Insurance. Policies affording in total at least the coverage and limits stated in the Extension Schedule of Underlying Insurance Policies shall be maintained in full effect during the currency of this policy. Your failure to comply with the foregoing shall not invalidate this policy but in the event of such failure we shall be liable only to the extent we would have been liable had you complied with this condition. Form XN 00 08 16 ED. 0605 Page 9 of 14 | 1 |
EXCESS LIABILITY INSURANCE POLICY The limit of underlying insurance shall not for the purpose of determining when this insurance applies be reduced by the payment of expenses incurred in the defense of any insured or the investigation or settlement of a claim or suit. The first named insured shall give us written notice as soon as practicable of any change in the coverage or in the limits of any underlying insurance and of the termination of any coverage or when the sum of all incurred losses equals or exceeds 70 of the aggregate limits of the underlying insurance. 10. Other Insurance. This insurance is excess over any other insurance whether primary excess contingent or on any other basis except when purchased specifically to apply in excess of this insurance. 11. Premiums. a. We will compute all premiums for this policy including any applicable Audit Premium Minimum Retained Audit Premium and Minimum Retained Premium in accordance with our rules rates and rating plans. b. The first named insured 1 Is responsible for payment of all premiums when due and 2 Will be the payee for any return premiums we pay. c. If the Deposit Premium set forth in the Declarations is adjustable such Deposit Premium is an estimated premium for the Audit Period set forth in the Declarations. At the end of such Audit Period we will compute any applicable Audit Premium. Then 1 Audit Premium which is greater than the paid Deposit Premium is due and payable by the first named insured upon notice or 2 Paid Deposit Premium which is greater than Audit Premium will be refunded to the first named insured subject to any Minimum Retained Audit 12. Premium and Minimum Retained Premium set forth in the Declarations Whichever of 1 or 2 applies. d. The first named insured must keep records of the information we need for premium computation and send us copies at such time as we may request. e. The Minimum Retained Premium stated in the Declarations shall be considered as fully earned at the inception of this policy. Representations. By accepting this policy you agree a. The statements in the Declarations are accurate and complete b. The statements in the Extension Schedule Of Underlying Insurance Policies are accurate and complete c. The statements in a. and b. are based upon representations you made to us d. We have issued this policy in reliance upon your representations and e. If unintentionally you should fail to disclose all hazards at the inception of this policy we shall not deny coverage under this policy because of such failure.. Transfer of Rights Of Recovery Against Others To Us. a. If the insured has rights to recover all or a 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. b. Recoveries shall be applied to reimburse 1 First any interest including the Named Insured that paid any amount in excess of our limit of liability 2 Second us along with any other insurers having a quota share interest at the same level Form XN 00 08 16 ED. 0605 Page 10 of 14 | 1 |
EXCESS LIABILITY INSURANCE POLICY 3 Third such interests including the Named Insured of whom this insurance is excess. However a different apportionment may be made to effect settlement of a claim by agreement signed by all interests. c. Reasonable expenses incurred in the exercise of rights or recovery shall be apportioned among all interests in the ratio of their respective losses for which recovery is sought. 14. 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. 15. When We Do Not Renew. a. If we decide not to renew this policy we will mail or deliver written notice of non renewal to the first named insured at least 60 days before the end of the policy period. b. If notice is mailed we will mail it to the last mailing address known to us of the first named insured. Proof of mailing will be sufficient notice. c. If we offer to renew this policy and the first named insured does not accept our offer during the current policy period this policy will expire at the end of such policy period. SECTION V DEFINITIONS All other words or phrases found in quotation marks in this policy which are not listed in this section or defined elsewhere in the policy or an endorsement to this policy shall have the same definitions that those words or phrases have in the controlling underlying insurance policy. Aircraft includes but is not limited to heavier than air flying vehicles helicopters gliders missiles or spacecraft. Aircraft products means aircraft and any other goods or products manufactured sold handled or distributed or services provided or recommended by the insured or by others trading under his or her name for use in the manufacture repair operation maintenance or use of any aircraft. Aircraft products includes a. Warranties or representations made at any time with respect to the fitness quality durability performance or use of aircraft products and b. The providing of or failure to provide warnings or instructions. Auto means a. Any 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 the foregoing applies only to the extent that such land vehicle is defined as an auto under the Automobile Liability underlying insurance. However auto does not include mobile equipment. Claim means a demand received by any insured for damages alleging injury or damage to persons or property including the institution of a suit for such damages against any insured. Claim expenses means all expenses a. Incurred by us or b. Incurred by or on behalf of the insured with our written consent. But claim expenses include only those expenses incurred in the defense of any insured or the investigation or Form XN 00 08 16 ED. 0605 Page 11 of 14 | 1 |
EXCESS LIABILITY INSURANCE POLICY settlement of claims or suits. Claim fees paid to the insured s claim servicing agency underlying insurance or other insurance are not claim expenses. Salaries of your and our employees are excluded from this definition but the costs and expenses of our staff defense counsel and legal assistants are included. Claim expenses are not damages. 6. Controlling underlying insurance policy means the insurance policy listed in item 7. of the Declarations or set forth as such in the Extension Schedule of Underlying Insurance Policies. 7. Coverage territory is the geographic area in which the controlling underlying insurance policy applies. 8. Employee includes a leased worker. Employee does not include a temporary worker. 9. Employment related practices means a. Refusal to employ a person b. Termination of a person s employment or c. Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation or discrimination directed at a person. 10. Executive officer means a person holding any of the officer positions created by your charter constitution by laws or any other similar governing document. 11. First named insured means the person or entity first named in Item 1. of the Declarations of this policy. 12. Grounding means a. The withdrawal of one or more aircraft from flight operations or b. 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 1 Sold handled or distributed by the insured or 2 Manufactured assembled or processed by any other person or organization a 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 person or organizations. G. Hostile fire means a fire which becomes uncontrollable or breaks out from where it was intended to be.. Insured contract means the definition of insured contract contained in the controlling underlying insurance policy.. Leased worker means the definition of leased worker contained in the controlling underlying insurance policy.. Mobile equipment a. Means the definiton of mobile equipment contained in the underlying insurance but b. Does not include any 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. However the foregoing applies only to the extent that such land vehicle is not defined as mobile equipment under the General Liability underlying insurance.. Occurrence means an accident or occurrence as defined in and covered by the controlling underlying insurance policy.. Offense means an offense described in the definiton of personal and advertising injury as defined in and covered by the controlling underlying insurance policy. Form XN 00 08 16 ED. 0605 Page 12 of 14 | 1 |
EXCESS LIABILITY INSURANCE POLICY 20. 21. 22. 23. 24.. Policy period means the period beginning with the inception date shown in the Declarations and ending with the earlier of a. The date of cancellation of this policy or b. The expiration date shown in the Declarations. Pollutants means any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. Products completed operations hazard means the products completed operations hazard as defined in and covered by the controlling underlying insurance policy. Suit means a civil proceeding in which damages because of injury or damage to which this policy 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 b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Underlying insurance means the insurance policies listed in the Extension Schedule of Underlying Insurance Policies including any renewals or replacements thereof which provide the underlying coverages and limits stated in such Extension Schedule. A limit of underlying insurance includes any deductible amount any participation of the insured or any amount retained by the insured above or beneath any such policy less the amount if any by which the aggregate limit of such insurance has been reduced solely by payment of that portion of judgments or settlements to which this policy applies taking place during the policy period of this policy. The coverage and limits of such underlying insurance policies and any such deductible amount participation or any amount retained by the insured shall be deemed applicable regardless of 1 any defense which any underlying insurer may assert because of any insured s failure to comply with any condition in its policy or 2 the actual or alleged insolvency or financial impairment of any underlying insurer or any insured. The risk of insolvency or financial impairment of any underlying insurer or any insured is borne by insureds or others and not by us. SECTION VI NUCLEAR ENERGY LIABILITY EXCLUSION BROAD FORM 1. This policy does not apply a. To any injury or damage 1 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 Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the insured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization. S Form XN 00 08 16 ED. 0605 Page 13 of 14 | 1 |
EXCESS LIABILITY INSURANCE POLICY b. To any injury or damage resulting from the hazardous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on behalf of an insured or b has been discharged or dispersed therefrom 2 The nuclear material is contained in spent fuel or waste at any time possessed handled used processed stored transported or disposed of by or on behalf of an insured or 3 The injury or damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operations 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 3 applies only to injury or damage to such nuclear facility and any property thereat. As used in this exclusion Hazardous properties include radioactive toxic or explosive properties. Nuclear material means source material special 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 component solid or liquid which has been used or exposed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility. Nuclear facility means a Any nuclear reactor b 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 packaging waste c 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 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. Injury or damage includes all forms of radioactive contamination of property. Form XN 00 08 16 ED. 0605 Page 14 of 14 | 1 |
Policy Number 37 xs oN0441 Effective Date 07312014 Named Insured and Address 1p1 yorprngs Lic 675 W. KNOX RD.. 2 Endt. No. TEMPE AZ 85284 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INSTALLMENT PAYMENTPLAN We and you agree that you will pay the premium in installments as shown below Date Premium Date Premium 07312014 7985 01312015 2659 08312014 2659 02282015 2659 09302014 2659 03312015 2659 10312014 2659 04302015 2659 11302014 2659 12312014 2659 Form GN 99 01 13 ED. 1091 Printed in U.S.A. NS c 1991 The Hartford | 2 |
g o CONFIRMATION OF COVERAGE ELECTION POLICYHOLDERS OF UMBRELLA OR EXCESS LIABILITY INSURANCE POLICIES TERRORISM RISK INSURANCE ACT We have previously notified you that under the Terrorism Risk Insurance Act as amended TRIA we must make terrorism coverage available in the policies we offer. A 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 under TRIA The criteria contained in TRIA for a certified act of terrorism includes the following 1. The act results in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to TRIA and 2. The act results in damage within the United States or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission and 8. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. The United States Department of the Treasury will reimburse insurers for 85 of that portion of insured losses attributable to certified acts of terrorism that exceeds the applicable insurer deductible. However if aggregate insured losses under TRIA exceed 100 billion in a Program Year January 1 through December 31 the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. The United States government has not charged any premium for their participation in covering terrorism losses. If aggregate insured losses attributable to terrorist acts certified under TRIA exceed 100 billion in a Program Year January 1 through December 31 and we have met or will meet our insurer deductible under TRIA we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion. In such case your coverage for terrorism losses may be reduced on a pro rata basis in accordance with procedures established by the Treasury based on its estimates of aggregate industry losses and our estimate that we will exceed our insurer deductible. In accordance with the Treasury s procedures amounts paid for losses may be subject to further adjustments based on differences between actual losses and estimates. Our prior notice advised you that the premium for such terrorism coverage would be 1 of the total premium for your Umbrella or Excess Liability Insurance Policy unless an alternative amount is indicated below. PREMIUM 316 Additional premium for Terrorism coverage under this Umbrella or Excess Liability Insurance Policy As a result of our notification you have made the following election Accepted Terrorism Coverage X Rejected Terrorism Coverage Form XN 98 02 16 ED. 0312 Page 1 of 2 2012The Hartford | 2 |
This premium charge assumes that you have also purchased underlying insurance coverage for certified acts of terrorism. We may in accordance with the terms of the policy examine your books and records to verify that your underlying insurance policy provides this coverage at the limits as shown in the Extension Schedule of Underlying Insurance Policies. If such coverage does not exist at the represented limits we will o In accordance with the Maintenance of Underlying Insurance Condition in your Umbrella or Excess Liability Insurance Policy be liable for certified acts of terrorism only to the extent that we would have been liable had you complied with this condition. o Endorse your policy to provide a self insured retention in the amount of the required underlying insurance which will apply to coverage for such certified acts of terrorism. 0 Increase the premium quoted for certified acts of terrorism by an amount not to exceed 25 of the total Umbrella or Excess Liability Insurance Policy premium. If you fail to purchase or maintain underlying insurance with coverage for certified terrorist acts we will adjust your premium and add the necessary endorsements. These changes will be effective as of inception or the date when you ceased to have the represented underlying insurance whichever is later. TERRORISM EXCLUSION ON YOUR BINDER AND OR POLICY AND ITS RENEWALS If the Rejected Terrorism Coverage box above is checked you have previously rejected such coverage by signing a written rejection statement and returning such document to us. By doing so you have also authorized the attachment of a terrorism exclusion to your Umbrella or Excess Liability Insurance binder andor policy and to all subsequent renewals. Unless you contact your agent broker or representative and accept coverage prior to the inception of your renewal policy the terrorism exclusions will apply to all subsequent renewals. Page 2 of 2 Form XN 98 02 16 ED. 0312 | 2 |
Policy Number 37 xs ono0441 Named Insured and Address 1pT HOLDINGS LLC 675 W. KNOX RD TEMPE AZ 85284 Endt. No. 4 Effective Date 07312014 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM A. A 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 under TRIA. The criteria contained in TRIA for a certified act of terrorism includes the following 1. The act results in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to TRIA and 2. The act results in damage within the United States or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission and 3. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. If aggregate insured losses attributable to terrorist acts certified under TRIA exceed 100 billion in a Program Year January 1 through December 31 and we have met or will meet our insurer deductible under TRIA we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion. In such case your coverage for terrorism losses may be reduced on a pro rata basis in accordance with procedures established by the Treasury based on its estimates of aggregate industry losses and our estimate that we will exceed our insurer deductible. In accordance with the Treasury s procedures amounts paid for losses may be subject to further adjustments based on differences between actual losses and estimates.. The United States Department of the Treasury will reimburse insurers for 85 of that portion of insured losses attributable to certified acts of terrorism that exceeds the applicable insurer deductible. However if aggregate insured losses under TRIA exceed 100 billion in a Program Year January 1 through December 31 the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. The United States government has not charged any premium for their participation in covering terrorism losses.. The terms and limitations of any terrorism exclusion the inapplicability or omission of a terrorism exclusion or the inclusion of coverage for terrorism do not serve to create coverage for any loss which would otherwise be excluded under this Coverage Part or Policy such as losses excluded by the War Exclusion. Form GS 217003 12 Page 1 of 1 2012 The Hartford Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Policy Number 37 xs oN0441 Effective Date 07312014 Named Insured and Address HOLDINGS LLC 675 W. KNOX RD.. 5 Endt. No. 5 TEMPE AZ 85284 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION DESIGNATED ENTITIES SCHEDULE NAMES OF EXCLUDED ENTITIES BLACK MOUNTAIN SCIENCE Itis agreed that this policy does not apply to liability including vicarious liability for any injury or damage a. Avrising out of any operations of b. Arising out of the ownership management supervision or existence of or c. Included in the products completed operations hazard of Any entity set forth in the Schedule above. For the purposes of this endorsement entity includes any past present or future subsidiary or affiliate. Page 1 of 1 Form GN 31 17 13 ED. 0699 c 1999 The Hartford | 2 |
Policy Number 37 xs on0441 Effective Date 07312014 Named Insured and Address HOLDINGS LLC 675 W. KNOX RD Endt. No. TEMPE AZ 85284 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITATION ENDORSEMENT AUTO LIABILITY The following exclusion is added to the policy This policy does not apply to liability arising out of the Ownership Operation Maintenance Use Entrustment to others or Loading or unloading o oA w N Of any auto. EXCEPTION However This exclusion does not apply to the extent that coverage for such auto is provided by the underlying insurance. Any coverage restored by this EXCEPTION applies 1 Only to the extent of the scope of coverage provided by the underlying insurance but in no event shall coverage be broader than the scope of coverage provided by the policy of which this endorsement forms a part and 2 Only to the extent that such coverage provided by the underlying insurance is maintained having limits as set forth in the Extension Schedule of Underlying Insurance Policies of the policy of which this endorsement forms a part. Form XN 24 01 14 ED. 1298 c 1998 The Hartford | 2 |
EXCESS LIABILITY INSURANCE POLICY READ YOUR POLICY DECLARATIONS PAGE AND ENDORSEMENTS CAREFULLY The Quick Reference on the next page has been designed to help you easily find the information you are looking for regarding the location of the Declarations Page the policy and its various provisions and any endorsements forming a part of the policy at issue. Form XN 00 06 15 ED. 0605 Page i of ii c 2005 The Hartford | 2 |
QUICK REFERENCE DECLARATIONS PAGE Your Name and Mailing Address Policy Period Description of Business and Location See Adjacent Page Coverages and Limits of Liability Premium Agent or Broker Representing Hartford Beginning on Page INTRODUCTION SECTION COVERAGES Insuring Agreement Exclusions. Supplementary Payments SECTION Il WHO IS AN INSURED SECTION lil LIMITS OF LIABILITY SECTION IV CONDITIONS Appeals Bankruptcy Cancellation Changes. Duties in the Event of Occurrence Offense Claim or Suit Examination of Your Books and Records Inspections and Surveys Legal Action Against Us Maintenance of Underlying Insurance Other Insurance. Premiums Representations Transfer of Rights of Recovery Against Others ToUs Transfer of Your Rights and Duties Under This Policy When We Do Not Renew SECTIONV DEFINITIONS.. SECTION VI NUCLEAR ENERGY LIABILITY EXCLUSION BROAD FORM ENDORSEMENTS These form numbers and titles are found in the Declarations Page or the LISTING OF POLICY PROVISIONS AND ENDORSEMENTS FORMING A PART OF THE POLICY AT ISSUE. Form XN 00 06 15 ED. 0605 Page ii of ii c 2005 The Hartford | 2 |
IMPORTANT STATE INFORMATION FRAUD STATEMENT Applicable in all jurisdictions except for separate jurisdiction statements below ANY PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD ANY INSURANCE COMPANY OR ANOTHER PERSON FILES AN APPLICATION FOR INSURANCE CONTAINING ANY MATERIALLY FALSE INFORMATION OR CONCEALS FOR THE PURPOSE OF MISLEADING INFORMATION CONCERNING ANY FACT MATERIAL THERETO COMMITS A FRAUDULENT INSURANCE ACT WHICH IS A CRIME AND SUBJECT THE PERSON TO CRIMINAL AND NEW YORK SUBSTANTIAL CIVIL PENALTIES. IN THE DISTRICT OF COLUMBIA LOUISIANA MAINE AND VIRGINIA INSURANCE BENEFITS MAY ALSO BE DENIED. ALABAMA ANY PERSON WHO KNOWINGLY PRESENTS A FALSE OR FRAUDULENT CLAIM FOR PAYMENT OF A LOSS OR BENEFIT OR WHO KNOWINGLY PRESENTS FALSE INFORMATION IN AN APPLICATION FOR INSURANCE IS GUILTY OF A CRIME AND MAY BE SUBJECT TO RESTITUTION FINES OR CONFINEMENT IN PRISON OR ANY COMBINATION THEREOF. COLORADO IT IS UNLAWFUL TO KNOWINGLY PROVIDE FALSE INCOMPLETE OR MISLEADING FACTS OR INFORMATION TO AN INSURANCE COMPANY FOR THE PURPOSE OF DEFRAUDING OR ATTEMPTING TO DEFRAUD THE COMPANY. PENALTIES MAY INCLUDE IMPRISONMENT FINES DENIAL OF INSURANCE AND CIVIL DAMAGES. ANY INSURANCE COMPANY OR AGENT OF AN INSURANCE COMPANY WHO KNOWINGLY PROVIDES FALSE INCOMPLETE OR MISLEADING FACTS OR INFORMATION TO A POLICY HOLDER OR CLAIMANT FOR THE PURPOSE OF DEFRAUDING OR ATTEMPTING TO DEFRAUD THE POLICY HOLDER OR CLAIMANT WITH REGARD TO A SETTLEMENT OR AWARD PAYABLE FROM INSURANCE PROCEEDS SHALL BE REPORTED TO THE COLORADO DIVISION OF INSURANCE WITHIN THE DEPARTMENT OF REGULATORY AGENCIES. HAWAII FOR YOUR PROTECTION HAWAII LAW REQUIRES YOU TO BE INFORMED THAT PRESENTING A FRAUDULENT CLAIM FOR PAYMENT OF A LOSS OR BENEFIT IS A CRIME PUNISHABLE BY FINES OR IMPRISONMENT OR BOTH. KANSAS ANY PERSON WHO COMMITS A FRAUDULENT INSURANCE ACT IS GUILTY OF A CRIME AND MAY BE SUBJECT TO RESTITUTION FINES AND CONFINEMENT IN PRISON. A FRAUDULENT INSURANCE ACT MEANS AN ACT COMMITTED BY ANY PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD PRESENTS CAUSES TO BE PRESENTED OR PREPARES WITH KNOWLEDGE OR BELIEF THAT IT WILL BE PRESENTED TO OR BY AN INSURER PURPORTED INSURER OR INSURANCE AGENT OR BROKER ANY WRITTEN STATEMENT AS PART OF OR IN SUPPORT OF AN APPLICATION FOR INSURANCE OF THE RATING OF AN INSURANCE POLICY OR A CLAIM FOR PAYMENT OR OTHER BENEFIT UNDER AN INSURANCE POLICY WHICH SUCH PERSON KNOWS TO CONTAIN MATERIALLY FALSE INFORMATION CONCERNING ANY MATERIAL FACT THERETO OR CONCEALS FOR THE PURPOSE OF MISLEADING INFORMATION CONCERNING ANY FACT MATERIAL THERETO. MAINE WE DO NOT PROVIDE COVERAGE TO ONE OR MORE INSUREDS INSUREDS WHO AT ANY TIME 1. INTENTIONALLY CONCEALED OR MISREPRESENTED A MATERIAL FACT 2. ENGAGED IN FRAUDULENT CONDUCT OR 3. MADE A FALSE STATEMENT RELATING TO THIS INSURANCE. all inriedi tinn etatemente haloaw ALAl ANVAY RESENTED A MATERIAL FACT R Form GN 99 48 17 Ed. 213 Page 1 of 2 2013 The Hartford Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
OHIO ANY PERSON WHO WITH INTENT TO DEFRAUD OR KNOWING THAT HE SHE IS FACILITATING A FRAUD AGAINST AN INSURER SUBMITS AND APPLICATION OR FILES A CLAIM CONTAINING A FALSE OR DECEPTIVE STATEMENT IS GUILTY OF INSURANCE FRAUD. OKLAHOMA ANY PERSON WHO KNOWINGLY AND WITH INTENT TO INJURE DEFRAUD OR DECEIVE ANY INSURER MAKES ANY CLAIM FOR THE PROCEEDS OF AN INSURANCE POLICY CONTAINING ANY FALSE INCOMPLETE OR MISLEADING INFORMATION IS GUILTY OF A FELONY. bl Form GN 99 48 17 Ed. 213 Page 2 of 2 | 2 |
POLICY NUMBER 37 XS ON0441 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RECORDING AND DISTRIBUTION OF MATERIAL OR INFORMATION IN VIOLATION OF LAW EXCLUSION The Distribution Of Material In Violation Of Statutes exclusion under Paragraph 2. Exclusions of Section I Coverages is replaced by the following Exclusions This policy does not apply to Recording And Distribution Of Material Or Information In Violation Of Law Any injury damage loss cost or expense including but not limited to bodily injury property damage or personal and advertising injury arising directly or indirectly out of any action or omission that violates or is alleged to violate 2. a. b. c. The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law The CAN SPAM Act of 2003 including any amendment of or addition to such law The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transaction Act FACTA or 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. Form XN 00 68 13 ED. 1210 Page 1 of 1 2010 The Hartford Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Policy Number 37 xs oN0441 Effective Date 07312014 Named Insured and Address HOLDINGS LLC 675 W. KNOX RD Endt. No. 8 TEMPE AZ 85284 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ARIZONA CHANGES CANCELLATION AND NONRENEWAL A. The following is added to the CANCELLATION Policy Condition h. Cancellation Of Policies In Effect For 60 Days Or More If this policy has been in effect for 60 days or more or if this policy is a renewal of a policy we issued we may cancel this policy only for one or more of the following reasons 1 Nonpayment of premium 2 Your conviction of a crime arising out of acts increasing the hazard insured against Acts or omissions by you or your representative constituting fraud or material misrepresentation in the procurement of this policy in continuing this policy or in presenting a claim under this policy 4 Substantial change in the risk assumed except to the extent that we should have reasonably foreseen the change or contemplated the risk in writing the contract 5 Substantial breach of contractual duties or conditions 6 Loss of reinsurance applicable to the risk insured against resulting from termination or treaty of facultative reinsurance initiated by our reinsurer or reinsurers 7 Determination by the Director of Insurance that the continuation of the policy would place us in violation of the insurance laws of this state or would jeopardize our solvency or 8 Acts or omissions by you or your representative which materially increase the hazard insured against. If we cancel this policy based on one or more of the above reasons we will mail by certified mail to the first named insured and mail to the agent if any written notice of cancellation stating the reasons for cancellation. We will mail this notice to the last mailing addresses known to us at least a 10 days before the effective date of cancellation if we cancel for nonpayment of premium. b 60 days before the effective date of cancellation if we cancel for any of the other reasons. B. The following is added and supersedes any provision to the contrary NONRENEWAL 1. If we elect not to renew this policy we will mail by certified mail to the first named insured and mail to the agent if any written notice of nonrenewal. We will mail this notice to the last mailing addresses known to us at least 60 days prior to the expiration of this policy. If notice is mailed proof of mailing will be sufficient proof of notice. If either one of the following occurs we are not required to provide written notice of nonrenewal Form GN 02 58 13 ED. 1091 Printed in U.S.A. NS c 1991 The Hartford Includes copyrighted material of Insurance Services Office with its permission. Copyright Insurance Services Office 1986 1989 Page 1 of 2 | 2 |
a. We or a company within the same insurance group has offered to issue a renewal policy or b. You have obtained replacement coverage or agreed in writing to do so. C. The following Condition is added RENEWAL 1. If we elect to renew this policy and the renewal is subject to any of the following a. Increase in premium b. Change in deductible c. Reduction in limits of insurance or d. Substantial reduction in coverage we will mail or deliver written notice of the changes to the first named insured at the last mailing address known to us at least 60 days before the anniversary or expiration date of the policy. If renewal is subject to any condition described in 1.a. through 1.d. above and we fail to provide notice 60 days before the anniversary or expiration date of this policy the following procedures apply a. The present policy will remain in effect until the earlier of the following i 60 days after the date of mailing or delivery of the notice or ii The effective date of replacement coverage obtained by the first named insured. b. If the first named insured elects not to renew any earned premium for the period of extension of the terminated policy will be calculated pro rata at the lower of the following rates i The rates applicable to the terminated policy or i The rates presently in effect. c. If the first named insured accepts the renewal the premium increase if any and other changes are effective the day following this policy s anniversary or expiration date. Form GN 02 58 13 Page 2 of 2 | 2 |
THE V HARTFORD PRODUCER COMPENSATION NOTICE You can review and obtain information on The Hartford s producer compensation practices at www.TheHartford.com or at 1 800 592 5717. Form G3418 0 | 2 |
THE g HARTFORD U.S. DEPARTMENT OF THE TREASURY 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 the United States. Please read this Notice carefully. The Office of Foreign Assets Control OFAC of the U.S. Department of the Treasury administers and enforces economic and trade sanctions based on U.S. foreign policy and national security goals against targeted foreign countries and regimes terrorists international narcotics traffickers those engaged in activities related to the proliferation of weapons of mass destruction and other threats to the national security foreign policy or economy of the United States. OFAC acts under Presidential national emergency powers as well as authority granted by specific legislation to impose controls on transactions and freeze assets under U.S. jurisdiction. OFAC publishes a list of individuals and companies owned or controlled by or acting for or on behalf of targeted countries. It also lists individuals groups and entities such as terrorists and narcotics traffickers designated under programs that are not country specific. Collectively such individuals and companies are called Specially Designated Nationals and Blocked Persons or SDNs. Their assets are blocked and U.S. persons are generally prohibited from dealing with them. This list can be located on OFAC s web site at 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 an SDN as identified by OFAC the policy is a blocked contract and all dealings with it must involve 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. Form IH 99 40 04 09 Page 1 of 1 | 2 |
d Policy Number 37 xs on0441 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDATORY ENDORSEMENT Our President and Secretary have signed this policy. Where required by law the Declarations page has been countersigned by our duly authorized representative. e el Terence Shields Secretary fosz 4. i Andr A. Napoli President Form GN 01 04 15 ED. 1206 Page 1 of 1 2006 The Hartford | 2 |
THE g HARTFORD Named Insured IPT HOLDINGS LLC Policy Number 37 xs 0wn0441 Effective Date 07312014 Expiration Date 07312015 Company Name TWIN CITY FIRE INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TRADE OR ECONOMIC SANCTIONS ENDORSEMENT This insurance does not apply to the extent that trade or economic sanctions or other laws or regulations prohibit us from providing insurance including but not limited to the payment of claims. All other terms and conditions remain unchanged. Form IH 99 41 04 09 Page 1 of 1 | 2 |
MNEMC INSURANCE EMPLOYERS MUTUAL CASUALTY COMPANY COMMERCIAL UMBRELLA DECLARATIONS Wl T T Tl Policy Period From 060721 to 060722 Policy Number 536 92 01 22 e NAMED INSURED PRODUCER MONTAGE BUILDERS LLC LOCKTON COMPANIES LLC 1303 s 72ND ST STE 209 13710 FNB PKWY STE 400 OMAHA NE 68124 1604 OMAHA NE 68154 5298 AGENT AB 8210 DIRECT BILL AGENT PHONE 402970 6100 CLAIM REPORTING 888362 2255 SERVICING CARRIER 402951 8300 THIS POLICY RENEWAL IS OFFERED CONTINGENT UPON THE RECEIPT OF PAYMENT WHICH IS DUE ON 060721. Insured is LLC The Following Claims Made Coverage Applies Excess Employee Benefit Liability. Please Read Your Policy Carefully. Each Occurrence Limit Liability Coverage 5000000 Personal Advertising Injury Limit 5000000 Any one person or organization Aggregate Limit Liability Coverage 5000000 except with respect to covered autos A 100 MINIMUM POLICY PREMIUM APPLIES IF POLICY IS CANCELLED AFTER THE EFFECTIVE DATE. Forms Applicable CU00010413 CU02081217 CU04031219 CU21230202 CU21271204 CU21300115 CU21360115 CU21580509 CU21710615 CU21860514 CU24231207 CU7T001A1115 CU72700806 CU72720806 CU72760321 CU72930806 CU7404.11008 CU74311008 CU74381109 CU7T4601215 CU74680117 CU83271220 ILO0171198 IL70040320 IL7130A0401 IL7131A0401 IL74470515 IL8383.2A1220 IL8384A0108 IL87631020 Date of Issue 051021 BPP FORM CU7000A ED. 01 07 BPP 060721 007 LN 5769201 2201 COMMERCIAL UMBRELLA D Policy Period From 060721 to 060722 1303 s 72ND ST STE 209 13710 FNB PKWY STE 400 OMAHA NE 68124 1604 OMAHA NE 68154 5298 AGENT AB 8210 DIRECT BILL AGENT PHONE 402970 6100 CLAIM REPORTING 888362 2255 DIRECT BILL The F Liabi ess Employee Benefit serage 5000000 5000000 5000000 A 100 MIN Forms Applicable CU00010413 CU02081217 CU04031219 CU21230202 CU21271204 CU21300115 CU21360115 CU21580509 CU21710615 CU21860514 CU24231207 CU7T001A1115 CU72700806 CU72720806 CU72760321 CU72930806 CU7404.11008 CU74311008 CU74381109 CU7T4601215 CU74680117 CU83271220 ILO0171198 IL70040320 IL7130A0401 IL7131A0401 IL74470515 IL8383.2A1220 IL8384A0108 IL87631020 CU02081217 CU04031219 CU21230202 CU21300115 CU21360115 CU21580509 CU21860514 CU24231207 CU7001A1115 CU72720806 CU72760321 CU72930806 3 CU74311008 CU74381109 CU74601215 e ATIR29 T 19 90 TTNAN171108Y TTOANALIN2I90 | 2 |
MNEMC INSURANCE EMPLOYERS MUTUAL CASUALTY COMPANY POLICY NUMBER 5J6 92 01 22 MONTAGE BUILDERS LLC EFF DATE 060721 EXP DATE 060722 COMMERCIAL UMBRETLTLA POLICY DECLARATIONS ENDORSEMENT SCHEDULE EDITION FORM DATE DESCRIPTION ADDITIONAL INFORMATION PREMIUM CU0001 04 13 COMM LIABILITY UMBRELLA COV FORM CU0208 12 17 NE CHANGES CANCELLATION AND NONRENEW CU0403 12 19 EMPLOYEE BENEFITS LIABILITY COVERAGE ADDITIONAL COVERED EMPLOYEE BENEFITS PROGRAMS NONE LIMITS OF INSURANCE s 0 RETAINED LIMIT 5000000 EACH EMPLOYEE 5000000 AGGREGATE RETROACTIVE DATE 06072017 Cu2123 02 02 NUCLEAR ENERGY LIAB EXCL BROAD FORM Cu2127 12 04 FUNGI OR BACTERIA EXCLUSION CU2130 01 15 CAP OF LOSSES FROM CERT ACTS OF TERR CU2136 01 15 EXCL PUNITIVE DMG CERT ACTS OF TERR CU2158 05 09 COMMUNICABLE DISEASE EXCLUSION CU2171 06 15 EXCLUSION UNMANNED AIRCRAFT CU2186 05 14 EXCL ACCESS DISCL OF CONFID PERSONAL CUu2423 12 07 COVERAGE FOR PROFESSIONAL SERVICES CU7001A 11 15 SCHED OF PRIMARY INS AUTOMATED CU7270 08 06 AGG LIMIT PER PROJ AGG FOR PREM OPS CU7272 08 06 ASBESTOS EXCLUSION CU7276 03 21 COMMERCIAL UMBRELLA AMENDMENT OF COV CU7293 08 06 FOREIGN EXPOSURE FOLLOWING FORM CU7404.1 10 08 UMBRELLA LIAB AMEND FOLLOW FORM CU7431 10 08 AMENDMENT OF EMPLOYEE BENEFITS PROG CU7438 11 09 CONTRACTORS OCCURRENCE DEFINITION CU7460 12 15 BLANKET WAIVER OF SUBROG WHEN REQUIR CU7468 01 17 PRIMARY NONCONT OTHER INS AUTOMATIC CU8327 12 20 ADVISORY NOTICE TO POLICYHOLDERS IL0017 11 98 COMMON POLICY CONDITIONS IL7004 03 20 MUTUAL POLICY PROVISIONS IL7130A 04 01 NAMED INSURED ENDORSEMENT IL7131A 04 01 COMML POLICY ENDORSEMENT SCHEDULE IL7447 05 15 NOTICE OF CANCEL W WRITTEN CONTRACT IL8383.2A 12 20 DISCL PURSUANT TERRSM RISK INS. ACT 62 IL8384A 01 08 TERRORISM NOTICE IL8763 10 20 COMMUNICABLE DISEASE EXCL PH NOTICE DATE OF ISSUE 051021 FORM IL7131A ED. 04 01 007 LN 5769201 2201 EDITION CU0208 12 17 NE CHANGES CANCELLATION AND NONRENEW CU0403 12 19 EMPLOYEE BENEFITS LIABILITY COVERAGE ADDITIONAL COVERED EMPLOYEE BENEFITS PROGRAMS NONE LIMITS OF INSURANCE 0 RETAINED LIMIT 5000000 EACH EMPLOYEE 5000000 AGGREGATE RETROACTIVE DATE 06072017 CU2123 02 02 NUCLEAR ENERGY LIAB EXCL BROAD FORM CU2127 12 04 FUNGI OR BACTERIA EXCLUSION CU2130 01 15 CAP OF LOSSES FROM CERT ACTS OF TERR CU2136 01 15 EXCL PUNITIVE DMG CERT ACTS OF TERR CU2158 05 09 COMMUNICABLE DISEASE EXCLUSION CU2171 06 15 EXCLUSION UNMANNED AIRCRAFT CU2186 05 14 EXCL ACCESS DISCL OF CONFID PERSONAL CU2423 12 07 COVERAGE FOR PROFESSIONAL SERVICES CU7001A 11 15 SCHED OF PRIMARY INS AUTOMATED CU7270 08 06 AGG LIMIT PER PROJ AGG FOR PREM OPS CU7272 08 06 ASBESTOS EXCLUSION CU7276 03 21 COMMERCIAL UMBRELLA AMENDMENT OF COV CU7293 08 06 FOREIGN EXPOSURE FOLLOWING FORM CU7404.1 10 08 UMBRELLA LIAB AMEND FOLLOW FORM CU7431 10 08 AMENDMENT OF EMPLOYEE BENEFITS PROG CU7438 11 09 CONTRACTORS OCCURRENCE DEFINITION CU7460 12 15 BLANKET WAIVER OF SUBROG WHEN REQUIR CU7468 01 17 PRIMARY NONCONT OTHER INS AUTOMATIC cuU8327 12 20 ADVISORY NOTICE TO POLICYHOLDERS IL0017 11 98 COMMON POLICY CONDITIONS IL7004 03 20 MUTUAL POLICY PROVISIONS IL7130A 04 01 NAMED INSURED ENDORSEMENT IL7131A 04 01 COMML POLICY ENDORSEMENT SCHEDULE IL7447 05 15 NOTICE OF CANCEL W WRITTEN CONTRACT IL8383.2A 12 20 DISCL PURSUANT TERRSM RISK INS. ACT IL8384A 01 08 TERRORISM NOTICE IL8763 10 20 COMMUNICABLE DISEASE EXCL PH NOTICE | 2 |
MNEMC INSURANCE EMPLOYERS MUTUAL CASUALTY COMPANY POLICY NUMBER 5J6 92 01 22 MONTAGE BUILDERS LLC EFF DATE 060721 EXP DATE 060722 TERRORTISM NOTTICE This insurance may include coverage for certified acts of terrorism as defined in the Terrorism Risk Insurance Act as amended. Attached you will find a disclosure which identifies the specific charge for certified acts of terrorism. YOU MAY HAVE THE OPTION TO REJECT THIS TERRORISM COVERAGE For additional information please contact your agent DATE OF ISSUE 051021 FORM IL8384A 01 08 007 LN 5769201 2201 MONTAGE BUILDERS LLC EFF DATE 060721 EXP DATE 0607 TERRORTISM NOTTICE This insurance may include coverage for certified acts of terrorism as defined in the Terrorism Risk Insurance Act as amended. Attached you will find a disclosure which identifies the specific charge for certified acts of terrorism. YOU MAY HAVE THE OPTION TO REJECT THIS TERRORISM COVERAGE For additional information please contact your agent TERRORTISM NOTTICE This insurance may include coverage for certified acts of terrorism as defined in the Terrorism Risk Insurance Act as amended. Attached you will find a disclosure which identifies the specific charge for certified acts of terrorism. YOU MAY HAVE THE OPTION TO REJECT THIS TERRORISM COVERAGE For additional information please contact your agent | 2 |
NE INSURANCE EMPLOYERS MUTUAL CASUALTY COMPANY POLICY NUMBER 5J6 92 01 22 MONTAGE BUILDERS LLC EFF DATE 060721 EXP DATE 060722 THIS ENDORSEMENT IS ATTACHED TO AND MADE PART OF YOUR POLICY IN RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE ACT. THIS ENDORSEMENT DOES NOT GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. SCHEDUTLE Terrorism Premium Certified Acts 62.00 Disclosure Of Premium In accordance with the federal Terrorism Risk Insurance Act we are required to provide you with a notice disclosing the portion of your premium if any attributable to coverage for terrorist acts certified under the Terrorism Risk Insurance Act. The portion of your premium attributable to such coverage is shown in the Schedule of this endorsement or in the policy Declarations Disclosure Of Federal Participation In Payment Of Terrorism Losses The United States Government Department of the Treasury will pay a share of terrorism losses insured under the federal program. The federal share equals 80 of that portion of the amount of such insured losses that exceeds the applicable insurer retention. However if aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a calendar year the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. Cap On Insurer Participation In Payment Of Terrorism Losses If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a calendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. The following statement is required to be part of the disclosure notice in MISSOURI The premium above is for certain losses resulting from certified acts of terrorism as covered pursuant to coverage provisions limitations and exclusions in this policy. You should read the definition in your policy carefully but generally speaking certified acts of terrorism are acts that exceed 5 million in aggregate losses to the insurance industry and which are subsequently declared by the U.S. Secretary of the Treasury as a certified terrorist act under the Terrorism Risk Insurance Act. Some losses resulting from certified acts of terrorism are not covered. Read your policy and endorsements carefully. INCLUDES COPYRIGHTED MATERIAL OF ISO PROPERTIES INC. WITH ITS PERMISSION DATE OF ISSUE 051021 FORM IL8383.2A12 20 007 LN 5769201 2201 THIS ENDORSEMENT IS ATTACHED TO AND MADE PART OF YOUR POLICY IN RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE ACT. THIS ENDORSEMENT DOES NOT GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. SCHEDUTLE Terrorism Premium Certified Acts 62.00 A. Disclosure Of Premium In accordance with the federal Terrorism Risk Insurance Act we are required to provide you with a notice disclosing the portion of your premium if any attributable to coverage for terrorist acts certified under the Terrorism Risk Insurance Act. The portion of your premium attributable to such coverage is shown in the Schedule of this endorsement or in the policy Declarations B. Disclosure Of Federal Participation In Payment Of Terrorism Losses The United States Government Department of the Treasury will pay a share of terrorism losses insured under the federal program. The federal share equals 80 of that portion of the amount of such insured losses that exceeds the applicable insurer retention. However if aggregate insured losses attributable to terrorist acts certified unde the Terrorism Risk Insurance Act exceed 100 billion in a calendar yea the Treasury shall not make any payment for any portion of the amount such losses that exceeds 100 billion. C. Cap On Insurer Participation In Payment Of Terrorism Losses If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a calend year and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasur The following statement is required to be part of the disclosure notice in MISSOURI The premium above is for certain losses resulting from certified acts terrorism as covered pursuant to coverage provisions limitations and exclusions in this policy. You should read the definition in your poli carefully but generally speaking certified acts of terrorism are acts that exceed 5 million in aggregate losses to the insurance industry and which are subsequently declared by the U.S. Secretary of the Treasury as a certified terrorist act under the Terrorism Risk Insurance Act. Some losses resulting from certified acts of terrorism are not covered. Read your policy and endorsements carefully. INCLUDES COPYRIGHTED MATERIAL OF ISO PROPERTIES INC. WITH ITS PERMISSION X CHANGE THE TERMS g k Insurance Act we are sing the portion of.ge for terrorist acts Act. The portion of s shown in the Schedule tions. nt Of Terrorism Losses the Treasury will pay Of Terrorism Losses | 2 |
MNEMC INSURANCE EMPLOYERS MUTUAL CASUALTY COMPANY NAMED INSURED ENDORSEMENT POLICY PERIOD FROM 060721 TO 060722 POLICY NUMBER 5J3J6 92 01 22 P NAMED INSURED MONTAGE BUILDERS LLC LOCKTON COMPANIES LLC 1303 s 72ND ST STE 209 13710 FNB PKWY STE 400 OMAHA NE 68124 1604 OMAHA NE 68154 5298 AGENT AB 8210 DIRECT BILL AGENT PHONE 402970 6100 CLAIM REPORTING 888362 2255 SERVICING CARRIER 402951 8300 IT IS HEREBY AGREED AND UNDERSTOOD THAT THE NAMED INSURED IS AMENDED TO READ AS FOLLOWS 1ST NAMED INSURED MONTAGE BUILDERS LLC NO. 02 MONTAGE SPECIAL PROJECTS LLC PLACE OF ISSUE OMAHA NE DATE OF ISSUE 051021 FORM IL7130A ED. 04 01 007 LN 5769201 2201 NAMED INSURED ENDO POLICY PERIOD FROM 060721 TO 060722 1303 s 72ND ST STE 209 13710 FNB PKWY STE 400 OMAHA NE 68124 1604 OMAHA NE 68154 5298 AGENT AB 8210 DIRECT BILL AGENT PHONE 402970 6100 CLAIM REPORTING 888362 2255 DIRECT BILL IT IS HEREBY AGREED AND UNDERSTOOD THAT THE NAMED INSURED IS AMENDED TO READ AS FOLLOWS 1ST NAMED INSURED MONTAGE BUILDERS LLC NO. 02 MONTAGE SPECIAL PROJECTS LLC PLACE OF ISSUE OMAHA NE OLICY. | 2 |
MNEMC INSURANCE EMPLOYERS MUTUAL CASUALTY COMPANY Policy Number 5J69201 22 MONTAGE BUILDERS LLC Eff Date 060721 Exp Date 060722 COMMERCIAL UMBRETLTLA SCHEDUTLE ok ko ok ko Kok ko ok ok ko ok ok ok Kk ko Kk Kk kK Kk Kk Kk K Kk Kok ok ko Kok ok ko ko ko ko ko K RETAINED LIMIT Self Insured Retention 0 SCHEDULE OF UNDERLYING INSURANCE Commercial Auto Company Policy Number Liability Employers Mutual Casualty Company SE69201 Policy Period 060721 to 060722 Minimum Applicable Limits Covered Auto Liability 1000000 Each Accident Commercial General Liability Company Employers Mutual Casualty Company Policy Number 5D69201 Policy Period 060721 to 060722 Occurrence Basis Minimum Applicable Limits General Aggregate 2000000 Products Completed Operations Aggregate 2000000 Personal and Advertising Injury 1000000 Each Occurrence 1000000 Employee Benefit Liability 1000000 Each Employee 2000000 Aggregate Employers Liability Company Employers Mutual Casualty Company Policy Number 5H69201 Policy Period 060721 to 060722 Minimum Applicable Limits Bodily Injury by Accident Bodily Injury by Disease Bodily Injury by Disease Date of Issue 051021 BPP 1000000 Each Accident 1000000 Each Employee 1000000 Policy Limit FORM CU7001A ED. 11 15 BPP 060721 007 LN 5769201 2201 MONTAGE BUILDERS LLC Eff Date 060721 Exp Date 0607 COMMERCIAL UMBRETLTLA SCHEDUTLE ko ok ko ok ok ko ko ko kK ko ko Kk Kk ko Kk Kk Kk K Kk Kk Kk K R ko ok ko ko ok ok ko ok ok ko RETAINED LIMIT Self Insured Retention 0 SCHEDULE OF UNDERLYING INSURANCE Commercial Auto Liability Company Employers Mutual Casualty Company Policy Number SE69201 Policy Period 060721 to 060722 Minimum Applicable Limits Covered Auto Liability 1000000 Each Accident e 3 Company Employers Mutual Casualty Company Policy Number 5D69201 Policy Period 060721 to 060722 Occurrence Basis Minimum Applicable Limits General Aggregate Products Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Employee Benefit Liability WA 2000000 2000000 1000000 1000000 1000000 Each Employee 2000000 Aggregate B 1000000 Each Accident 1000000 Each Employee 1000000 Policy Limit | 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 |
COMMERCIAL LIABILITY UMBRELLA Cu 02081217 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEBRASKA CHANGES CANCELLATION AND NONRENEWAL COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. Paragraphs 2. and 3. of the Cancellation Common Policy Condition are replaced by the following 2.a. If this policy has been in effect for 60 days or less we may cancel this policy for any reason. b. If this policy has been in effect for more than 60 days or if this is a renewal of a policy we issued we may cancel this policy only for one or more of the following reasons 1 Nonpayment of premium 2 The policy was obtained through material misrepresentation 3 Any insured has submitted a fraudulent claim 4 Any insured has violated the terms and conditions of this policy 5 The risk originally accepted has substantially increased Certification to the Director of Insurance of our loss of reinsurance which provided coverage to us for all or a substantial part of the underlying risk insured or 7 The determination by the Director of Insurance that the continuation of the policy could place us in violation of the Nebraska Insurance Laws. 6 This endorsement modifies insurance provided under the following With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modified by the endorsement. c. If we cancel this policy subject to 2.a. or 2.b. above we will mail to the first Named Insured a written notice of cancellation stating the reasons for cancellation at least 1. 10 days before the effective date of cancellation if we cancel for nonpayment of premium or 2. 60 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail our notice by registered mail certified mail first class mail or first class mail using Intelligent Mail barcode IMb or another similar tracking method used or approved by the United States Postal Service to the first Named Insured s last mailing address known to us. If we mail our notice by first class mail a United States Postal Service Certificate of Mailing shall be sufficient proof of receipt of notice on the third calendar day after the date of the certificate of mailing. If the policy has been in effect 60 days or more or is a renewal or continuation policy and we cancel for a. Nonpayment of premium to a premium finance company or b. Any reason other than non payment of premium c. If we cancel this policy subject to 2.a. or 2.b. above we will mail to the first Named Insured a written notice of cancellation stating the reasons for cancellation at least 1. 10 days before the effective date of cancellation if we cancel for nonpayment of premium or 2. 60 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail our notice by registered mail certified mail first class mail or first class mail using Intelligent Mail barcode IMb or another similar tracking method used or approved by the United States Postal Service to the first Named Insured s last mailing address known to us. If we mail our notice by first class mail a United States Postal Service Certificate of Mailing shall be sufficient proof of receipt of notice on the third calendar day after the date of the certificate of mailing. If the policy has been in effect 60 days or more or is a renewal or continuation policy and we cancel for a. Nonpayment of premium to a premium finance company or b. Any reason other than non payment of premium CuU 02081217 Insurance Services Office Inc. 2017 Page 1 of 2 | 2 |
notice of cancellation will be sent by registered mail certified mail or first class mail using Intelligent Mail barcode IMb or another similar tracking method used or approved by the United States Postal Service. B. Paragraph 6. of the Cancellation Common Policy Condition does not apply. C. Conditon 10. When We Do Not Renew of Section IV Conditions is replaced by the following WHEN WE DO NOT RENEW 1. If we decide not to renew this policy we will mail written notice of nonrenewal stating the reasons for nonrenewal to the first Named Insured at least 60 days prior to the expiration date of this policy. 2. Any notice of nonrenewal will be mailed by registered mail certified mail first class mail or first class mail using Intelligent Mail barcode IMb or another similar tracking method used or approved by the United States Postal Service to the first Named Insured s last mailing address known to us. If we mail our notice by first class mail a United States Postal Service Certificate of Mailing shall be sufficient proof of receipt of notice on the third calendar day after the date of the certificate of mailing. Page 2 of 2 Insurance Services Office Inc. 2017 CuU 02081217 | 2 |
POLICY NUMBER POLICY NUMBER This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL LIABILITY UMBRELLA Cu 04031219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYEE BENEFITS LIABILITY COVERAGE THIS ENDORSEMENT PROVIDES CLAIMS MADE COVERAGE. PLEASE READ THE ENTIRE ENDORSEMENT CAREFULLY. SCHEDULE Additional Covered Employee Benefits Programs Limit Of Insurance Retained Limit Each Employee Aggregate Retroactive Date Information required to complete this Schedule if not shown above will be shown in the Declarations. A. The following is added to Section Coverages Coverage Employee Benefits 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 any act error or omission of the insured or of any other person for whose acts the insured is legally liable to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking damages for such an act error or omission when the underlying insurance does not provide coverage or the limits of underlying insurance have been exhausted. However we will have no duty to defend the insured against any suit seeking damages to which this insurance does not apply. At our discretion we may investigate any report of an act error or omission and settle any resultant claim or suit for which we have a duty to defend. But 1 The amount we will pay for ultimate net loss is limited as described in Paragraph D. 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. No other obligation or liability to pay sums or perform acts or services is covered unless explicitty provided for under Supplementary Payments.. This insurance applies only if 1 The act error or omission is negligently committed in the administration of your employee benefit program 2 The act error or omission did not take place before the Retroactive Date if any shown in the Schedule nor after the end of the policy period and A claim for damages because of an act error or omission is first made against any insured in accordance with Paragraph c. below during the policy period or an Extended Reporting Period we provide under Paragraph F. of this endorsement. CuU 04031219 Insurance Services Office Inc. 2018 Page 1 of 6 | 2 |
e. Inadequacy Of Performance Of Investment Advice Given With Respect To Participation Any claim based upon 1 Failure of any investment to perform 2 Errors in providing information on past performance of investment vehicles or 3 Advice given to any person with respect to that person s decision to participate or not to participate in any plan included in the employee benefit program. Workers Compensation And Similar Laws Any claim arising out of your failure to comply with the mandatory provisions of any workers compensation unemployment compensation insurance social security or disability benefits law or any similar law. g. ERISA Damages for which any insured is liable because of liability imposed on a fiduciary by the Employee Retirement Income Security Act of 1974 as now or hereafter amended or by any similar federal state or local laws. h. Available Benefits Any claim for benefits to the extent that such benefits are available with reasonable effort and cooperation of the insured from the applicable funds accrued or other collectible insurance.. Taxes Fines Or Penalties Taxes fines or penalties including those imposed under the Internal Revenue Code or any similar state or local law.. Employment related Practices Damages arising out of wrongful termination of employment discrimination or other employment related practices. B. For the purposes of the coverage provided by this endorsement 1. All references to Supplementary Payments Coverages A and B are replaced by Supplementary Payments Coverages A B and Employee Benefits Liability. 2. Paragraphs 1.b. and 3. of the Supplementary Payments provision do not apply. c. A claim seeking damages will be deemed to have been made at the earlier of the following times 1 When notice of such claim is received and recorded by any insured or by the underlying insurer or us if the limits of the underlying insurance have been used up whichever comes first or 2 When we make settlement in accordance with Paragraph 1.a. above or settlement is made by the underlying insurer with our agreement. A claim received and recorded by the insured within 60 days after the end of the policy period will be considered to have been received within the policy period if no subsequent policy is available to cover the claim. d. All claims for damages made by an employee because of any act error or omission or a series of related acts errors or omissions including damages claimed by such employee s dependents and beneficiaries will be deemed to have been made at the time the first of those claims is made against any insured. 2. Exclusions This insurance does not apply to a. Dishonest Fraudulent Criminal Or Malicious Act Damages arising out of any intentional dishonest fraudulent criminal or malicious act error or omission committed by any insured including the willful or reckless violation of any statute. b. Bodily Injury Property Damage Or Personal And Advertising Injury Bodily injury property damage or personal and advertising injury. c. Failure To Perform A Contract Damages arising out of failure of performance of contract by any insurer. d. Insufficiency Of Funds Damages arising out of an insufficiency of funds to meet any obligations under any plan included in the employee benefit program. Page 2 of 6 Insurance Services Office Inc. 2018 Cu 04031219 | 2 |
C. For the purposes of the coverage provided by this endorsement Paragraphs 1.b. and 1.c. of Section Il Who Is An Insured are replaced by the following 1. Except for liability arising out of the ownership maintenance or use of covered autos b. Each of the following is also an insured 1 Each of your employees who is or was authorized to administer your employee benefit program. 2 Any persons organizations or employees having proper temporary authorization to administer your employee benefit program if you die but only until your legal representative is appointed. 3 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 endorsement. 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 no other similar insurance applies 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. 2 Coverage under this provision does not apply to any act error or omission that was committed before you acquired or formed the organization. D. For the purposes of the coverage provided by this endorsement Section Ill Limits Of Insurance is replaced by the following 1. Our obligation to pay damages on behalf of the insured applies only to the amount of ultimate net loss in excess of the retained limit shown in the Schedule of this endorsement. If there is underlying insurance with a policy period that is non concurrent with the policy period of this endorsement the retained limit will only be reduced or exhausted by claims for that insurance that are made during the policy period or the Extended Reporting Period of this endorsement. 2. The Limits Of Insurance shown in the Schedule and the rules below fix the most we will pay regardless of the number of a Insureds b Claims made or suits brought c Persons or organizations making claims or bringing suits d Acts errors or omissions or e Benefits included in your employee benefit program. 3. The Aggregate Limit is the most we will pay for the sum of all ultimate net loss because of acts errors or omissions negligently committed in the administration of your employee benefit program. 4. Subject to the Aggregate Limit the Each Employee Limit is the most we will pay for the sum of all ultimate net loss for damages sustained by any one employee including damages sustained by such employee s dependents and beneficiaries as a result of a An act error or omission or b A series of related acts errors or omissions negligently committed in the administration of your employee benefit program. However the amount paid under this endorsement shall not exceed and will be subject to the limits and restrictions that apply to the payment of benefits in any plan included in the employee benefit program. The Limits of Insurance of this endorsement 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 of the Policy to which this endorsement is attached 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. CuU 04031219 Insurance Services Office Inc. 2018 Page 3 of 6 | 2 |
E. For the purposes of the coverage provided by this endorsement Condition 3. of Section IV Commercial Liability Umbrella Conditions is replaced by the following 3. Duties In The Event Of An Act Error Or Omission Or Claim Or Suit a. You must see to it that we are notified as soon as practicable of an act error or omission which may result in a claim. To the extent possible notice should include 1 What the act error or omission was and when it occurred and 2 The names and addresses of anyone who may suffer damages as a result of the act error or omission. 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 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of an act error or omission 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 without our consent. F. For the purposes of the coverage provided by this endorsement the following Extended Reporting Period provisions are added or if this endorsement is attached to a claims made Coverage Part replace any similar section in that Coverage Part Extended Reporting Period 1. You will have the right to purchase an Extended Reporting Period as described below if a. This endorsement is canceled or not renewed or b. We renew or replace this endorsement with insurance that 1 Has a Retroactive Date later than the date shown in the Schedule of this endorsement or 2 Does not apply to an act error or omission on a claims made basis. 2. The Extended Reporting Period does not extend the policy period or change the scope of coverage provided. It applies only to claims for acts errors or omissions that were first committed before the end of the policy period but not before the Retroactive Date if any shown in the Schedule. Once in effect the Extended Reporting Period may not be canceled. 3. An Extended Reporting Period of five years is available but only by an endorsement and for an extra charge. You must give us a written request for the endorsement within 60 days after the end of the policy period. The Extended Reporting Period will not go into effect unless you pay the additional premium promptly when due. We will determine the additional premium in accordance with our rules and rates. In doing s0 we may take into account the following a. The employee benefit programs insured b. Previous types and amounts of insurance c. Limits of insurance available under this endorsement for future payment of damages and d. Other related factors. Page 4 of 6 Insurance Services Office Inc. 2018 Cu 04031219 | 2 |
The additional premium will not exceed 100 of the annual premium for this endorsement. The Extended Reporting Period endorsement applicable to this coverage shall set forth the terms not inconsistent with this Section applicable to the Extended Reporting Period including a provision to the effect that the insurance afforded for claims first received during such period is excess over any other valid and collectible insurance available under policies in force after the Extended Reporting Period starts. 4. If the Extended Reporting Period is in effect we will provide an extended reporting period aggregate limit of insurance described below but only for claims first received and recorded during the Extended Reporting Period. The extended reporting period aggregate limit of insurance will be equal to the dollar amount shown in the Schedule of this endorsement under Limits Of Insurance. Paragraph D.3. of this endorsement will be amended accordingly. The Each Employee Limit shown in the Schedule will then continue to apply as set forth in Paragraph D.4. G. For the purposes of the coverage provided by this endorsement the following definitions are added to the Definitions section 1. Administration means a. Providing information to employees including their dependents and beneficiaries with respect to eligibility for or scope of employee benefit programs b. Handling records in connection with the employee benefit program or c. Effecting continuing or terminating any employee s participation in any benefit included in the employee benefit program. However administration does not include handling payroll deductions. 2. Cafeteria plans means plans authorized by applicable law to allow employees to elect to pay for certain benefits with pre tax dollars. 3. Claim means any demand or suit made by an employee or an employee s dependents and beneficiaries for damages as the result of an act error or omission. 4. Employee benefit program means a program providing some or all of the following benefits to employees whether provided through a cafeteria plan or otherwise a. Group life insurance group accident or health insurance dental vision and hearing plans and flexible spending accounts provided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to those employees who satisfy the plan s eligibility requirements b. Profit sharing plans employee savings plans employee stock ownership plans pension plans and stock subscription plans provided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to all employees who are eligible under the plan for such benefits c. Unemployment insurance social security benefits workers compensation and disability benefits d. Vacation plans including buy and sell programs leave of absence programs including military maternity family and civil leave tuition assistance plans transportation and health club subsidies and e. Any other similar benefits 1 Designated in the Schedule or added thereto by endorsement or 2 Specified under any policy of underlying insurance. H. For the purposes of the coverage provided by this endorsement Definitions 6. 19. and 21. in the Definitions section are replaced by the following 6. 19. Employee means a person actively employed formerly employed on leave of absence or disabled or retired. Employee includes a leased worker. Employee does not include a temporary worker. Retained limit means the available limits of underlying insurance shown in the Schedule of this endorsement as Retained Limit. CuU 04031219 Insurance Services Office Inc. 2018 Page 5 of 6 | 2 |
21. Suit means a civil proceeding in which damages because of an act error or omission 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 b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. Page 6 of 6 Insurance Services Office Inc. 2018 Cu 04031219 | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 21230202 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad Form This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART I. The insurance does not apply A. Under any Liability Coverage to bodily injury or property damage 1 With respect to which an insured under the policy is also an insured under a nuclear energy liability policy issued by Nuclear En ergy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nu clear Insurance Association of Canada or any of their successors or would be an in sured under any such policy but for its ter mination upon exhaustion of its limit of li ability or Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is re quired to maintain financial protection pur suant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the in sured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organi zation. B. Under any Liability Coverage to bodily injury or property damage resulting from hazard ous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom 2 2 The nuclear material is contained in spent fuel or waste at any time pos sessed handled used processed stored transported or disposed of by or on behalf of an insured or The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this Ex clusion 3 applies only to property dam age to such nuclear facility and any property thereat. Il As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material Spe cial nuclear material or by product material. Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel com ponent solid or liquid which has been used or exposed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentra tion of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or or ganization of any nuclear facility included under the first two paragraphs of the definition of nu clear facility. CU 21230202 ISO Properties Inc. 2001 Page 1 of 2 a | 2 |
Nuclear facility means a b Any nuclear reactor Any equipment or device designed or used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packag ing waste Any equipment or device used for the proc essing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of pluto nium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 d Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the forego ing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioac tive contamination of property. Page 2 of 2 ISO Properties Inc. 2001 CU 2123 02 02 a | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 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 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 or damage. b. Any loss cost or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxify ing neutralizing remediating or disposing of or in any way responding to or assess ing 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 in sured 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 21300115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insurance Act exceed 100 billion in a calendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. B. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. CuU 21300115 Insurance Services Office Inc. 2015 Page 1 of 1 | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 21360115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF PUNITIVE DAMAGES RELATED TO A CERTIFIED ACT OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. The following exclusion is added This insurance does not apply to TERRORISM PUNITIVE DAMAGES Damages arising directly or indirectly out of a certified act of terrorism that are awarded as punitive damages. B. The following definition is added Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. C. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for injury or damage that is otherwise excluded under this Coverage Part. CU 21360115 Insurance Services Office Inc. 2015 Page 1 of 1 | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 2158 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMUNICABLE DISEASE 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 Communicable Disease Bodily injury or property damage arising out of the actual or alleged transmission of a com municable disease. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the a. Supervising hiring employing training or monitoring of others that may be infected with and spread a communicable disease b. Testing for a communicable disease c. Failure to prevent the spread of the dis ease or d. Failure to report the disease to authorities. B. The following is added to Paragraph 2.a. of Sec tion Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to a. Personal and advertising injury Communicable Disease Arising out of the actual or alleged trans mission of a communicable disease. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the 1 Supervising hiring employing training or monitoring of others that may be in fected with and spread a communicable disease 2 Testing for a communicable disease 3 Failure to prevent the spread of the disease or 4 Failure to report the disease to authori ties. CU 2158 0509 Insurance Services Office Inc. 2008 Page 1 0of 1 m | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 21710615 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION UNMANNED AIRCRAFT This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. Exclusion 2.j. Aircraft Or Watercraft under This Paragraph j.2 applies even if the Section Coverage A Bodily Injury And claims against any insured allege Property Damage Liability is replaced by the negligence or other wrongdoing in the following supervision hiring employment training 2. Exclusions or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance This insurance does not apply to j. Aircraft Or Watercraft 1 Unmanned Aircraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft that is an unmanned aircraft. Use includes operation and loading or unloading. This Paragraph j.1 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 that is an unmanned aircraft. Aircraft Other Than Unmanned Aircraft Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft other than unmanned aircraft or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. use or entrustment to others of any aircraft other than unmanned aircraft or watercraft that is owned or operated by or rented or loaned to any insured. This Paragraph j.2 does not apply to a A watercraft while ashore on premises you own or rent b A watercraft you do not own that is i Less than 50 feet long and ii Not being used to carry persons or property for a charge c 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 in this Paragraph j.2 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 in this Paragraph j.2 will follow the same d This Paragraph j.2 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 other than unmanned aircraft or watercraft that is owned or operated by or rented or loaned to any insured. This Paragraph j.2 does not apply to a A watercraft while ashore on premises you own or rent A watercraft you do not own that is i Less than 50 feet long and ii Not being used to carry persons or property for a charge 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 in this Paragraph j.2 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 in this Paragraph j.2 will follow the same provisions exclusions and limitations that are contained in the applicable underlying insurance unless otherwise directed by this insurance or b c CU 21710615 Insurance Services Office Inc. 2014 Page 1 of 2 | 2 |
e Aircraft that is i Chartered by loaned to or hired by you with a paid crew and iij Not owned by any insured. B. The following exclusion is added to Paragraph 2. Exclusions of Coverage B Personal And Advel g Injury Liability 2. Exclusions This insurance does not apply to Unmanned Aircraft Personal and advertising injury arising out of the ownership maintenance use or entrustment to others of any aircraft that is an unmanned aircraft. 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 offense which caused the personal and advertising injury involved the ownership maintenance use or entrustment to others of any aircraft that is an unmanned aircraft. This exclusion does not apply to a. The use of another s advertising idea in your advertisement or b. Infringing upon another s copyright trade dress or slogan in your advertisement. C. The following definition is added to the Definitions section Unmanned aircraft means an aircraft that is not 1. Designed 2. Manufactured or 3. Modified after manufacture to be controlled directly by a person from within or on the aircraft. Page 2 of 2 Insurance Services Office Inc. 2014 CU 21710615 | 2 |
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