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COMMERCIAL LIABILITY UMBRELLA CU 2186 05 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY WITH LIMITED BODILY INJURY EXCEPTION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. Exclusion 2.t. of Section Coverage A Bodily As used in this exclusion electronic data Injury And Property Damage Liability is replaced by the following 2. Exclusions This insurance does not apply to t. Access Or Disclosure Of Confidential Or Personal Information And Data related Liability Damages 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 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 unless Paragraph 1 above applies this exclusion does not apply to damages because of bodily injury. 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. B. The following is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of 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. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of any access to or disclosure of any person s or organization s confidential or personal information 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. B. The following is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of 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. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of any access to or disclosure of any person s or organization s confidential or personal information. CU 21860514 Insurance Services Office Inc. 2013 Page 1 of 1 | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 24231207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COVERAGE FOR PROFESSIONAL SERVICES This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART Exclusion s. under Paragraph 2. Exclusions of Sec tion Coverage A Bodily Injury And Property Damage Liability and Exclusion a.15 under Para graph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability do not apply. Coverage provided will follow the provisions exclu sions and limitations of the underlying insurance unless otherwise directed by this insurance. CU 24231207 ISO Properties Inc. 2007 Page 1 of 1 a | 2 |
COMMERCIAL UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AGGREGATE LIMITS OF INSURANCE AMENDMENT PER PROJECT AGGREGATE FOR PREMISES OPERATIONS LIABILITY This endorsement modifies insurance coverage provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Item 2 under Section Ill Limit of Insurance is amended as follows by adding C. As respects Excess Commercial General Liability Coverage other than excess Products Completed Operations Hazard Coverage the aggregate limit shall apply separately to each of your projects away from premises owned by or rented to you. CU72708 06 Page 1 0f 1 | 2 |
COMMERCIAL UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ASBESTOS EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The policy does not apply to bodily injury personal and advertising injury or property damage including any associated clean up obligations arising out of the installation existence removal or disposal of asbestos or any substance containing asbestos fibers. CU72728 06 Includes copyrighted material of ISO Properties Inc. with its permission. Page 1 of 1 | 2 |
COMMERCIAL LIABILITY UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL UMBRELLA AMENDMENT OF COVERAGE COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Exclusion j. Aircraft or Watercraft under Section Coverages Coverage A Bodily Injury And Property Damage Liability 2. Exclusions is replaced by the following Bodily injury or property damage arising out of the ownership maintenance use entrustment to others or contractual agreement involving the use 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 entrustment to others or contractual agreement involving the use of any aircraft or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1. A watercraft while ashore on premises you own or rent 2. A watercraft you do not own that is a Less than 51 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 watercraft 4. The extent that valid underlying insurance for the watercraft liability risks described above exists or would have existed but for the exhaustion of underlying insurance for bodily injury or property damage. To the extent this exclusion does not apply the insurance provided under this Coverage Form for the 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. Fellow Employee Section Il Who is an Insured is amended by adding the following This endorsement modifies insurance provided under the following Paragraph 1. b.1ai ii and iii and Paragraph 2. b.6 do not apply if valid coverage for injury to co employees andor volunteer workers is listed in the underlying insurance. The following paragraphs are added to Section 1l Limit of Insurance 6. The aggregate limit is the most we will pay for the sum of all ultimate net loss due to covered professional services. 7. Subject to Paragraph 6. above the each occurrence limit is the most we will pay for the sum of all ultimate net loss due to covered professional services arising out of any one occurrence. Duties in the Event of Occurrence Offense Claim or Suit. Paragraph 3.a. of the Duties in The Event Of Occurrence Offense Claim Or Suit Condition Section IV Conditions is replaced by the following 3. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense regardless of the amount which may result in a claim. If you notify and underlying insurer of an occurrence or an offense involving bodily injury or personal and advertising injury you must see to it that we are also notified in writing as soon as practicable. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. E. Condition 5. Other Insurance of Section IV Conditions is replaced by the following 5. Other Insurance a. This insurance is excess over and shall not contribute with 1 any other valid and collectible insurance cu72763 21 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f2 | 2 |
2 self insurance or 3 deductible amounts whether such other insurance self insurance or deductible is stated to be primary contributing excess contingent or otherwise. This condition does not apply to a policy bought specifically to apply in excess of this insurance. We will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we have the right but not the duty to undertake to do so but we will be entitled to the insured s rights against all those other insurers. F. Condition 6. Premium Audit of Section IV Cond ns is replaced by the following 6. Premium Audit We will compute all premiums for this coverage part in accordance with our rules and rates. Your premium may be flat or adjustable subject to audit. The Declarations page will show which applies. If your premium is flat no additional premium is normally collected during the policy period unless there is a substantial change in type andor scope of your operations. If there is a substantial change in your operations and if there is an additional charge for your underlying insurance we have the right to charge an additional premium also. If your premium is adjustable we charge you the total advance premium as shown on the policy Declarations and then at the end of the policy period we review your records and determine final premium based upon the predetermined rate and exposure basis shown in the Declarations. Regardless of whether your premium is flat or adjustable the premium amount shown in the Declarations as the minimum will be the least amount that will be charged for this policy unless the policy is cancelled. The first Named Insured must keep records of the information we need for premium computation and send us copies at such times as we may request. G. The following definitions under Section V Definitions are replaced by the following 19. Retained Limit means the available limits of all underlying insurance and the self insured retention whichever applies. Underlying Insurance includes 24. 25. a. any policies of insurance listed in the declarations under the Schedule of underlying insurance and any other insurance available to the insured whether primary excess excess umbrella umbrella or contingent and irrespective of whether the insured elects to call upon such insurance to respond but only when such other insurance provides the same type of coverage provided in the policies listed in the Schedule of underlying insurance. Underlying insurance does not include any policy which was purchased specifically to apply in excess of the limits of liability that apply under this policy. Underlying Insurer means any insurer which provides any policy of insurance falling within the definition of underlying insurance. cur2r63 21 Includes copyrighted material of ISO Properties Inc. with its permission. Page 2 of 2 | 2 |
COMMERCIAL UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FOREIGN EXPOSURE FOLLOWING FORM This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM This policy does not apply to bodily injury property damage or personal and advertising injury arising out of any on going operations or bodily injury or property damage included within the products completed operations hazard outside of the United States of America including its territories and possessions Canada and Puerto Rico unless coverage is provided by underlying insurance. Coverage provided by this insurance will not be broader than the coverage provided by the underlying insurance. CU72938 06 Page 1 of 1 | 2 |
COMMERCIAL UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UMBRELLA LIABILITY AMENDMENT FOLLOWING FORM This endorsmenet modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM This endorsement does not apply to liability arising out of the following unless coverage is provided by underlying insurance. Coverage provided by this endorsement will not be broader than such underlying insurance. A. NEWLY ACQUIRED INTERESTS In paragraph 1.c.1 of SECTION Il WHO IS AN INSURED 90th day is changed to 180th day.. DUTIES IN THE EVENT OF OCCURRENCE CLAIM OR SUIT Paragraph 3. of SECTION IV CONDITIONS is amended by the following provision 1. The requirement in Condition 3.a. that you must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim applies only when the occurrence or offense is known to a. You if you are an individual or a limited liability company b. Apartner if you are a partnership c. A manager if you are a limited liability company d. An executive officer or insurance manager if you are a corporation or e. Atrustee if you are a trust. 2. The requirement in Condition 3.b. that you must see to it that we receive notice of a claim or suit as soon as practicable will not be considered breached unless the breach occurs after such claim or suit is known to a. You if you are an individual or a limited liability company b. A partner if you are a partnership c. A manager if you are a limited liability company d. An executive officer or insurance manager if you are a corporation or e. Atrustee if you are a trust. C. UNINTENTIONAL FAILURE TO DISCLOSE EXPOSURES Paragraph 7. REPRESENTATIONS OR FRAUD OF SECTION IV CONDITIONS is replaced as follows 7. REPRESENTATIONS OR FRAUD By accepting this policy you agree a. The statements in the Application are accurate and complete b. The information in underlying insurance is accurate and complete c. Those statements are based upon representations you made to us and d. We have issued this policy in reliance upon your representations. e. This policy may be voided in case of fraud or material misrepresentation by you. If you unintentionally fail to disclose any exposures existing at the inception date of your policy we will not deny coverage under this Coverage Part solely because of such failure to disclose. However this provision does not affect our right to collect additional premium or exercise our right of cancellation or non renewal. This provision does not apply to any known injury or damage which is excluded under any other provision of this policy. CU7404.110 08 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10of 1 | 2 |
This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF EMPLOYEE BENEFITS PROGRAM DEFINITION COMMERCIAL LIABILITY UMBRELLA COVERAGE ENDORSEMENT A. Paragraph G.4 of the Employee Benefits Liability Coverage Endorsement CU0403 is replaced by the following Employee benefit program means a program providing some or all of the following benefits to employees whether provided through a cafeteria plan or otherwise 4. Group life insurance group accident or health insurance dental vision prescription 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 Profit sharing plans employee savings plans individual retirement account IRA 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 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 Any other similar benefits designated in the Schedule or added thereto by endorsement. CUT43110 08 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10of 1 | 2 |
COMMERCIAL LIABILITY UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS OCCURRENCE DEFINITION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART For the purposes of the coverage provided by this endorsement Section V DEFINITIONS Paragraph 13. is amended to read Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions and also means accidental property damage but does not include faulty workmanship which is the defective condition of an insured s or subcontractor s work without a change or alteration in your work. CUT43811 09 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10of 1 | 2 |
COMMERCIAL LIABILITY UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION WHEN REQUIRED IN A WRITTEN CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The Transfer of Rights Of Recovery Against Others To Us Condition under Section IV Conditions is amended by the addition of the following We waive any right of recovery we may have against any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with the person or organization and included in the products completed operations hazard. CUT46012 15 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f 1 | 2 |
COMMERCIAL LIABILITY UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY OTHER INSURANCE CONDITION AUTOMATIC STATUS WHEN REQUIRED IN A WRITTEN CONTRACT This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART The following is added to Section Ill Limits of Insurance We will not pay more on behalf of the additional insured than the lesser of 1. The Limits of Insurance required in a written contract on a non contributory basis for such additional insured but only to the extent the required Limits of Insurance are in excess of the underlying insurance or 2. The Limits of Insurance available after the payment of ultimate net loss on any insured s behalf from any claim or suit. This provision is included within and does not act to increase the Limit of Insurance stated in the Declarations. Coverage will not be broader than the coverage provided by the underlying insurance listed in the Schedule of Underlying Coverages.. Paragraph 5. of Section IV Conditions is replaced by the following 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. However 1 This condition will not apply to other insurance specifically written as excess over this Coverage Part. 2 The insurance provided under this Coverage Part is primary to and will not seek contribution from any other insurance available to an additional insured provided that a The additional insured is a Named Insured under such other insurance b You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. 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 2 The total of all deductible and self insured amounts under all that other insurance. a The additional insured is a Named Insured under such other insurance b You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. 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 The total of all deductible and self insured amounts under all that other insurance. 2 CUT4681 17 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f 1 | 2 |
COMMERCIAL UMBRELLA 2019 UMBRELLA MULTISTATE AND STATE SPECIFIC ENDORSEMENT REVISION COMMERCIAL UMBRELLA COVERAGE PART ADVISORY NOTICE TO POLICYHOLDERS This Notice does not form part of your policy. No coverage is provided by this Notice nor can it be construed to replace any provision of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. If there is any conflict between the Policy and this Notice THE PROVISIONS OF THE POLICY SHALL PREVAIL. Carefully read your policy including the endorsements attached to your policy. This Notice provides information concerning the following new and revised endorsements which applies to your renewal policy being issued by us ENDORSEMENTS WITH EITHER BROADENINGS OR REDUCTIONS IN COVERAGE CU0454 Electronic Data Liability Limited Bodily Injury Exception Not Included When this endorsement is attached to your policy it will generally provide limited coverage with respect to loss of computerized or electronically stored data or software which results from physical injury to tangible property subject to a Loss Of Electronic Data Limit. It excludes access or disclosure of confidential or personal information and data related liability under Coverage A and Coverage B and will not provide a limited bodily injury exception included under Coverage A. e If the attachment of this endorsement replaces CU2186 Exclusion Access Or Disclosure Of Confidential Or Personal Information And Data related Liability With Limited Bodily Injury Exception or CU2187 Exclusion Access Or Disclosure Of Confidential Or Personal Information And Data related Liability Limited Bodily Injury Exception Not Included then coverage is broadened. e f the attachment of this endorsement replaces CU2188 Exclusion Access Or Disclosure Of Confidential Or Personal Information Coverage B Only then Coverage is broadened for data related liability in Coverage A e Coverage is reduced for access or disclosure of confidential or personal information in Coverage A and there is no coverage impact in Coverage B e f the attachment of this endorsement replaces CU0402 Electronic Data Liability then o Coverage is broadened for data related liability in Coverage A o Coverage is reduced with respect to bodily injury in Coverage A and o Coverage is reduced in Coverage B. CU0455 Electronic Data Liability Coverage Coverage A With Access Or Disclosure Of Confidential Or Personal Information Exclusion Coverage B When this endorsement is attached to your policy it will generally provide limited coverage with respect to loss of computerized or electronically stored data or software which results from physical injury to tangible property subject to a Loss Of Electronic Data Limit. It excludes access or disclosure of confidential or personal information from Coverage B only. If the attachment of this endorsement e Replaces CU2186 Exclusion Access Or Disclosure Of Confidential Or Personal Information And Data related Liability With Limited Bodily Injury Exception CU2187 Exclusion Access Or Disclosure Of Confidential Or Personal Information And Data related Liability Limited Bodily Injury Exception Not Included or CU2188 Exclusion Access Or Disclosure Of Confidential Or Personal Information Coverage B Only coverage is broadened. e Replaces CU0402 Electronic Data Liability coverage is broadened in Coverage A and coverage is reduced in Coverage B. CU832712 20 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f 7 | 2 |
CU2117 Exclusion Designated Operations Covered By A Controlled Wrap up Insurance Program This endorsement is revised to add a definition of controlled wrap up insurance program and revise Paragraph A. to emphasize the application of the exclusion to bodily injury and property damage arising out of ongoing operations as well as included within the products completed operations hazard at the locations described in the Schedule. The attachment of this endorsement may result in a reduction of coverage unless if this endorsement replaces the previous version of CU2117 on a policy it may result in a broadening of coverage. CU2184 Limited Exclusion Designated Operations Covered By A Controlled Wrap up Insurance Program This endorsement is revised to add a definition of controlled wrap up insurance program and revise Paragraph A. to emphasize the application of the exclusion to bodily injury and property damage arising out of ongoing operations as well as included within the products completed operations hazard at the locations described in the Schedule. The attachment of this endorsement may result in a reduction of coverage unless If this endorsement replaces the previous version of CU2184 on a policy it may result in a broadening of coverage. If this endorsement replaces CU2117 Exclusion Designated Operations Covered By A Controlled Wrap up Insurance Program on a policy it will result in a broadening of coverage. CU2220 Pharmacists This endorsement is revised to e Generally address state or federal laws affecting the professional services provided by pharmacists e Amend the exclusion for willful violation of a penal statute or ordinance to apply to the willful violation of applicable state or federal laws governing pharmacists not just sales of pharmaceuticals e Amend the exclusion for certain specific services performed by a pharmacist to apply to all tests not just blood tests e Remove managing drug therapy from the exclusion for certain specific services performed by a pharmacist and e Other editorial changes. With respect to removal of managing drug therapy from the exclusion of certain specified services this change may be considered a broadening in coverage. With respect to the amendment to the willful violation exclusion and the amendment to the exclusion for certain specified services related to tests these changes may result in a reduction of coverage. Other changes have no impact on coverage. CU3411 Exclusion Designated Operations Covered By A Controlled Wrap up Insurance Program Limited Exception For Additional Insureds When this endorsement is attached to your policy it will exclude coverage for designated operations covered by a controlled wrap up insurance program but contains a limited exception for additional insureds who are not enrolled in a controlled wrap up insurance program with respect to the location described in the Schedule of the endorsement. The attachment of this endorsement may result in a reduction of coverage unless if this endorsement replaces CU2117 Exclusion Designated Operations Covered By A Controlled Wrap up Insurance Program on a policy it will result in a broadening of coverage. CU3412 Limited Exclusion Designated Operations Covered By A Controlled Wrap up Insurance Program Limited Exception For Additional Insureds When this endorsement is attached to your policy it will exclude coverage for designated operations covered by a controlled wrap up insurance program unless the Wrap up program covering operations designated in the Schedule has been cancelled nonrenewed or otherwise no longer applies for reasons other than exhaustion of available limits. This endorsement also contains a limited exception for any person or organization as an additional insured who is not enrolled in a wrap up insurance program with respect to the location described in the Schedule of the endorsement. The attachment of this endorsement may result in a reduction of coverage unless if this endorsement replaces CU2117 Exclusion Designated Operations Covered By A Controlled Wrap up Insurance Program or CU2184 Limited Exclusion Designated Operations Covered By A Controlled Wrap up Insurance Program on a policy it will result in a broadening of coverage. CU832712 20 Includes copyrighted material of ISO Properties Inc. with its permission. Page 20f 7 | 2 |
CU3413 Amendment Of Liquor Liability Exclusion Limited Exception For Bring Your Own Alcohol When this endorsement is attached to your policy it will replace the liquor liability exclusion currently in your policy. It applies the exclusion if you manufacture sell or distribute alcoholic beverages and more generally applies the exclusion if you serve or furnish alcoholic beverages whether or not a charge is made or a license is required. It does provide an exception for liability resulting from the intoxication of any person because alcoholic beverages were permitted on your premises for consumption on your premises. If the attachment of this endorsement replaces endorsements CU2113 Amendment Of Liquor Liability Exclusion or CU2114 Amendment Of Liquor Liability Exclusion Exception For Scheduled Premises Or Activities it may result in a broadening of coverage. The attachment of this endorsement to a policy not containing endorsements CU2113 or CU2114 results in a reduction of coverage. CU3414 Exclusion Pollution Limited Exception For Covered Autos When this endorsement is attached to your policy it will replace the pollution exclusion currently in your policy. It provides that pollution related bodily injury or property damage and pollution related costs or expenses are excluded. The exclusion does not apply with respect to bodily injury property damage or pollution related cost or expense arising out of the ownership maintenance or use of a covered auto if valid underlying insurance for the referenced pollution liability risks exists or would have existed but for the exhaustion of underlying limits for bodily injury and property damage. The attachment of this endorsement may result in a reduction in coverage. However if a Total Pollution Exclusion is provided in the underlying insurance the attachment of this endorsement may result in a broadening of coverage. ENDORSEMENTS THAT ONLY REFLECT A BROADENING IN COVERAGE CU0403 Employee Benefits Liability Coverage This endorsement is revised to state in part that 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. The definition of retained limit as it applies in this endorsement will mean the available limits of underlying insurance shown in the Schedule of this endorsement as Retained Limit. The definition of employee benefit program is revised to include any similar benefit program specified in any underlying insurance. When this endorsement is attached to your policy there is no impact as a result of the addition of the retained limit definition as it generally reinforces the language presently in the endorsement. However with respect to the revision of the employee benefit program definition if any underlying insurance benefit plan was not already designated in the Schedule of this endorsement or added thereto by endorsement it may result in a broadening of coverage. CU2481 Automatic Insured Status For Newly Acquired Or Formed Limited Liability Companies When this endorsement is attached to your policy coverage is broadened to generally include limited liability companies you newly acquire or form and over which you maintain ownership or majority interest if there is no other similar insurance available to that limited liability company. CU2501 Designated Projects Aggregate Limit Of Insurance When this endorsement is attached to your policy a separate Designated Project Aggregate Limit applies to each project designated in the Schedule of the endorsement. This is a broadening of coverage. CU2502 Designated Locations Aggregate Limit Of Insurance When this endorsement is attached to your policy a separate Designated Location Aggregate Limit applies to each location designated in the Schedule of the endorsement. This is a broadening of coverage. CU2503 Businessowners Liability Changes Including Products Completed Operations Aggregate Limit Of Insurance When this endorsement is attached to your policy a separate Products Completed Operations Aggregate Limit applies to all ultimate net loss under Coverage A for damages because of bodily injury and property damage included in the products completed operations hazard which provides greater compatibility with the limits of insurance related to an underlying Businessowners Policy. This is a broadening of coverage. CU832712 20 Includes copyrighted material of ISO Properties Inc. with its permission. Page 30f 7 | 2 |
ENDORSEMENTS THAT ONLY REFLECT A REDUCTION IN COVERAGE CU2263 Pharmacists Broadened Coverage This endorsement is revised to e Generally address state or federal laws affecting the professional services provided by pharmacists e Amend the exclusion for willful violation of a penal statute or ordinance to apply to the willful violation of applicable state or federal laws governing pharmacists not just sales of pharmaceuticals e Add negligent supervision related language and e Other editorial changes. There is no impact on coverage. However the negligent supervision provision may result in a reduction in coverage in states where courts have ruled professional services exclusions to be inapplicable to negligent supervision claims and other similar types of claims. CU2479 Limited Bodily Injury Definition When this endorsement is attached to your policy the definition of bodily injury is amended using the same definition as currently found within the Commercial General Liability Coverage Form CG0001. Attachment of this endorsement to your policy will result in a reduction of coverage. CU3410 Exclusion Athletic Or Sports Participants All Contests Or Exhibitions When this endorsement is attached to your policy it will expressly exclude coverage under Coverage A with respect to operations described in the Schedule of the endorsement for bodily injury to any person while practicing for or participating in any sports or athletic contest or exhibition. If this endorsement is attached as a replacement for CU2101 Exclusion Athletic Or Sports Participants it may result in a restriction in coverage with respect to events the insured does not sponsor. If this endorsement is newly attached to the Policy it may result in a restriction in coverage. CU3415 Genetically Modified Organism Exclusion Endorsement When this endorsement is attached to your policy bodily injury property damage and personal and advertising injury arising out of genetic modification whether by design or accident will be excluded. To the extent that current policy exclusions do not limit liability arising out of genetically modified products attachment of this endorsement to your policy will result in a reduction of coverage. CU3416 Genetically Modified Organism Exclusion For Designated Operations Or Products Endorsement When this endorsement is attached to your policy bodily injury property damage and personal and advertising injury arising out of genetic modification whether by design or accident will be excluded but only with respect to operations or products listed in the Schedule of the endorsement. To the extent that current policy exclusions do not limit liability arising out of genetically modified products attachment of this endorsement to your policy will result in a reduction of coverage. CU3417 Exclusion Earth Movement When this endorsement is attached to your policy it will exclude coverage for bodily injury and property damage that arises out of earth movement that is caused by or alleged to have been caused by in whole or in part or aggravated by or alleged to have been aggravated by various operations related to your work as defined within the Policy. To the extent there is an exposure for liability arising out of earth movement as defined within the endorsement that may be caused by alleged to be caused by or aggravated by or alleged to be aggravated by that which is described in the endorsement may result in a restriction of coverage. CU3418 Exclusion Earth Movement Completed Operations When this endorsement is attached to your policy it will exclude coverage for bodily injury and property damage that arises out of earth movement that is caused by or alleged to have been caused by in whole or in part or aggravated by or alleged to have been aggravated by various operations related to your work as defined in the Policy and that is included in the products completed operations hazard also as defined in the Policy. To the extent there is an exposure for liability arising out of earth movement as defined within the endorsement that may be caused by alleged to be caused by or aggravated by or alleged to be aggravated by that which is described in the endorsement may result in a restriction of coverage. CU3419 Earth Movement Exclusion For Designated Operations Or Projects When this endorsement is attached to your policy it will exclude coverage for bodily injury and property damage that arises out of earth movement that is caused by or alleged to have been caused by in whole or in part or aggravated by or alleged to have been aggravated by various operations but only with respect to operations or projects described in the Schedule of the endorsement and as those operations or projects relates to your work as defined within the Policy. CU832712 20 Includes copyrighted material of ISO Properties Inc. with its permission. Page 4 of 7 | 2 |
To the extent there is an exposure for liability arising out of earth movement as defined within the endorsement that may be caused by alleged to be caused by or aggravated by or alleged to be aggravated by that which is described in the endorsement may result in a restriction of coverage. CU3420 Exclusion All Hazards In Connection With An Electronic Smoking Device Its Vapor Component Parts Equipment And Accessories When this endorsement is attached to your policy it will generally exclude all bodily injury property damage or personal and advertising injury with respect to an electronic smoking device. To the extent that an exposure exists with respect to an electronic smoking device its vapor component parts equipment and accessories attachment of this endorsement will result in a reduction in coverage. CU3421 Exclusion Health Hazards Electronic Smoking Device Vapor When this endorsement is attached to your policy it will generally exclude bodily injury with respect to vapor delivered from an electronic smoking device. To the extent that an exposure exists with respect to the actual alleged threatened or suspected inhalation of contact with exposure to existence of or presence of vapor delivered from an electronic smoking device or any component part of or equipment or accessory designed for use with an electronic smoking device in connection with the actual alleged threatened or suspected inhalation of contact with exposure to existence of or presence of vapor delivered from an electronic smoking device not otherwise excluded the attachment of this endorsement will result in a reduction in bodily injury coverage. However such reduction in coverage does not apply coverage for bodily injury arising out of the explosion bursting or rupturing of an electronic smoking device or any component part equipment or accessory designed for use with an electronic smoking device for any reason due to a related exception in the endorsement. CU3422 Cannabis Exclusion When this endorsement is attached to your policy it generally excludes bodily injury property damage and personal and advertising injury related exposures associated with cannabis. To the extent that an exposure exists with respect to the cannabis related activity or events addressed in this endorsement attachment of this endorsement will result in a reduction in coverage. However due to related exceptions in the endorsement the attachment of this endorsement will not result in a reduction of coverage for Bodily injury or property damage arising out of the actual alleged threatened or suspected inhalation ingestion absorption or consumption of or contact with cannabis by an insured or any other person for whom you are legally responsible but only if the bodily injury or property damage does not arise out of your selling serving or furnishing of cannabis to any such person and Personal and advertising injury arising out of the offenses addressing in part i false arrest detention or imprisonment and i wrongful eviction. CU3423 Cannabis Exclusion With Hemp Exception When this endorsement is attached to your policy it generally excludes bodily injury property damage and personal and advertising injury related exposures associated with cannabis while also containing an exception generally addressing injury or damage arising out of goods or products containing or derived from hemp or damage to such goods or products. To the extent that an exposure exists with respect to the cannabis related activity or events addressed in this endorsement attachment of this endorsement will result in a reduction in coverage. However due to related exceptions in the endorsement the attachment of this endorsement will not result in a reduction of coverage for Bodily injury or property damage arising out of the actual alleged threatened or suspected inhalation ingestion absorption or consumption of or contact with cannabis by an insured or any other person for whom you are legally responsible but only if the bodily injury or property damage does not arise out of your selling serving or furnishing of cannabis to any such person Personal and advertising injury arising out of the offenses addressing in part i false arrest detention or imprisonment and i wrongful eviction and Bodily injury property damage or personal advertising injury arising out of goods or products containing or derived from hemp including but not limited to i seeds ii food iii clothing iv lotions oils or extracts v building materials or vi paper and property damage to any such goods or products unless and to the extent any such goods or products are prohibited under an applicable state or local statute regulation or ordinance in the state wherein the i bodily injury or property damage occurs ii occurrence which caused the bodily injury or property damage takes place or jii the offense which caused the personal and advertising injury was committed. CU832712 20 Includes copyrighted material of ISO Properties Inc. with its permission. Page 50f 7 | 2 |
CU3424 Cannabis Exclusion With Hemp And Lessors Risk Exceptions When this endorsement is attached to your policy it broadly excludes bodily injury property damage and personal and advertising injury related exposures associated with cannabis while also containing an exception addressing injury or damage arising out of goods or products containing or derived from hemp or damage to such goods or products. It also contains an explicit exception addressing bodily injury property damage or personal and advertising injury arising out of the ownership maintenance or use of a premises leased to others by you. To the extent that an exposure exists with respect to the cannabis related activity or events addressed in this endorsement attachment of this endorsement will result in a reduction in coverage. However due to related exceptions in the endorsement the attachment of this endorsement will not result in a reduction of coverage for Bodily injury or property damage arising out of the actual alleged threatened or suspected inhalation ingestion absorption or consumption of or contact with cannabis by an insured or any other person for whom you are legally responsible but only if the bodily injury or property damage does not arise out of your selling serving or furnishing of cannabis to any such person Personal and advertising injury arising out of the offenses addressing in part i false arrest detention or imprisonment and ii wrongful eviction due to related exceptions in the endorsement Bodily injury property damage or personal advertising injury arising out of goods or products containing or derived from hemp including but not limited to i seeds i food iii clothing iv lotions oils or extracts v building materials or vi paper and property damage to any such goods or products unless and to the extent any such goods or products are prohibited under an applicable state or local statute regulation or ordinance in the state wherein the i bodily injury or property damage occurs i occurrence which caused the bodily injury or property damage takes place or iii the offense which caused the personal and advertising injury was committed and Bodily injury property damage or personal advertising injury arising out of the ownership maintenance or use of a premises leased to others by you. ENDORSEMENTS THAT REFLECT A REINFORCEMENT OR NO CHANGE IN COVERAGE CU0412 Condominiums Co ops Associations Directors And Officers Liability Coverage This endorsement is revised to state in part that 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. The definition of retained limit as it applies in this endorsement will mean the available limits of underlying insurance shown in the Schedule of this endorsement as Retained Limit or the self insured retention whichever applies. These revisions are a reinforcement of the language currently in the endorsement and have no impact on coverage. CU0423 Excess Auto Dealers Acts Errors Or Omissions Liability Coverages This endorsement is revised to incorporate editorial revisions. There is no impact on coverage. CU2101 Exclusion Athletic Or Sports Participants This endorsement is revised So that negligent supervision related language will apply to the participation or practicing of any sports or athletic contests and To replace while with arising out of in relation to the phrase practicing for or participating in to reinforce that injuries can be revealed at a time later than the related practice or participation. These revisions are a reinforcement of original coverage intent and have no impact on coverage. CU2108 Exclusion Intercompany Products Suits This endorsement is revised to include the term suit within the endorsement for consistency with language used in the new cross suits liability exclusion endorsements and is a clarification of coverage intent. CU2218 Optical And Hearing Aid Establishments This endorsement is revised to replace including with the following in the Insuring Agreement provision and other editorial revisions. This is a reinforcement of coverage intent and has no impact on coverage. CU2221 Colleges Or Schools This endorsement is revised So that negligent supervision related language will apply to the participation or practicing of any sports or athletic contests and CU832712 20 Includes copyrighted material of ISO Properties Inc. with its permission. Page 6 of 7 | 2 |
To replace while with arising out of in relation to the phrase practicing for or participating in to reinforce that injuries can be revealed at a time later than the related practice or participation. These revisions are a reinforcement of original coverage intent and have no impact on coverage. CU2403 Waiver Of Transfer Of Rights Of Recovery Against Others To Us Waiver Of Subrogation This endorsement is revised to address various situations where the insured has agreed to waive its right of recovery against another person or organization and adds a provision to reinforce that the waiver of the insurer applies only to the extent that the insured has waived its right of recovery and that the insured s waiver occurred prior to loss. Other editorial revisions have also been made. These changes have no impact on coverage. CU2429 Businessowners Liability Changes CU2436 Products Completed Operations Aggregate Limit Of Insurance These endorsements are revised to include a nonconcurrency provision regarding underlying insurance written on a claims made basis. These changes reinforce coverage intent consistent with the limits of insurance provisions of the Commercial Liability Umbrella Coverage Form. CU2480 Waiver Of Transfer Of Rights Of Recovery Against Others To Us Waiver Of Subrogation Automatic When this endorsement is attached to your policy it will automatically waive the insurer s right of recovery on a blanket basis to the extent the insured has waived its right of recovery in a written contract or agreement. Attachment of this endorsement does not impact coverage. CU9901 Premium Audit Noncompliance Charge When this endorsement is attached to your policy it may apply a premium audit noncompliance charge andor a reassessment charge if you do not cooperate with a premium audit at the end of the policy period as provided in the Premium Audit Condition in your policy. Attachment of this endorsement does not impact coverage but this may incur additional charges if you fail to cooperate with a premium audit. CU832712 20 Includes copyrighted material of ISO Properties Inc. with its permission. Page 7 of 7 | 2 |
IL0017 1198 COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. A. Cancellation b. Give you reports on the conditions we find 1. The first Named Insured shown in the Declara tions may cancel this policy by mailing or deli vering to us advance written notice of cancella tion. 2. We may cancel this policy by mailing or deli vering to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of cancel lation if we cancel for nonpayment of pre mium or b. 30 days before the effective date of cancel lation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be ef fective even if we have not made or offered a refund. 6. If notice is mailed proof of mailing will be suffi cient proof of notice.. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy.. Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years af terward. D. Inspections And Surveys 1. We have the right to a. Make inspections and surveys at any time and c. Recommend changes. 2. We are not obligated to make any inspections surveys reports or recommendations and any such actions we do undertake relate only to in surability and the premiums to be charged. We do not make safety inspections. We do not un dertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advisory rate service or similar organization which makes in surance inspections surveys reports or rec ommendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recom mendations we may make relative to certifica tion under state or municipal statutes ordin ances or regulations of boilers pressure ves sels or elevators. E. Premiums The first Named Insured shown in the Declara tions 1. Is responsible for the payment of all premiums and 2. Will be the payee for any return premiums we pay. F. 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 represent ative. 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. IL0017 1198 Copyright Insurance Services Office Inc. 1998 Page 1 of 1 a | 2 |
NNNNNNNNN MEMC Employers Mutual Casualty Company NONASSESSABLE POLICY MUTUAL PROVISIONS Corporate Office Des Moines lowa The Insured shall not be liable for any assessment under this policy. By acceptance of this policy the Named Insured becomes a member of the Company and shall be entitled to vote at all meetings of the Company and shall upon termination of this policy participate in the distribution of dividends as fixed and determined by the directors in accordance with law. The annual meeting of the members i held at the Corporate Office of the Company in Des Moines lowa at 930 a.m. Central time on the second Wednesday in February of each year. IN WITNESS WHEREOF this Company has executed and attested these presents. it H cjj Lf Todd A Strother Secretary Scott R. Jean President MEMC MEMC EMCASCO Insurance Company Corporate Office Des Moines lowa IN WITNESS WHEREOF this Company has executed and attested these presents. it H cjj Ul Todd A Strother Secretary Scott R. Jean President Union Insurance Company of Providence Corporate Office Des Moines lowa IN WITNESS WHEREOF this Company has executed and attested these presents. i HT cjj Todd A Strother Secretary Scott R. Jean President MEMC llinois EMCASCO Insurance Company Corporate Office Des Moines lowa IN WITNESS WHEREOF this Company has executed and attested these presents. it H cjj Lf Todd A Strother Secretary Scott R. Jean President MEMC Dakota Fire Insurance Company Corporate Office Bismarck North Dakota IN WITNESS WHEREOF this Company has executed and attested these presents. it H cjj Lf Todd A Strother Secretary Scott R. Jean President Corporate Office Des Moines lowa Corporate Office Des Moines lowa Corporate Office Des Moines lowa 1L70043 20 Page 10f 2 | 2 |
MNEMC EMC Property Casualty Company Corporate Office Des Moines lowa IN WITNESS WHEREOF this Company has executed and attested these presents. i A j Todd A Strother Secretary Scott R. Jean President MENC Employers Mutual Casualty Company MUTUALS MEMBERSHIP AND VOTING NOTICE Corporate Office Des Moines lowa Applicable in the State of Texas The Insured is notified that by virtue of this policy the Insured is a member of the Employers Mutual Casualty Company of Des Moines lowa and is entitled to vote either in person or by proxy at any and all meetings of said Company. The Annual Meetings are held in its Corporate Office Des Moines low on the second Wednesday of February in each year at 930 am. Central time. MUTUALS PARTICIPATION CLAUSE WITHOUT CONTINGENT LIABILITY No Contingent Liability This policy is non assessable. The policyholder is a member of the Company and shall participate to the extent and upon the conditions fixed and determined by the Board of Directors in accordance with the provisions of law in the distribution of dividends so fixed and determined. IN WITNESS WHEREOF this Company has executed and attested these presents. f Todd A Strother Secretary Scott R. Jean President Corporate Office Des Moines lowa 1L70043 20 Page 20f 2 | 2 |
COMMERCIAL INTERLINE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION PROVIDED BY US TO PERSONS OR ORGANIZATIONS WITH WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT OR AGREEMENT This policy is subject to the following additional Conditions If we cancel this policy by notice to the first Named Insured for any statutorily permitted reason other than for non payment of premium notice of such cancellation will be provided at least thirty 30 days in advance of the cancellation effective date to any persons or organizations with whom you have agreed in a written contract or agreement to provide such persons or organizations with a notice of cancellation but only if 1. You have provided the name and address of such persons or organizations to your authorized agent and 2. Your authorized agent provides us with that list within three 3 business days from the date we request it from them. If notice is mailed proof of mailing to the last known mailing address of such persons or organizations will be sufficient proof of notice. Failure to provide such notice to such persons or organizations will not amend or extend the date the cancellation becomes effective nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon us our agents or our representatives. IL74475 15 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f 1 | 2 |
INTERLINE COMMUNICABLE DISEASE EXCLUSION ENDORSEMENT IMPORTANT NOTICE TO POLICYHOLDERS This Notice does not form a part of your insurance contract. No coverage is provided by this Notice nor can it be construed to replace any provisions of your policy including its endorsements. If there is any conflict between this Notice and the policy including its endorsements THE PROVISIONS OF THE POLICY INCLUDING ITS ENDORSEMENTS SHALL PREVAIL. Carefully read your policy including the endorsements attached to your policy. Please contact your agent to discuss any questions. This Notice provides information concerning one or more of the following new endorsements applies to your renewal policy being issued by us BP1486 Communicable Disease Exclusion Endorsement CA2557 Communicable Disease Exclusion Endorsement CG2132 Communicable Disease Exclusion Endorsement CU2158 Communicable Disease Exclusion Endorsement When any of the above Communicable Disease Exclusion endorsements are attached to your policy coverage is excluded for liability arising out of the actual or alleged transmission of a communicable disease. The attachment of any of these endorsements may result in a reduction of coverage. The purpose of these new endorsements is to make clear the original coverage intent and to match our reinsurance programs as closely as possible. 1L876310 20 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f 1 | 2 |
Z ZURICH Staffing Liability Program Claims Procedures Insured s Duties in Event of a Loss Claim or Suit When you or a member of your staff are made aware of a potential claim receive notice of a claim or are served with suit papers notice should be forwarded immediately to Zurich in North America. When reporting a claim send all relevant claim documents to Zurich via There are 5 reporting methods listed below. 1. Email usz carecenterzurichna.com 2. Web Reporting Log on to www.zurichna.com Click on the Claims link and on the right side of screen click ZNA Online Claims From left side of screen click on the type of claim that you want to report Follow the prompts and hit Submit 3. Phone 800 987 3373 4. Fax 877 962 2567 5. Mail Zurich in North America P.O. Box 49547 Colorado Springs CO 80949 WWSPI N1 0412 Page 1 of 2 | 2 |
Along with the relevant claim documents please include the following information Refer to program of insurance World Wide Staffing Services Insurance Policy number Name of Insured Name of Insured s contact person along with telephone fax numbers Date of loss Type of loss Brief description of the loss Location of loss Claimant What Happens After You Report a Claim Written Acknowledgment Letter Within 24 to 48 hours upon Zurich s receipt of the claim Zurich will send the Insured a written letter of acknowledgement with the claims number assigned to the claim and the name and contact information of the Claims Professional assigned to adjust the claim. Telephone Call from the Claims Professional The Claims Professional assigned to the claim will contact the Insured within 1 business day of receipt of the claim to discuss the claim and further handling. Lawsuits If a lawsuit has been filed against the Insured the Claims Professional will confirm coverage and then assign defense counsel for the Insured. Defense counsel assignment will be made from a panel list of qualified attorneys in the jurisdiction who have the relevant experience to defend claims against the staffing industry. General Questions Our clients are urged to contact us at any time during the claim process with questions or concerns. Margarita Hambrock CPCU ARe Compliance Manager Actuary World Wide Specialty Programs Inc. 68 South Service Road Suite 235 Melville NY 11747 Phone 631 390 0900 ext 135 Phone 800 245 9653 Fax 631 390 0922 mhambrockwwspi.com WWW.wwspi.com WWSPI N1 0412 Page 2 of 2 | 2 |
Z ZURICH Commercial Umbrella Liability Policy Zurich North America Insurance is provided by the company designated on the Declarations of this policy. U UMB100 B CW 72003 Page I of | 2 |
Z ZURICH SANCTIONS EXCLUSION ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY The following exclusion is added to the policy to which it is attached and supersedes any existing sanctions language in the policy whether included in an Exclusion Section or otherwise SANCTIONS EXCLUSION Notwithstanding any other terms under this policy we shall not provide coverage nor will we make any payments or provide any service or benefit to any insured beneficiary or third party who may have any rights under this policy to the extent that such cover payment service benefit or any business or activity of the insured would violate any applicable trade or economic sanctions law or regulation. The term policy may be comprised of common policy terms and conditions the declarations notices schedule coverage parts insuring agreement application enrollment form and endorsements or riders if any for each coverage provided. Policy may also be referred to as contract or agreement. We may be referred to as insurer underwriter we us and our or as otherwise defined in the policy and shall mean the company providing the coverage. Insured may be referred to as policyholder named insured covered person additional insured or claimant or as otherwise defined in the policy and shall mean the party person or entity having defined rights under the policy. These definitions may be found in various parts of the policy and any applicable riders or endorsements. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED U GU1191 A CW 0315 Page 1 of 1 | 2 |
Z ZURICH THIS DISCLOSURE IS ATTACHED TO AND MADE PART OF YOUR POLICY. DISCLOSURE OF IMPORTANT INFORMATION RELATING TO TERRORISM RISK INSURANCE ACT Insured Name Policy Number Effective Date SCHEDULE Premium attributable to risk of loss from certified acts of terrorism for lines of insurance subject to TRIA Terrorism excludes Umbrella Liability Any information required to complete this Schedule if not shown above will be shown in the quote or proposal. A. Disclosure of Premium In accordance with the federal Terrorism Risk Insurance Act TRIA as amended we are required to provide you with a notice disclosing the portion of your premium if any attributable to the risk of loss from terrorist acts certified under that Act for lines subject to TRIA. That portion of premium attributable is shown in the Schedule above. The premium shown in the Schedule above is subject to adjustment upon premium audit if applicable. B. Disclosure of Federal Participation in Payment of Terrorism Losses The United States Government may pay a share of insured losses resulting from an act of terrorism. The federal share will decrease by 5 from 85 to 80 over a five year period while the insurer share increases by the same amount during the same period. The schedule below illustrates the decrease in the federal share January1 2015 December 31 2015 federal share 85 January1 2016 December 31 2016 federal share 84 January1 2017 December 31 2017 federal share 83 January1 2018 December 31 2018 federal share 82 January1 2019 December 31 2019 federal share 81 January1 2020 December 31 2020 federal share 80 C. Disclosure of 100 Billion Cap on All Insurer and Federal Obligations If aggregate insured losses attributable to terrorist acts certified under TRIA exceed 100 bilion in a calendar year January 1through December 31 and an insurer has met its deductible under the program that insurer shall not be liable for the payment of any portion of the amount of such 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 Treasury. D. Availability As required by TRIA we have made available to you for lines subject to TRIA coverage for losses resulting from acts of terrorism certified under TRIA with terms amounts and limitations that do not differ materially from those for losses arising from events other than acts of terrorism. E. Definition of Act of Terrorism under TRIA TRIA defines act of terrorism as any act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act TRIA to be an act of terrorism. The Terrorism Risk Insurance Act provides that the Secretary of Treasury shall certify an act of terrorism 1. To be an act of terrorism errorism excludes Umbrella U GU630 D CW0115 Page 10f 2 Copyright 2015 Zurich American Insurance Company Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
2. Tobe a violent act or an act that is dangerous to human life property or infrastructure 3. To have resulted in damage within the United States or outside of the United States in the case of an air carrier as defined in section 40102 of Title 49 United States Code or a United States flag vessel or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States or the premises of a United States mission and 4. To have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. No act may be certified as an act of terrorism if the act is committed as part of the course of a war declared by Congress except for workers compensation or if losses resulting from the act in the aggregate for insurance subject to TRIA do not exceed 5000000. U GU630 D CW0115 Page 2 of 2 Copyright 2015 Zurich American Insurance Company Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Z ZURICH THIS ENDORSEMENT is attached to and made part of your policy. this endorsement does not grant any coverage or change the terms and conditions of any coverage under THE POLICY. DISCLOSURE OF PREMIUM RELATING TO DISPOSITION OF TRIA SCHEDULE 1 Premium attributable to risk of loss from certified acts of terrorism through the end of the policy period based on the extension of the Terrorism Risk Insurance Act of 2002 as amended by the Terrorism Risk Insurance Extension Act of 2005 TRIA for lines subiect to TRIA and the Terrorism Risk Insurance Program Reauthorization Act of 2007 TRIPRA Terrorism excludes Umbrella Liability If TRIA terminates the portion of this premium attributable to the remaining part of the policy period as modified by any from terrorism after the termination of TRIA. change shown in 2 of this Schedule applies to the risk of los 2 Premium change upon termination of TRIA or upon applicability of a Conditional Endorsement No change unless one of the following is completed Return Premium N A Additional Premium If we notify you of an additional premium charge the additional premium will be due as specified in such notice. Information required to complete this Schedule if not shown above will be shown in the Declarations. December 31 2014 unless extended by the federal government. A. Disclosure of Premium In accordance with the TRIA we are required to c provide you with a notice disclosing the portion of your premium if any attributable to the risk of loss from ter rorist acts certified under that Act for lines subject to TRIA. That portion of your premium attributable i shown in the Schedule of this endorsement or in the Declarations. nal or Return Premium The premium attributable to the risk of loss from certified acts of terrorism cover age is calculated based on the coverage if any in effect at the beginning of your policy for certified acts of terrorism. If your policy contains a Conditional Endorsement the termination of TRIA or extension. L. of the federal program with certain modifications as B. Disclosure of Federal Participation in Pay ment of.. N explained in that endorsement may modify the Terrorism Losses coverage if 2 dvs f The United States Government Department of the extent of coverage if any your policy provides for s Oep If TRIA terminates or the Conditional N terrorism. Treasury will pay a share of terrorism losses insured Endorsement becomes applicable o your policy the under the federal program. The federal share equals R. retun premium if any or additional premium if 85 of that portion of the amount of such insured. any shown in 2 of the Schedule will apply. If the losses that exceeds the applicable insurer retention. T et i level or terms of federal participation change the ne Act currently provides for no nsurance Incustry premium shown in 1 of the Schedule attributable to or United States government participation in that part of the policy period extending beyond such terrorism that exceed 100 billion in any one P poley p e e a change may not be appropriate and we will notify calendar year. The federal program established by y Y you of any changes in your premium. errorism excludes Umbrella Liability TRIA terminates the portion of this premium attributable to the remaining part of the policy period. modified by any anial vl oA ul Myl dyptivatiiiity v d Aanidiiiviial AU e At following is completed Disclosure of Premium In accordance with the TRIA we are required to provide you with a notice disclosing the portion of your premium if any attributable to the risk of loss from ter rorist acts certified under that Act for lines subject to TRIA. That portion of your premium attributable i shown in the Schedule of this endorsement or in the Declarations. Disclosure of Federal Participation in Pay ment of Terrorism Losses The United States Government Department of the Treasury will pay a share of terrorism losses insured under the federal program. The federal share equals 85 of that portion of the amount of such insured losses that exceeds the applicable insurer retention. The Act currently provides for no insurance industry or United States government participation in terrorism losses that exceed 100 billion in any one calendar year. The federal program established by Includes copyrighted material of ISO Properties Inc. with ts permission. Copyright Zurich Ameriean Insurance Company 2013 U GU692 C CW 0613Page 1of 1 | 2 |
Z ZURICH Important Notice In Witness Clause In return for the payment of premium and subject to the terms of this policy coverage is provided as stated in this policy. IN WITNESS WHEREOF this Company has executed and attested these presents and where required by law has caused this policy to be countersigned by its duly Authorized Representatives. 7744 bmw M DK President Corporate Secretary QUESTIONS ABOUT YOUR INSURANCE Your agent or broker is best equipped to provide information about your insurance. Should you require additional information or assistance in resolving a complaint call or write to the following please have your policy or claim number ready Zurich in North America Customer Inquiry Center 1299 Zurich Way Schaumburg lllinois 60196 1056 1 800 382 2150 Business Hours 8 am 4 pm CT Email info.sourcezurichna.com 56 4 pm CT S 1 800 382 U GU319 F 0109 Page I of 1 | 2 |
Policy Number UMB 0369250 00 SCHEDULE OF NAMED INSUREDS Effective Date 03252017 1201 A.M. Standard Time Agent No. 93962000 Named Insured Effective Date 03252017 Ultimate LLC 1201 AM. Standard Time Agent Name Agent No. 93962000 World Wide Specialty Programs Inc. Ultimate Group LLP U GU621 A CW 1002 | 2 |
Z ZURICH Commercial Umbrella Liability Policy Declarations Insurance is provided by the company below American Guarantee Liability Insurance Company Administrative office 1400 American Ln Schaumburg IL 60196 800 382 2150 Policy Number UMB 0369250 00 Renewal of 1. Named Insured Ultimate LLC Producer World Wide Specialty Programs Inc. 68 South Service Road Suite 235 Melville NY 11747 Policy Number UMB 0369250 00 1. Named Insured Ultimate LLC Mailing Address 8014 State Line Rd Ste 206 Prairie Village KS 66208 Email Address 3. Policy Period Policy Period FROM 3252017 TO 3252018 at 1201 A.M. Standard Time at the address of the Named Insured. Limits of Insurance 2000000 2000000 2000000 o 0o w 250000 Retained Limit Policy Premium Advance Premium Policy Minimum Earned Premium Schedule of Underlying Insurance Endorsements Attached Occurrence Other Aggregate Products Completed Operations Aggregate Casualty Business Crisis Aggregate Limit 0 Occurrence 2500.00 2500.00 SNIA See attached Schedule of Underlying Insurance See attached Schedule of Forms and Endorsements Retained Limit Policy Premium Advance Premium Policy Minimum Earned Premium Schedule of Underlying Insurance Endorsements Attached U UMB D101 C CW 0310 Page 1 of 1 | 2 |
Z ZURICH Schedule of Underlying Insurance Policy No. ET. Date of Pol. Exp. Date of Pol. ET. Date of End. Named Insured Mailing Address Producer Ultimate LLC World Wide Specialty Programs Inc. 8014 State Line Rd 68 South Service Road Suite 235 Ste 206 Melville NY 11747 Prairie Village KS 66208 Company Policy No. and Term Coverage Applicable Li A. Company Zurich American Insurance Commercial General Liability 1000000 Each Occurrence Company 2000000 Products Completed Operations Aggregate Policy No. PRA 0990462 00 Term 03252017 Thru 03252018 2000000 General Aggregate s s Per Location s Per Job Project 1000000 Personal Injury Advertising Injury Including Employee Benefits s Each Claim B. Company Zurich American Insurance Commercial Auto Liability s Bodily Injury Company Property Damage Policy No. PRA 0990462 00 1000000 Combined Single Term 03252017 Thru 03252018 Limit C. Company Commerce and Industry Employers Liability Bodily Injury By Accident Insurance Company 1000000 Each Accident Policy No. WC 065 43 7462 Bodily Injury By Discase Term 03242017 Thru 03242018 1000000 Each Employee Signed by Authorized Representative Date Company Zurich American Insurance Company Policy No. PRA 0990462 00 Term 03252017 Thru 03252018 ymmercial General Liability 1000000 2000000 2000000 1000000 Each Occurrence Products Completed Operations Aggregate General Aggregate Per Location Per Job Project Personal Injury Advertising Injury General Aggregate urance 2752018 ymmercial Auto Liability 1000000 nit Company Commerce and Industry Insurance Company Policy No. WC 065 43 7462 Term 03242017 Thru 03242018 nployers Liability dily Injury By Accident 1000000 Each Accident dily Injury By Discase 1000000 Each Employee U UMB105 A CW 799 Page 1of 1 | 2 |
Extended Schedule of Underlying Insurance Z ZURICH Policy No. EAF. Date of Pol. Exp. Date of Pol. EAF. Date of End. Producer No. UMB 0369250 00 03252017 031252018 93962000 Named Insured Mailing Address Producer Ultimate LLC 8014 State Line Rd Ste 206 Prairie Village KS 66208 World Wide Specialty Programs Inc. 68 South Service Road Suite 235 Melville NY 11747 Extended Schedule of Underlying Insurance Term Company Policy No. and Term Coverage Applicable Li Company Products Liability s Policy No. s Term Company Policy No. and Term Coverage Applicable Company Zurich American Insurance Company Employee Benefits Liability 1.000000 Each Act Error or Omission Limit Policy No. PRA 0990462 00 2000000 Aggregate Limit Term 03252017 Thru 03252018 Company Policy No. and Term Coverage Applicable Limits Company Stop Gap s BI by accident Each Accident Policy No. s BI by disease Policy Limit Term s BI by disease Each Employee Company Policy No. and Term Coverage Applicable Limits Company Foreign Liability Premises. s Policy No. Only T s Per Location erm s Per Project Company Policy No. and Term Coverage Company Foreign Liability Products s Policy No. Completed Operations Term Liability Company Policy No. and Term Coverage Applicable Company Foreign Liability Premi s Policy No. And Products Completed S Term Ops Liabilit em ps LTy s Per Location Company Policy No. and Term Coverage Applicable Limits Company Foreign Liability s BI Property Damage Policy No. Automobile Liability s Combined Single Limit Per Location Shui S U UMB106 A CW 799 Page 10f3 | 2 |
Company Policy No. and Term Coverage Applicable Limits Company Forcign Liability S BI Each Accident Policy No. Employers Liability s BI Each Employce Term Discase Company Policy No. and Term Coverage Applicable Limits Company Errors Omissions Liability S Policy No. Term Company Policy No. and Term Coverage Applicable Company Liquor Liability S Policy No. Term Company Policy No. and Term Coverage Company Aircraft Liability S Policy No. Term Company Policy No. and Term Coverage Applicable Company Watercraft Liability S Policy No. Term Company Policy No. and Term Applicable Limi Company Auto Liability Policy No. s Each Accident Term Garage Liability Other than Auto Liability Company Policy No. and Term Coverage Applicable Limits Company Zurich American Insurance Professional Liability 1000000 Each Claim Company Policy No. PRA 0990462 00 2000000 Aggregate Term 03252017 Thru 03252018 Company Policy No. and Term Coverage Applicable Limits Company Commerce and Industry Insurance Employers Liability Bodily Injury By Accident Company 1000000 Each Accident Policy No. WC 065 43 7463 s ach Aeeiden Term 03242017 Thru 032412018 Bodily Injury By Discase 1000000 Each Employee licy No. rm 72527018 2000000 Aggregate Company licy No. WC 065 43 7463 m 03242017 Thru 03242018 1000000 Each Accident dily Injury By Discase 1000000 Each Employee U UMB106 A CW 799 Page2of3 | 2 |
Signed by Authorized Representative Date U UMB106 A CW 799 Page3 of 3 | 2 |
Schedule of Forms and Endorsements Policy No. Z ZURICH UMB 0369250 00 EAT. Date of Pol. Exp. Date of Pol. EAF. Date of End. Producer No. 03252017 031252018 93962000 Named Insured Mailing Address Ultimate LLC 8014 State Line Rd Ste 206 Prairie Village KS 66208 Producer World Wide Specialty Programs Inc. 68 South Service Road Suite 235 Melville NY 11747 Schedule of Forms and Endorsements Schedule of Forms and Endorsements Form Name Commercial Umbrella Liability Policy Jacket Sanctions Exclusion Endorsement Terrorism Policy Disclosure Endorsement Terrorism Disclosure Policy Endorsement In Witness Clause Schedule of Named Insureds Commercial Umbrella Liability Policy Declarations Schedule Of Underlying Insurance Extended Schedule Of Underlying Insurance Schedule of Forms and Endorsements Commercial Umbrella Liability Policy Claims Made Coverage Endorsement Communicable Disease Exclusion Cross Suits Exclusion Liquor Law Liability Exclusion Professional Liability Follow Form Kansas Cancellation And Nonrenewal Fungus Or Bacteria Exclusion Certified Acts Of Terrorism Exclusion Coverages A B Silica Or Silica Mixed Dust Exclusion Welding Health Hazard Exclusion Abusive Acts Exclusion Form Number U UMB100 B CW 0703 U GU1191 A CW 0315 U GU630 D CW 0115 U GU692 C CW 0613 U GU319 F 0109 U GU621 A CW 1002 U UMB D101 C CW 0310 U UMB105 A CW 0799 U UMB106 A CW 0799 U UMB104 A CW 0799 U UMB103 C CW 0310 U UMB131 C CW 0313 U UMB133 B CW 0509 U UMB141 A CW 0799 U UMB196 B CW 0114 U UMB229 D CW 0114 U UMB286 B KS 0410 U UMB385 B CW 0703 U UMB400 B CW 0108 U UMB488 A CW 0604 U UMB489 A CW 0604 U UMB 531 A CW 0905 Signed by Authorized Representative Date U UMB104 A CW 799 Page 1of 1 | 2 |
Z Commercial Umbrella Liability Policy ZURICH There are provisions in this policy that restrict coverage. Read the entire policy carefully to determine your rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a named insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such in SECTION V. DEFINITIONS of this policy. Words and phrases that are printed in bold face type are defined in this policy. These definitions are found in SECTION V. DEFINITIONS of this policy or in the specific policy provision where they appear. In consideration of the payment of the premium and in reliance upon the statements in the Declarations and in accordance with the provisions of this policy we agree with you to provide coverage as follows Insuring Agreements SECTION 1. COVERAGE A. Coverage A Excess Follow Form Liability Insurance Under Coverage A we will pay on behalf of the insured those damages covered by this insurance in excess of the total applicable limits of underlying insurance. With respect to Coverage A this policy includes 1. The terms and conditions of underlying insurance to the extent such terms and conditions are not inconsistent or do not conflict with the terms and conditions referred to in Paragraph 2. below and 2. The terms and conditions that apply to Coverage A of this policy. Notwithstanding anything to the contrary contained above if underlying insurance does not apply to damages for reasons other than exhaustion of applicable Limits of Insurance by payment of loss then Coverage A does not apply to such damages. Also Coverage A does not apply to any form of casualty business crisis expense insurance even if such insurance is afforded under underlying insurance or would have been afforded except for the exhaustion of the Limits of Insurance of underlying insurance. B. Coverage B Umbrella Liability Insurance Under Coverage B we will pay on behalf of the insured those damages the insured becomes legally obligated to pay by reason of liability 1. Imposed by law because of bodily injury property damage or personal and advertising injury or 2. Assumed under an insured contract because of bodily injury or property damage covered by this insurance but only if the injury damage or offense arises out of your business takes place during the policy period of this policy and is caused by an occurrence happening anywhere. We will pay such damages in excess of the Retained Limit specified in Item 5. of the Declarations or the amount payable by other insurance whichever is greater. Coverage B does not apply to any loss claim or suit for which insurance is afforded under underlying insurance or would have been afforded except for the exhaustion of the Limits of Insurance of underlying insurance. The amount we will pay for loss under Coverage A or Coverage B is limited as described in SECTION II. LIMITS OF INSURANCE. We have no obligation under Coverage A andor Coverage B with respect to any settlement made without our consent. The insurance afforded under Coverage A and Coverage B applies to bodily injury or property damage only if prior to the policy period no designated insured knew that the bodily injury or property damage had occurred in whole or in part. If such a designated insured knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. R U UMB103 C CW 0310 Page 1 0f20 | 0 |
Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any designated insured includes any continuation change or resumption of that bodily injury or property damage after the policy period and Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any designated insured 1. Reports all or any part of the bodily injury or property damage to us or any other insurer 2. Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3. Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. C. Coverage C Casualty Business Crisis Expense Under Coverage C we will pay for casualty business crisis expense regardless of fault arising from a casualty business crisis first commencing during the policy period. No underlying insurance or Retained Limit applies to Coverage C. Subject to the other terms and conditions of this coverage we shall pay casualty business crisis expense from the first dollar of such expense. The amount we will pay for casualty business crisis expense under Coverage C is limited as described in SECTION II. LIMITS OF INSURANCE. Any amounts that we pay under Coverage C will not obligate us in any way under Coverage A or Coverage B. SECTION Il. LIMITS OF INSURANCE A. With respect to Coverage A and Coverage B the Limits of Insurance shown in the Declarations and the rules below describe the most we will pay regardless of the number of 1. Insureds 2. Claims made or suits brought 3. Coverages provided under this policy or 4. Persons or organizations making claims or bringing suits. B. The Limits of Insurance of this policy will apply as follows 1. The limit stated in Item 4.B. of the Declarations for the Other Aggregate is the most we will pay for all loss under Coverage A and Coverage B combined except for a. Loss covered under the products completed operations hazard and b. Loss covered in underlying insurance to which no underlying aggregate limit applies. In addition with respect to Coverage A only if a policy listed on the Schedule of Underlying Insurance contains aggregate limits other than an aggregate limit applying to the products completed operations hazard the Other Aggregate limit stated in Item 4.B. of the Declarations will apply in the same manner as such other aggregate limits of each policy listed in the Schedule of Underlying Insurance. 2. The limit stated in Item 4.C. of the Declarations for the Products Completed Operations Aggregate is the most we will pay for all loss under both Coverage A and Coverage B combined as a result of bodily injury or property damage included within the products completed operations hazard. 3. Subject to Paragraph B.1. or B.2. above whichever applies the limit stated in Item 4.A. of the Declarations for Occurrence is the most we will pay for all loss arising out of any one occurrence even if such loss is covered in whole or in part under both Coverage A and Coverage B. C. Coverage A applies only in excess of the greater of the actual Limits of Insurance of underlying insurance or the Limits of Insurance shown on the Schedule of Underlying Insurance forming a part of this policy. D. With respect to Coverage C the limit stated as the Casualty Business Crisis Expense Aggregate Limit in Item 4.D. of the Declarations is the most we will pay for all casualty business crisis expense first commencing during the policy period. This limit is in addition to and casualty business crisis expense does not reduce or exhaust any other Limit of Insurance applicable to this policy. E. The Limits of Insurance of this policy apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy U UMB103 C CW 0310 Page 2 0f 20 | 1 |
period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the preceding period for purposes of determining the Limits of Insurance. F. With respect to Coverage A only and subject to paragraphs B.1. B.2.B.3. and C. above 1. If the limits of underlying insurance have been reduced solely by payment of loss for which coverage is afforded under this policy this policy will drop down to become immediately excess of the reduced underlying limit or 2. If the limits of underlying insurance have been exhausted solely by payment of loss for which coverage is afforded under this policy this policy will continue in force as underlying insurance. SECTION lll. DEFENSE AND SUPPLEMENTARY PAYMENTS A. We have the right and duty to assume control of the investigation and settlement of any claim or defense of any suit against the insured for damages covered by this policy 1. Under Coverage A when the applicable limit of underlying insurance and other insurance has been exhausted by payment of loss for which coverage is afforded under this policy or 2. Under Coverage B when damages are sought for bodily injury property damage or personal and advertising injury to which no underlying insurance or other insurance applies. B. Under Coverage C we do not assume any duty to control the investigation and settlement of any claim or defense of any suit that may arise from a covered casualty business crisis. C. In those circumstances where paragraph A. above applies we will pay our expenses and the following to the extent that they are not included in underlying insurance 1. Up to 2000 for the cost of bail bonds. We do not have to furnish these bonds. 2. The cost of bonds to release attachments but only for bond amounts within the amount of insurance available. We do not have to furnish these bonds. 3. Reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings because of time off from work. 4. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured. 5. Pre judgment interest awarded against the insured on that part of the judgment we pay. However if we make an offer to pay the applicable Limit of Insurance we will not pay any pre judgment interest based on that period of time after the offer. 6. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court that part of the judgment that is within the applicable Limits of Insurance. When our expenses and the payments described in paragraph C. above are not included in the definition of loss they will not reduce the Limits of Insurance. D. In those circumstances where paragraph A. above does not apply we do not have the duty to assume control of the investigation and settlement of any claim or defense of any suit against the insured. We do however have the right to participate in the investigation and settlement of any claim or defense of any suit that we feel may create liability on our part under the terms of this policy. If we exercise this right we will do so at our expense. We will not investigate and settle any claim or defend any suit after we have exhausted the applicable Limit of Insurance as stated in Item 4. of the Declarations. If we are prevented by law from carrying out the provisions of Section Ill. Paragraph A. above we will pay any expense incurred with our consent. SECTION IV. EXCLUSIONS A. Under Coverage A and Coverage B this policy does not apply to any liability damage loss cost or expense ASBESTOS 1. Avrising out of or relating in any way to a. Asbestos or which would not have occurred in whole or in part but for the actual alleged or threatened discharge dispersal release leakage leaching friability flaking escape or presence of asbestos regardless U UMB103 C CW 0310 Page 3 0f 20 | 1 |
of whether any other cause event material or product contributed concurrently or in any sequence to the injury or damage or b. Any 1 Request demand order statutory or regulatory requirement direction or determination that any insured or others test for investigate monitor clean up remove study contain treat encapsulate control or take any other action regarding asbestos or 2 Claim or suit for damages arising out of or relating in any way to any request demand order statutory or regulatory requirement direction or determination than any insured or others test for investigate monitor clean up remove study contain treat encapsulate control or take any other action regarding asbestos. EMPLOYMENT PRACTICES 2. Arising out of any bodily injury or personal and advertising injury to a. A person arising out of any 1 Failure to employ or promote that person 2 Termination of that person s employment including actual or alleged constructive dismissal 3 Employment related practices policies acts or omissions including but not limited to injury arising from coercion demotion evaluation reassignment discipline defamation harassment molestation humiliation retaliation hostile work environment discrimination or malicious prosecution directed at that person or b. The spouse domestic partner child parent brother or sister of that person as a consequence of any bodily injury or personal and advertising injury to that person at whom any of the employment related practices described in subparagraphs 1 2 or 3 above is directed. This exclusion applies a. Whether the injury causing event described in paragraph 2.a. above occurs before employment during employment or after employment of that person b. Whether the insured may be held liable as an employer or in any other capacity or c. To any obligation to share damages with or repay someone who must pay damages because of the injury. LAWS MISCELLANEOUS 3. Under any of the following a. Any uninsured underinsured motorist or auto no fault or first party personal injury law b. Any workers compensation unemployment compensation or disability benefits law or any similar law or c. The Employees Retirement Income Security Act E.R.I.S.A. of 1974 as now or hereafter amended. LOSS OF OR LOSS OF USE OF INTANGIBLE PROPERTY 4. Arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate or process intangible property. For purposes of this insurance electronic data is intangible property. NUCLEAR 5. a. With respect to which any insured under this policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its Limits of Insurance or b. Resulting from the hazardous properties of nuclear material and with respect to which 1 A person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or 2 Any insured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization or U UMB103 C CW 0310 Page 4 0f 20 | 1 |
c. Any injury or nuclear property damage resulting from the hazardous properties of nuclear material if 1 The nuclear material a Is at any nuclear facility owned by or operated by or on behalf of any insured b Has been discharged or dispersed therefrom 2 The nuclear material is contained in spent fuel or waste at any time possessed handled used processed stored transported or disposed of by or on behalf of any insured or 3 The injury or nuclear property damage arises out of the furnishing by any insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this subparagraph 3 applies only to nuclear property damage to such nuclear facility and any property thereat. As used in this exclusion Hazardous properties include radioactive toxic or explosive properties. Nuclear Facility means 1 Any nuclear reactor 2 Any equipment or device designed or used for a Separating the isotopes of uranium or plutonium b Processing or utilizing spent fuel or c Handling processing or packaging waste 3 Any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of any insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 or 4 Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. Nuclear material means source material special nuclear material or by product material. Nuclear property damage includes all forms of radioactive contamination of property. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. 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 1 Containing by product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content and 2 Resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility. VIOLATION OF STATUTES 6. Resulting from or arising directly or indirectly out of any action or omission that violates or is alleged to violate a. b. The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law The CAN SPAM Act of 2003 including any amendment of or addition to such law U UMB103 C CW 0310 Page 5 0f 20 | 1 |
c. The Fair Credit Reporting Act FCRA and any amendment or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or d. Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. WAR AND MILITARY ACTION 7. Arising directly or indirectly out of a. War including undeclared or civil war b. Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or c. Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these regardless of any other cause or event that contributes concurrently or in any sequence to injury or damage. B. Under Coverage A this policy does not apply to any liability damage loss cost or expense POLLUTION 1. Arising directly or indirectly out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a. At or from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does not apply to 1 Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests 2 Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to underlying insurance as an additional insured with respect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or 3 Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire b. Ator from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste c. Which are or were at any time transported handled stored treated disposed of or processed as waste by or for any insured or any person or organization for whom you maybe legally responsible or d. At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. However this subparagraph does not apply to 1 Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operation fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor U UMB103 C CW 0310 Page 6 0f 20 | 1 |
f. 3 Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. That are or that are contained in any property that is 1 Being transported or towed by handled or handled for movement into onto or from any auto for which coverage is provided by underlying insurance 2 Otherwise in the course of transit by or on behalf of any insured or 3 Being stored disposed of treated or processed in or upon any auto. However this subparagraph f. does not apply to bodily injury or property damage arising out of i The escape of fuels lubricants other operating fluids exhaust gases or other similar pollutants that are needed for or result from the normal electrical hydraulic or mechanical functioning of a covered auto or ii The escape of pollutants from a covered auto that directly results from the collision upset or overturn of such auto while in the course of transit away from any premises owned by or rented to any insured. 2. Arising out of any Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or Claim or suit brought by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. C. Under Coverage B this policy does not apply to AIRCRAFT AUTOS OR WATERCRAFT 1. 2. Any liability damage loss cost or expense arising out of the ownership maintenance operation use loading or unloading or entrustment to others of any b. c. Aircraft owned by you or rented loaned or chartered by or on behalf of you without crew Auto or Watercraft owned by you except watercraft while ashore on premises you own or rent. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured. EMPLOYEE INJURY Any injury to An employee of the insured arising out of and in the course of 1 Employment by the insured or 2 Performing duties related to the conduct of the insured s business or Any injury to the spouse domestic partner child parent brother or sister of that employee as a consequence of exclusion 2.a. above. This exclusion applies whether the insured may be liable as an employer or in any other capacity or to any obligation to share damages with or repay someone else who must pay damages because of an injury. IMPAIRED PROPERTY 3. Property damage to impaired property or property that has not been physically injured arising out of U UMB103 C CW 0310 Page 70f20 | 1 |
a. b. A defect deficiency inadequacy or dangerous condition in your product or your work or A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. INTENTIONAL INJURY 4. Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. PERSONAL and ADVERTISING INJURY 5. Personal and advertising injury a. Caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury b. Arising out of oral or written publication of material if done by or at the direction of the insured with knowledge of its falsity c. Arising out of oral or written publication of material whose first publication took place before the beginning of the policy period d. Arising out of a criminal act committed by or at the direction of any insured e. For which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement f. Arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement g. Arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement h. Arising out of the wrong description of the price of goods products or services stated in your advertisement i. Arising out of the infringement of copyright patent trademark trade secret trade dress slogan or other intellectual property rights. However this exclusion does not apply to infringement of copyright trade dress or slogan in your advertisement j. Committed by an insured whose business is 1 Advertising broadcasting publishing electronic publishing or telecasting 2 Designing or determining content of web sites for others or 3 An Internet search access or content provider. However this exclusion 5.j. does not apply to sub paragraphs C. 12. a. b.. and h. of personal and advertising injury under SECTION V. DEFINITIONS. For purposes of this exclusion 5.j. the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting k. Avrising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control or I. Arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. POLLUTION 6. Any liability damage loss cost or expense U UMB103 C CW 0310 Page 8 0f 20 | 1 |
a. Arising directly or indirectly out of the actual alleged or threatened existence discharge seepage migration dispersal release or escape of pollutants or b. Arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2 Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. PRODUCT RECALL 7. Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of a. b. c. Your product Your work or Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. PROPERTY DAMAGE 8. Property damage to o a0 vw g. h. Property you own rent or occupy including any costs or expenses incurred by you or any person or organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property Premises you sell give away or abandon if the property damage arises out of any part of those premises Property loaned to you Personal property in your care custody or control That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it Your product arising out of it or any part of it or Your work arising out of it or any part of it and included in the products completed operations hazard. D. Under Coverage C this policy does not apply to any casualty business crisis arising out of based upon or attributable to PRIOR NOTICE 1. Facts alleged or to the same or related acts alleged or contained in any crisis claim or suit that has been reported or in any circumstances where notice has been given under any policy of which this policy or any underlying insurance is a renewal or replacement or PENDING OR PRIOR CRISIS CLAIM OR SUIT 2. Any pending or prior claim or suit as of the inception date of this policy. SECTION V. DEFINITIONS In this policy words and phrases appearing in bold face type have the definitions shown below. A. The following definitions are applicable to Coverage A Coverage B and Coverage C. 1. Designated insured means U UMB103 C CW 0310 Page 9 0f 20 | 1 |
a. The persons and organizations specifically described under SECTION V. DEFINITIONS sub paragraphs C.6.a. through C.6.e. below for any insured or b. Any employee authorized by you to give or receive notice of an occurrence claim or suit. 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. Loss means those sums actually paid that the insured is legally obligated to pay as damages for the settlement or satisfaction of a claim because of injury or offense after making proper deductions for all recoveries and salvage. However a. Under Coverage A 1 Loss also includes defense expenses and supplementary payments if underlying insurance includes defense expenses and supplementary payments in the Limits of Insurance and 2 Loss does not include defense expenses and supplementary payments if underlying insurance does not include defense expenses and supplementary payments in the Limits of Insurance. b. Under Coverage B. loss does not include defense expenses and supplementary payments. Other insurance means a policy of insurance providing coverage that this policy also provides. Other insurance includes any type of self insurance or other mechanisms by which an insured arranges for funding of legal liabilities. Other insurance does not include underlying insurance or a policy of insurance specifically purchased to be excess of this policy providing coverage that this policy also provides. Pollutants mean any man made or naturally occurring solid liquid gaseous or thermal irritant or contaminant including but not limited to smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. Suit means a civil proceeding in which injuries or damages to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit pursuant to law or contract or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. Underlying insurance means the policy or policies of insurance listed in the Schedule of Underlying Insurance forming a part of this policy. We will only be liable for amounts in excess of the Limits of Insurance shown in the Schedule of Underlying Insurance for any underlying insurance.. The following definitions are applicable to Coverage A only 1. 2. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. Insured means a. You b. Any person or organization included as an insured in underlying insurance and c. Any person or organization qualifying as an additional insured in underlying insurance but only to the same extent that such person or organization is an additional insured under such underlying insurance. Non Admitted Jurisdiction means a. Any country or political subdivision in which we are not licensed or permitted to insure risks and where doing so would violate the insurance laws and regulations of such jurisdiction or b. Any country or political subdivision where we are prevented by law from investigating defending or settling an occurrence or suit. Occurrence means a covered event as defined in underlying insurance. Qualified Entity means any entity person or organization that is not an insured under this policy and would qualify as an insured under this policy but for the fact that the entity is registered domiciled or has ongoing operations in a non admitted jurisdiction. U UMB103 C CW 0310 Page 10 020 | 1 |
C. The following definitions are applicable to Coverage B only 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For purpose of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding websites only that part of a website that is about your goods products or services for the purpose of attracting customers or supporters is considered an advertisement. Auto means a. A land motor vehicle trailer or semi trailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. However auto does not include mobile equipment. Bodily injury means physical injury sickness or disease including death of a person. Bodily injury to such person also means mental anguish mental injury humiliation or shock if directly resulting from physical injury sickness or disease. Employee includes a leased worker. Employee does not include a temporary worker. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. Itincorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement If such property can be restored to use by a. The repair replacement adjustment or removal of your product or your work or b. Your fuffilling the terms of the contract or agreement. Insured means a. You if you are an organization shown in the Declarations other than a partnership joint venture or limited liability company. Your executive officers and directors are insureds but only with respect to their duties as your executive officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders b. You if you are a partnership or joint venture shown in the Declarations. Your members your partners and their spouses or domestic partners are also insureds but only with respect to the conduct of your business c. You and your spouse or domestic partner if you are an individual shown in the Declarations but only with respect to the conduct of a business of which you are the sole owner d. You if you are a limited liability company shown in the Declarations. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers e. You if you are a trust shown in the Declarations. Your trustees are also insureds but only with respect to their duties as trustees Your employees but only for acts within the scope of their employment by you Your volunteer workers but only while performing duties related to the conduct of your business Any person or organization while acting as your real estate manager or i. Your legal representative if you die but only with respect to duties as such. T e U UMB103 C CW 0310 Page 11020 | 1 |
No person or organization is an insured with respect to the conduct of any current past or newly formed partnership limited liability company or joint venture that is not designated within the Declarations of this policy as Named Insured. 7. Insured contract means any written or oral agreement entered into by the insured in the usual course of the business operations of the insured in which the insured assumes the tort liability of another to pay damages because of bodily injury or property damage to a third person or organization where the contract or agreement is made prior to the injury or damage. Liability means a liability that would be imposed by law in the absence of any contract or agreement. 8. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. 9. 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 4 Vehicles that travel on crawler treads e 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 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 a. b.. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but are considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on an auto or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. 10. Named insured means a. The persons and organizations designated in Item 1. of the Declarations of this policy b. Any organization other than a partnership joint venture or limited liability company over which you maintain majority interest and to which more specific insurance does not apply other than one which you newly acquire or form or c. Any newly acquired or formed organization other than a partnership joint venture or limited liability company over which you maintain majority interest and to which more specific insurance does not apply provided that U UMB103 C CW 0310 Page 12020 | 1 |
this policy does not apply to any injury or damage that took place before you acquired or formed the organization. 11. Occurrence means b. With respect to bodily injury or property damage liability an accident including continuous or repeated exposure to substantially the same general harmful conditions. With respect to personal and advertising injury a covered offense. All damages that arise from the same act publication or general conditions are considered to arise out of the same occurrence regardless of the frequency or repetition thereof the number or kind of media used or the number of claimants. 12. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. b. c. Ta 0 False arrest detention or imprisonment Malicious prosecution The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services Oral or written publication in any manner of material that violates a person s right of privacy The use of another s advertising idea in your advertisement Infringement upon another s copyright trade dress or slogan in your advertisement or Discrimination unless insurance thereof is prohibited by law not arising out of or related to employment practices. Personal and advertising injury also means mental anguish mental injury humiliation or shock if directly resulting from an offense listed in Items 12.a. through 12.h. above. 13. Products completed operations hazard means all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except a. b. Products that are still in your physical possession or Work that has not yet been completed or abandoned. Your work will be deemed completed at the earliest of the following times 1 When all of the work called for in your contract has been completed 2 When all of the work to be done at the site has been completed if your contract calls for work at more than one site or 3 When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. This hazard does not include bodily injury or property damage arising out of b. The transportation of property unless the injury or damage arises out of a condition in or on a vehicle created by the loading or unloading of it by any insured or The existence of tools uninstalled equipment or abandoned or unused materials. 14. Property damage means b. 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 Loss of use of tangible property that is not physically injured. All such loss shall be deemed to occur at the time of the occurrence that caused it. U UMB103 C CW 0310 Page 13 020 | 1 |
15. 16. 17. 18. 19. Retained limit means the amount of damages applicable to each occurrence for which the insured is responsible that is shown in Item 5. of the Declarations. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. Your product means a. Any goods or products other than real property manufactured sold handled distributed or disposed of by 1 You 2 Others trading under your name or 3 A person or organization whose business or assets you have acquired and b. Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. Your product includes a. Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and b. The providing or failure to provide warnings or instructions. Your product does not include vending machines or other property rented to or located for use of others but not sold. Your work means a. Work or operations performed by you or on your behalf and b. Materials parts or equipment furnished in connection with such work or operations. Your work includes a. Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and b. The providing of or failure to provide warnings or instructions. D. The following definitions are applicable to Coverage C only 1. Casualty business crisis means an event that in the good faith opinion of your principal in the absence of casualty business crisis services has been or may be associated with a. Damages covered by this policy under Coverage A that are in excess of the applicable limits of underlying insurance or under Coverage B that are in excess of the Retained Limit and b. Significant adverse regional or national media coverage. Casualty business crisis shall include without limitation man made disasters such as explosions major crashes multiple deaths or injuries burns dismemberment traumatic brain injury paraplegia or contamination of food drink or pharmaceuticals. For purposes of Coverage C a casualty business crisis will first commence when your principal first become aware of the occurrence and will conclude at the earliest of the time when the casualty business crisis advisor advises you that the crisis no longer exists or when the Casualty Business Crisis Expense Aggregate Limit has been exhausted. Casualty business crisis advisor means any public relations firm or crisis management firm approved by us that is hired by you to perform casualty business crisis services in connection with a casualty business crisis. Casualty business crisis expense means amounts paid U UMB103 C CW 0310 Page 14 020 | 1 |
a. To you for the reasonable and necessary 1 Fees and expenses of a casualty business crisis advisor in the performance for you of casualty business crisis services solely for a covered casualty business crisis and 2 Amounts for printing advertising mailing of materials or travel by your directors officers employees or agents or a casualty business crisis advisor solely for a casualty business crisis and b. To others for the following reasonable and necessary expenses resulting from such covered casualty business crisis provided that such expenses have been approved by us 1 Medical expenses 2 Funeral expenses 3 Psychological counseling 4 Travel expenses 5 Temporary living expenses 6 Expenses to secure the scene of a casualty business cri and 7 Any other expenses pre approved by us. Casualty business crisis services means those services performed by a casualty business crisis advisor in advising you on minimizing potential harm to you from a covered casualty business crisis by maintaining or restoring public confidence in you. Principal means your Chief Executive Officer Chief Operating Officer Chief Financial Officer President General Counsel or general partner if you are a partnership or sole proprietor if you are a proprietorship. SECTION VI. CONDITIONS A. The following Conditions are applicable to Coverage A Coverage B and Coverage C. 1. Appeals In the event you or any underlying insurer elects not to appeal a judgment in excess of the amount of the underlying insurance we may elect to appeal at our expense. If we do so elect we will be liable for the costs and additional interest accruing during this appeal. In no event will this provision increase our liability beyond the applicable Limits of Insurance described in SECTION II. of this policy. Audit of Books and Records We may audit and examine your books and records as they relate to this policy at any time during the period of this policy and for up to three 3 years after the expiration or termination of this policy. Bankruptcy or Insolvency The bankruptcy insolvency or inability to pay of any insured will not relieve us from our obligation to pay damages covered by this policy. In the event of bankruptcy insolvency or refusal or inability to pay of any underlying insurer the insurance afforded by this policy will not replace such underlying insurance but will apply as if all the limits of any underlying insurance are fully available and collectible. Cancellation and Nonrenewal a. Cancellation 1 You may cancel this policy. You must mail or deliver advance written notice to us stating when the cancellation is to take effect. 2 We may cancel this policy. If we cancel because of non payment of premium we will mail or deliver to you not less than ten 10 days advance written notice when the cancellation is to take effect. If we cancel for any other reason we will mail or deliver to you not less than ninety 90 days advance written notice stating the reasons for cancellation as well as the date when the cancellation is to take effect. Mailing notice to you at your mailing address shown in Item 2. of the Declarations will be sufficient to prove notice. U UMB103 C CW 0310 Page 15020 | 1 |
3 The policy period will end on the day and hour stated in the cancellation notice. 4 If this policy is cancelled the final premium will be calculated pro rata based on the time this policy was in force. 5 Premium adjustment may be made at the time of cancellation or as soon as practicable thereafter but the cancellation will be effective even if we have not made or offered any refund due you. Our check or our representative s check mailed or delivered will be sufficient tender of any refund due you. b. Nonrenewal If we decide not to renew this policy we will mail or deliver to the first Named insured shown in the Declarations written notice of the nonrenewal not less than thirty 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. Changes Notice to any agent or knowledge possessed by any agent or any other person will not effect a waiver or a change in any part of this policy. This policy can only be changed by a written endorsement that becomes a part of this policy. Currency Settlements will be paid in United States currency or when required in the currency of the country or jurisdiction where the loss or casualty business crisis occurred. When conversion into another currency from United States currency is required to pay any loss or casualty business crisis expense the rate of exchange will be determined on the date of the settlement. The rate of exchange will be the rate we incur in obtaining the foreign currency. First Named Insured The person or organization first named in Item 1. of the Declarations is responsible for the payment of all premiums. The first Named Insured will act on behalf of all other insureds for the giving and receiving of notice of cancellation or any other notice required under this policy or by statute or regulation for the receipt and acceptance of this policy and any endorsements forming a part of this policy and for the receiving of any return premiums that become payable under this policy. Inspection We have the right but are not obligated to inspect the insured s premises and operations at any time. Our inspections are not safety inspections. They relate only to the insurability of the premises and operations and the premium to be charged. We may provide reports on the conditions we find. We may also recommend changes. While these reports may help reduce losses we do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. We do not warrant that the premises or operations are safe or healthful or that they comply with laws regulations codes or standards Entities That Are Registered Domiciled or Have Ongoing Operations in Non Admitted Jurisdictions This condition applies solely with respect to entities that are registered domiciled or have ongoing operations in non admitted jurisdictions. With respect to a qualified entity a. Under Coverage A we will reimburse the first Named Insured for loss incurred by a qualified entity that would have been covered this policy but for the fact that the loss was incurred by a qualified entity including 1 Damages covered by this policy in excess of the total applicable limits of underlying insurance and 2 Reasonable defense expenses incurred with our consent. We have no duty to defend any person or organization against any claim or suit brought or proceeding instituted against any qualified entity in a non admitted jurisdiction but we may at our discretion assume control of or participate in any investigation defense settlement or recovery proceedings. b. Coverage under this policy will not apply until the qualified entity or the qualified entity s underlying insurer has paid or is obligated to pay the full amount of the applicable limits of underlying insurance. U UMB103 C CW 0310 Page 16 020 | 1 |
10. 1 12. 13. c. The duties and requirements imposed upon any insured under this policy will not apply to any non admitted jurisdiction. However with respect to any claims made or suits brought in a non admitted jurisdiction it will be the duty of the first Named Insured to do or cause the applicable qualified entity to do such things as would be required of such qualified entity if Coverage A applied directly to such claim or suit including 1 Make such investigation defense or settlement as we deem reasonable 2 Obtain our approval for any payment and 3 Effect approved payments to others in accordance with the terms and conditions of this insurance. d. Under Coverage B this policy does not apply to any liability damage loss cost or expense arising out of any operations or activities of a qualified entity. e. We will promptly pay the first Named Insured at the mailing address listed in Item 2. of the Declarations the amount of damages covered under the terms of this policy. If the first Named Insured or any qualified entity recovers from any third party all or part of any amount that we have paid pursuant to this insurance the first Named Insured will promptly reimburse the amount of any such recovery to us. Legal Action Against Us There will be no right of action against us under this insurance unless a. You have complied with all the terms of this policy and b. The amount you owe has been determined by settlement with our consent or by actual trial and final judgment. This insurance does not give anyone the right to add us as a party in an action against you to determine your liability.. Maintenance of Underlying Insurance During the period of this policy you agree To keep the policies listed in the Schedule of Underlying Insurance in full force and effect b. That the Limits of Insurance of the policies listed in the Schedule of Underlying Insurance will be maintained except for any reduction or exhaustion of limits by payment of claims or suits for damages covered by underlying insurance c. The policies listed in the Schedule of Underlying Insurance may not be canceled or not renewed by you without notifying us and you agree to notify us in the event an insurance company cancels or declines to renew any policy listed in the Schedule of Underlying Insurance and d. Renewals or replacements of the policies listed in the Schedule of Underlying Insurance will not be materially changed without our agreement. If you fail to comply with these requirements we will only be liable to the same extent that we would have been had you fully complied with these requirements. Miscellaneous Unintentional Errors and Omissions Any unintentional error or omission in the description of or failure to describe completely any premises or operations intended to be covered by this policy shall not invalidate or affect the coverage for those operations or premises. However the insured must report such error or omission to the company as soon as practicable after its discovery. Other Insurance If other insurance applies to damages that are also covered by this policy this policy will apply excess of the other insurance. However this provision will not apply a. Ifthe other insurance is written to be excess of this policy or U UMB103 C CW 0310 Page 17020 | 1 |
14. 15. 16. 17. 18. 19. b. With respect to Coverage A only if the named insured has agreed in a written contract to carry insurance to apply prior to and be non contributory with that of another person or organization s insurance but only as respects damages arising out of insured operations or work on behalf of the named insured performed under such written contract. The limits available to the other person or organization will be the lesser of the policy limits or the minimum limits required by such written contract. In that case other insurance of that person or organization will apply as excess and not contribute prior to the insurance afforded by this policy. Nothing herein will be construed to make this policy subject to the terms conditions and limitations of such other insurance. Premium The premium for this policy as stated in Item 6. of the Declarations is a flat premium. It is not subject to adjustment unless an endorsement is attached to this policy. Separation of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned to the first Named Insured this insurance applies a. As if each named insured were the only named insured and b. Separately to each insured against whom claim is made or suit is brought. Terms Conformed to Statute The terms of this policy which are in conflict with the statutes laws ordinances or regulations in any country jurisdiction state or province where this policy is issued are amended to conform to such statutes laws ordinances or regulations. If we are prevented by law or statute from paying on behalf of the insured then we will where permitted by law or statute indemnify the insured. Transfer of Rights of Recovery Against Others to Us a. If the insured has rights to recover all or part of any payment we have made under this insurance those rights are transferred to us. The insured must do nothing after the loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. However if any insured is required by a written contract or agreement which is executed before a loss to waive their rights of recovery from others we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations for which the insured has not waived their rights of recovery by contract. b. Any amount recovered will be apportioned in the inverse order of payment of loss to the extent of actual payment. The expenses of all such recovery proceedings will be apportioned in the ratio of respective recoveries. Transfer of Your Rights and Duties Your rights and duties under this insurance may not be transferred without our written consent. If you die then your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed anyone having temporary custody of your property will have your rights and duties but only with respect to that property. When Loss is Payable Coverage under this policy will not apply until the insured or the insured s underlying insurer has paid or is legally obligated to pay the full amount of the Underlying Limits of Insurance or Retained Limit. When the amount of loss is determined by an agreed settlement or on a final judgment against an insured obtained after an actual trial we will promptly pay on behalf of the insured the amount of loss covered under the terms of this policy. The first Named Insured will promptly reimburse us for any amount within the Retained Limit paid by us. U UMB103 C CW 0310 Page 18 020 | 1 |
20. Violation of Economic or Trade Sanctions If coverage for a claim or suit under this policy is in violation of any economic or trade sanctions of the United States of America then coverage for that claim or suit will be and void. B. The following Condition is applicable to Coverage A and Coverage B 1. Notice of Occurrence Claim or Suit You must see to it that we are notified as soon as practicable of an occurrence which may result in damages covered by this policy. To the extent possible notice will include 1 How when and where the occurrence took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence. Knowledge of an occurrence by the agent servant or employee of yours shall not in itself constitute knowledge by the insured unless you or any employee authorized by you to give or receive notice of an occurrence claim or suit shall have received such notice from the agent servants or employee. If a claim or suit against any Insured is reasonably likely to involve this policy you must notify us in writing as soon as practicable. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation settlement or defense of the claim or suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. The insureds will not except at their own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. Your failure to give notice of an occurrence to us shall not invalidate coverage under this policy if the occurrence was inadvertently reported to another Insurer. However you shall report any such occurrence to us as soon as practicable once you become aware of such error. C. The following Conditions are applicable to Coverage C 1. Notice of a Casualty Business Crisis You must see to it that we are notified of a casualty business crisis as soon as practicable after it first commences. Such notice shall include a description of the casualty business crisis and the reason it is likely to involve damages covered by this policy in excess of the applicable limits of underlying insurance under Coverage A or Retained Limit under Coverage B and significant adverse regional or national media coverage. We will not be liable for casualty business crisis expense incurred prior to or more than one hundred eighty 180 days after the date notice of such casualty business crisis is first given to us. Notice to us shall be given to Zurich Claim Reporting Care Center P.O. Box 49547 Colorado Springs CO 80949 Phone 1 800 987 3373 Fax 1 877 962 2567 E Mail USZ Care CenterZurichna.com. Arbitration If you and we disagree as to whether a casualty business crisis has occurred both parties may by mutual consent agree in writing to arbitration of the disagreement and the right to any reimbursement for casualty business crisis expense. U UMB103 C CW 0310 Page 19020 | 1 |
In this event each party will select an arbitrator. The two arbitrators will select a third. If they can not agree within 30 days both parties must request that selection be made by a judge of a court having jurisdiction. Each party will a. Pay the expenses it incurs and b. Bear the expenses of the third arbitrator equally. Unless both parties agree otherwise arbitration will take place in the state county or parish in which the address shown in the Declarations is located. Local rules of law as to procedure and evidence will apply. U UMB103 C CW 0310 Page 20 0f 20 | 1 |
Endorsement Claims Made Coverage Endorsement ZURICH ooy N B Daor ol T Dac ol 7o B Daoor End et Claims Made Coverage Endorsement Named Insured and Mailing Address Producer This endorsement changes the policy. please read it carefully. Schedule Retroactive Date 03212016 Professional Liability If any underlying insurance is written on a claims made basis the following changes apply. These changes will not however apply to any underlying insurance written on other than a claims made basis. I. For the purposes of this endorsement SECTION. COVERAGE is amended as follows A. SECTION. COVERAGE Paragraph A. Coverage A. Excess Follow Form Liability Insurance is amended to include the following 3. If any underlying insurance applies on a claims made basis this policy applies to damages only if a. The occurrence from which such damages arise takes place on or after the Retroactive Date shown in the Schedule above but before the end of the policy period of this policy and b. A claim for damages is first made against any insured in accordance with paragraph 4. below and is reported to us during the policy period of this policy or within any Extended Reporting Period we provide under the EXTENDED REPORTING PERIODS provision of this endorsement. 4. A claim by a person or organization for damages will be deemed to have been made at the earlier of the following times a. When notice of such claim is received and recorded by any insured or by us whichever comes first or b. When we make settlement in accordance with the provisions of SECTION Ill. DEFENSE AND SUPPLEMENTARY PAYMENTS of this policy. B. The following three paragraphs under SECTION I. COVERAGE do not apply to the coverage provided by this endorsement The insurance afforded under Coverage A and Coverage B applies to bodily injury or property damage only if prior to the policy period no designated insured knew that the bodily injury or property damage had occurred in whole or in part. If such designated insured knew prior to the policy period that the bodily injury or property damage occurred then any continuation or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any designated insured includes any continuation change or resumption of that bodily injury or property damage after the policy period and Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any designated insured U UMB I131 C CW 0313 Page 10f3 | 2 |
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 oceur. For the purposes of this endorsement SECTION IV. EXCLUSIONS paragraph B. is amended to include the following Under Coverage A this policy does not apply to any liability damage loss cost or expense PREVIOUSLY REPORTED CLAIMS Arising out of any claim or notice of such claim that is received and recorded by any insured or us whichever comes first for which any insured has given any notice to the insurers of any other insurance before the inception date set outin Item 3. of the Declarations. CLAIMS OCCURRING OUTSIDE THE COVERAGE POLICY PERIOD Arising out of any damages incurred by or imposed upon any insured if the occurrence out of which such damages arise takes place before the Retroactive Date shown in the Schedule above or occur after the end of the policy period of this policy. For the purposes of this endorsement the policy is amended to include the following EXTENDED REPORTING PERIODS A If 1. You cancel or nonrenew this policy for any reason or we cancel or nonrenew this policy for any reason other than nonpayment of premium or 2. Underlying insurance written on a claims made basis is renewed or replaced with insurance that a. Has a Retroactive Date later than the date shown in the Schedule above or b. Does not apply on a claims made basis we will provide one or more Extended Reporting Periods. B. Extended Reporting Periods do not extend the policy period or change the scope of coverage provided. The Extended Reporting Periods apply only to claims resulting from occurrences that take place on or after the Retroactive Date shown in the Schedule above but before the end of the policy period. Once in effect Extended Reporting Periods may not be canceled. C. We will provide a Basic Extended Reporting Period at no additional premium charge. The Basic Extended Reporting Period starts with the end of the policy period and lasts for 1. Three years if we are properly nofified as specified in Condition B.1. Notice of Occurrence Claim or Suit in this policy of any occurrence not later than 60 days after the end of the policy period and a claim is made in writing to us within 36 months from the date we are notified of that occurrence this policy will respond as if notice of a claim has been made during the policy period and 2. 60 days from claims arising from occurrences not previously reported to us as specified in Condition B.1. Notice of Occurrence Claim or Suit in this policy The Basic Extended Reporting Period does not reinstate or increase the Limits of Insurance. D. A Supplemental Extended Reporting Period is available to you by endorsement for an additional charge but only if you 1. Request a Supplemental Extended Reporting Period in writing within 60 days after the end of the policy period U UMB131 C CW 0313 Page2of3 | 2 |
2. Pay an additional premium for the Supplemental Extended Reporting Period endorsement as proposed by us. The additional premium will not exceed 200 of the annual premium of this policy. This Supplemental Extended Reporting Period will not go into effect unless you pay the additional premium as proposed by us promptly when due. The Supplemental Extended Reporting Period starts when the Basic Extended Reporting Period ends and lasts for the greater of two years or the number of years required by the state in which the policy to which this endorsement is attached is issued. The entire additional premium for the Supplemental Extended Reporting Period shall be deemed fully earned at the inception of the Supplemental Extended Reporting Period. E. A claim first made during the Supplemental Extended Reporting Period will be deemed to have been made on the last day of the policy period. The Supplemental Extended Reporting Period will not extend the policy period or reinstate or increase any Limits of Insurance. The Supplemental Extended Reporting Period only applies to claims for damages arising from occurrences that take place before the end of the policy period but not before the Retroactive Date shown in the Schedule above. F. Coverage under this policy for claims made during the Extended Reporting Periods will apply in excess of any other insurance in effect during the Extended Reporting Periods. Al other terms conditions provisions and exclusions of this policy remain the same. U UMB131 C CW 0313 Page 3 of 3 | 2 |
Endorsement Communicable Disease Exclusion ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End Producer No. Add Prem. Return Prem. Communicable Disease Exclusion Named Insured and Mailing Address Producer THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Under Coverage A and Coverage B this policy does not apply to any liability damage loss cost or expense arising out of the actual or alleged transmission of a communicable disease. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the a. Supervising hiring employing training or monitoring of others that may be infected with and spread of a communicable disease b. Testing for communicable disease c. Failure to prevent the spread of the disease or d. Failure to report the disease to authorities. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. Signed by Authorized Representative Date U UMB133 8 CW 0509 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Endorsement Cross Suits Exclusion ZURICH ooy N B Daor ol T Dac ol 7o B Daoor End et Cross Suits Exclusion Named Insured and Mailing Address Producer THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Under Coverage A and Coverage B this policy does not apply to any liability damage loss cost or expense arising out of any claim or suit by one Named Insured against another Named Insured. Signed by Authorized Representative Date U UMB141 A CW 799 Page 1of 1 | 2 |
Liquor Law Liability Exclusion ZURICH Liquor Law Liability Exclusion Named Insured and Mailing Address Producer THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial Umbrella Liability Policy Under Coverage A and Coverage B this policy does not apply to any lial any insured or anyone for whose acts any insured may be legally liable by reason of ity damage loss cost or expense for which 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 b. 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 liability damage loss cost or expense involved that which is described in Paragraph 1. 2. or 3. above. However this exclusion applies only if you 1. Manufacture sell or distribute alcoholic beverages 2. Serve or furnish alcoholic beverages for a charge whether or not such activity a. Requires a license or b. s for the purpose of financial gain or livelihood or 3. Serve or furnish alcoholic beverages without a charge if a license is required for such activity. 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 selling serving or furnishing alcoholic beverages. All other terms conditions provisions and exclusions of this policy remain the same. U UMB196 B CW 0114 Page 1of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
Professional Liability Follow Form Z ZURICH Add1 Prem. Return Prem. Policy No. EAT. Date of Pol Exp. Date of Pol. EAT. Date of End Producer Named Insured and Mailing Address Producer Professional Liability Follow Form THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial Umbrella Lial lity Policy Under Coverage B only this policy does not apply to any liability damage loss cost or expense arising out of any breach of duty negligent act error misstatement or omission of any insured or any person for whom the insured is legally responsible in the rendering of or failure to render any professional service. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the liability damage loss cost or expense involved the rendering of or failure to render any professional service. All other terms conditions provisions and exclusions of this policy remain the same. U UMB229 D CW 0114 Page 1of 1 | 2 |
Z Kansas Cancellation and Nonrenewal ZURICH Policy No. Eff. Date of Pol Exp. Date of Pol Eff. Date of End. Named Insured and Mailing Address Producer Producer Add Prem. Return Prem. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. A. SECTION VI. CONDITIONS A. 4. Cancellation and Nonrenewal a. Cancellation paragraph 2 is deleted and replaced with the following 2 We may cancel this policy. If we cancel because of non payment of premium we will mail or deliver to you at the address shown on your policy not less than ten 10 days advance written notice when the cancellation is to take effect. If we cancel for any other reason we will mail or deliver to you not less than ninety 90 days advance written notice stating the reason for the cancellation and when the cancellation is to take effect. a If this policy has been in effect for less than ninety 90 days and it is not a renewal of a policy we issued we may cancel this policy for any reason. b If this policy has been in effect for ninety 90 days or more or if this policy is a renewal of a policy we issued we may cancel this policy for one or more of the following reasons Nonpayment of premium This policy was issued because of material misrepresentation You or any other insured violated any of the material terms and conditions of this policy Unfavorable underwriting factors specific to you exist that were not present at the inception of this policy v. A determination by the insurance commissioner that continuation of coverage could place us in a hazardous financial condition or in violation of the laws of Kansas or vi. A determination by the insurance commissioner that we no longer have adequate reinsurance to meet our needs. B. SECTION VI. CONDITIONS A. 4. Cancellation and Nonrenewal b. Nonrenewal is deleted and replaced with the following b. Nonrenewal 1 If we decide not to renew this policy we will mail or deliver notice of nonrenewal including the reason s therefore at least sixty 60 days before the expiration date of this policy. Such notice will be mailed or delivered to you at the mailing address last known to us. If notice is mailed proof of mailing will be sufficient proof of notice. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. U UMB286 8 KS 0410 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Endorsement Fungus or Bacteria Exclusion ZURICH EIT. Datc of End. Producer No. AddT Prem Return Premm. Exp. Date of Pol Policy No. EAT. Date of Pol Named Insured and Mailing Address Producer Fungus or Bacteria Exclusion THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Under Coverage A and Coverage B this policy does not apply to any liability damage loss cost or expense A. Caused directly or indirectly by the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or presence of any 1. Fungi or bacteria or 2. Substance vapor or gas produced by or arising out of any fungi or bacteria. B. Arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of. or in any way responding to or assessing the cffects of fungi or bacteria by any insured or by any other person or entity. Definitions As used in this endorsement 1. Bacteria means any type or form of bacteria and any materials or substances that are produced or released by bacteria. 2. Fungi means any type or form of fungus including mold or mildew and any mycotoxins spores scents or by products produced or released by fungi. 3. Spores means reproductive bodies produced by or arising out of fungi. This exclusion does not apply to any fungi or bacteria that are are on or are contained in an edible good or edible product intended for human or animal consumption. Signed by Authorized Representative Date U UMB385 B CW 072003 Page lof 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Certified Acts of Terrorism Exclusion Coverages A B ZURICH EfT. Date of Pol Exp. Date of Pol. Eff. Date of End Pmduc e Named Insured and Mailing Address Producer Return Prem. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. A. Exclusion of Certified Acts of Terrorism Under Coverage A and Coverage B this policy does not apply to any liability damage loss cost or expense arising directly or indirectly out of a certified act of terrorism including any action taken in hindering or defending against an actual or expected certified act of terrorism. This exclusion applies regardless of any other cause or event that contributes concurrently or in any sequence to the injury or damage. B. Definition of Certified Act of Terrorism As used in this endorsement and for purposes 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 TRIA. TRIA provides that the Secretary of Treasury shall certify an act of terrorism of applicability to both Coverage A and Coverage B certified act of terrorism 1. To be an act of terrorism 2. Tobe a violent act or an act that is dangerous to human life property or infrastructure 3. To have resulted in damage within the United States or outside of the United States in the case of an air carrier as defined in section 40102 of Title 49 United States Code or a United States flag vessel or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States or the premises of a United States mission and 4. To have been committed by an individual or individuals States or to influence the policy or affect the conduct of the United States Government by coercion. as part of an effort to coerce the civilian population of the United No act may be certified as an act of terrorism if the act is committed as part of the course of a war declared by Congress except for workers compensation or if loss 5000000. s resulting from the act in the aggregate for insurance subject to TRIA do not exceed Copyright 2008 Zurich American Insurance Company Includes copyrighted material of Insurance Services Office Inc. with its permission. U UMB400 B CW 0108 Page 1of 1 | 2 |
Endorsement Z EfT. Date of Pol. Pmd cer No. AddHrcm Kuum Prem Silica or Silica Mixed Dust Exclusion Silica or Silica Mixed Dust Exclusion Named Insured and Mailing Address Producer THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Under Coverage A and Coverage B this policy does not apply to 1. Any liability damage loss cost or expense caused directly or indirectly in whole or in part by the actual alleged or threatened inhalation ingestion absorption exposure to existence of or presence of silica or Any loss costs or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any manner responding to o sing the effects of silica by any insured or by any other person or entity. As used in this exclusion silica means a. Any form of crystalline or non crystalline amorphous silica silica particles silica compounds silica dust or silica mixed or combined with dust or other particles or b. Synthetic silica including precipitated silica silica gel pyrogenic or fumed silica or silica flour. Signed by Authorized Representative Date U UMB488 A CW 062004 Page lof 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Endorsement Z Welding Health Hazard Exclusion o ZURICH Return Prem. Exp. Date of Pol EAT. Date of Pol. Palicy No. Welding Health Hazard Exclusion Named Insured and Mailing Address Producer THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Under Coverage A and Coverage B this policy does not apply to bodily injury caused directly or indirectly by the actual alleged or threatened inhalation ingestion absorption or exposure to harmful fumes or gases caused by welding materials and equipment used in connection with the process of welding or fusing together of any metals or other materials. For the purposes of this exclusion welding materials and equipment means 1. Welding machinery or other welding process equipment 2. Welding rods 3. Electrodes or 4. Any consumable products including but not limited to wires fluxes coatings or cleaning agents. Signed by Authorized Representative Date U UMB489 A CW 062004 Page lof 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Z Abusive Act Liability Exclusion Y ZURICH Exp. Date of Pol Policy No. EAT. Date of Pol EIT. Datc of End. Producer No. AddT Prem Return Premm. Abusive Act Liability Exclusion Named Insured and Mailing Address Producer THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. The following exclusion is added to SECTION IV. EXCLUSIONS paragraph A. ABUSIVE ACT Under Coverage A and Coverage B this policy does not apply to any liability damage loss cost or expense arising out of or relating in any way to an abusive act. For purposes of this endorsement the following additional definition applies 1. Abusive act means any act or series of acts of actual or threatened abuse or molestation done to any person including any act or series of acts of actual or threatened sexual abuse or molestation done to any person by anyone who causes or attempts to cause the person to engage in a sexual act a. Without the consent of or by threatening the person placing the person in fear or asserting undue influence over the person b. Ifthat person is incapable of appraising the nature of the conduct or is physically incapable of declining participation in or communicating unwillingness to engage in the sexual act or. By engaging in or attempting to engage in lewd exposure of the body done with intent to arouse or to satisfy the sexual desire of any person. Includes copyrighted material of 1O Properties Inc. with s permission Copyright IS0 Properties Inc. 2003 U UMB531 A CW 092005 Page 1 of 1 | 2 |
Z ZURICH Important Notice In Witness Clause In return for the payment of premium and subject to the terms of this policy coverage is provided as stated in this policy. IN WITNESS WHEREOF this Company has executed and attested these presents and where required by law has caused this policy to be countersigned by its duly Authorized Representatives. President QUESTIONS ABOUT YOUR INSURANCE Your agent or broker is best equipped to provide information about your insurance. Should you require additional information or assistance in resolving a complaint call or write to the following please have your policy or claim number ready Zurich in North America Customer Inquiry Center 1299 Zurich Way Schaumburg lllinois 60196 1056 1 800 382 2150 Business Hours 8 a.m. 4 p.m. CT Email info.sourcezurichna.com WUESTIUNS ABUUT TUUR INOURANLEY Your agent Oor broker IS best equipped 1o provide information about your insurance. Should you require additional information or assistance in resolving a complaint call or write to the following please have your policy or claim number ready Zurich in North America Customer Inquiry Center 1299 Zurich Way Schaumburg lllinois 60196 1056 1 800 382 2150 Buslness Hours 8 a.m. 4 p.m. CT U GU319 F CW 0109 Page 1 of 1 | 2 |
Z ZURICH Insured Name ALTRA FEDERAL CREDIT UNION Policy Number AUC 0134762 03 Effective Date 09012017 THIS DISCLOSURE IS ATTACHED TO AND MADE PART OF YOUR POLICY. DISCLOSURE OF IMPORTANT INFORMATION RELATING TO TERRORISM RISK INSURANCE ACT SCHEDULE Premium attributable to risk of loss from certified acts of terrorism for lines of insurance subject to TRIA 108 Any information required to complete this Schedule if not shown above will be shown in the Declarations. A. Disclosure of Premium In accordance with the federal Terrorism Risk Insurance Act TRIA as amended we are required to provide you with a notice disclosing the portion of your premium if any attributable to the risk of loss from terrorist acts certified under that Act for lines subject to TRIA. That portion of premium attributable is shown in the Schedule above. The premium shown in the Schedule above is subject to adjustment upon premium audit if applicable. B. Disclosure of Federal Participation in Payment of Terrorism Losses The United States Government may pay a share of insured losses resulting from an act of terrorism. The federal share will decrease by 5 from 85 to 80 over a five year period while the insurer share increases by the same amount during the same period. The schedule below illustrates the decrease in the federal share January 1 2015 December 31 2015 federal share 85 January 1 2016 December 31 2016 federal share 84 January 1 2017 December 31 2017 federal share 83 January 1 2018 December 31 2018 federal share 82 January 1 2019 December 31 2019 federal share 81 January 1 2020 December 31 2020 federal share 80 C. Disclosure of 100 Billion Cap on All Insurer and Federal Obligations If aggregate insured losses attributable to terrorist acts certified under TRIA exceed 100 billion in a calendar year January 1 through December 31 and an insurer has met its deductible under the program that insurer shall not be liable for the payment of any portion of the amount of such 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 Treasury. D. Availability As required by TRIA we have made available to you for lines subject to TRIA coverage for losses resulting from acts of terrorism certified under TRIA with terms amounts and limitations that do not differ materially from those for losses arising from events other than acts of terrorism. Copyright 2015 Zurich American Insurance Company Includes copyrighted material of Insurance Services Office Inc. with its permission. U GU630 D CW 0115 Page 1 of 2 | 2 |
E. Definition of Act of Terrorism under TRIA TRIA defines act of terrorism as any act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act TRIA to be an act of terrorism. The Terrorism Risk Insurance Act provides that the Secretary of Treasury shall certify an act of terrorism 1. To be an act of terrorism 2. To be a violent act or an act that is dangerous to human life property or infrastructure 3. To have resulted in damage within the United States or outside of the United States in the case of an air carrier as defined in section 40102 of Title 49 United States Code or a United States flag vessel or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States or the premises of a United States mission and 4. To have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. No act may be certified as an act of terrorism if the act is committed as part of the course of a war declared by Congress except for workers compensation or if losses resulting from the act in the aggregate for insurance subject to TRIA do not exceed 5000000. Copyright 2015 Zurich American Insurance Company Includes copyrighted material of Insurance Services Office Inc. with its permission. U GU630 D CW 0115 Page 2 of 2 | 2 |
Z ZURICH Disclosure Statement It is our pleasure to present the enclosed policy to you for presentation to your customer. INSTRUCTION TO AGENT OR BROKER WE REQUIRE THAT YOU TRANSMIT THE ATTACHED ENCLOSED DISCLOSURE STATEMENT TO THE CUSTOMER WITH THE POLICY. Once again thank you for your interest and we look forward to meeting your needs and those of your customers. U GU873 A CW 0611 Page1 of 1 | 2 |
Z ZURICH Disclosure Statement NOTICE OF DISCLOSURE FOR AGENT BROKER COMPENSATION If you want to learn more about the compensation Zurich pays agents and brokers visit httpwww.zurichnaproducercompensation.com or call the following toll free number 866 903 1192. This Notice is provided on behalf of Zurich American Insurance Company and its underwriting subsidiaries. U GU874 A CW 0611 Page1 of 1 | 2 |
Hired and Non Owned Autos Liability Coverage Disclosure Notice Wisconsin Z ZURICH Wisconsin Statute 6.77 requires that insurers must disclose to applicants and insureds whether a commercial general liability umbrella or excess policy covering only hired or non owned autos provides coverage for medical payments uninsured motorists or underinsured motorists coverage. Coverage for Uninsured UM or Underinsured UIM Motorists or auto medical payments coverage is not provided and may not be purchased under this policy. 1003 UGU1003 A WI 1109 Pagelofl | 2 |
ZURICH Commercial Umbrella Liability Policy ZURICH Declarations Insurance is provided by the company below. American Guarantee and Liability Insurance Company Policy Number AUC 0134762 03 Renewal of Number AUC 0134762 02 1. Named Insured ALTRA FEDERAL CREDIT UNION Producer LOCKTON COMPANIES LLC 2. Mailing Address 1700 OAK FOREST DR 444 W 47TH ST STE 900 ONALASKA WI 54650 3500 KANSAS CITY MO 64112 1906 Email Address bschoofslockton.com 3. Policy Period From 09012017 To 09012018 at 1201 A.M. Standard Time at the address of the Named Insured. 4. Limits of Insurance A. 10000000 Occurrence B. 10000000 Other Aggregate C. 10000000 Products Completed Operations Aggregate D. 250000 Casualty Business Crisis Aggregate Limit 5. Retained Limit 0 Occurrence Retained Limit 0 Occurrence Policy Premium Advance Premium 10908 Policy Minimum Earned Premium 2727 Schedule of Underlying Insurance See attached Schedule of Underlying Insurance Endorsements Attached See attached Schedule of Forms and Endorsements U UMB D101 C CW 0310 Page 1 of 1 | 2 |
ZURICH Schedule of Forms and Endorsements Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Addl Prem. Return Prem. AUC 0134762 03 09012017 09012018 09012017 37385000 Named Insured and Mailing Address Producer ALTRA FEDERAL CREDIT UNION 1700 OAK FOREST DR ONALASKA WI 54650 3500 LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 Form Name Form Number Edition Date Important Notice In Witness Clause U GU319 F CW 0109 Disclosure of Important Information Relating to Terrorism U GU630 D CW 0115 Risk Insurance Act Hired and Non Owned Autos Liability Coverage U GU1003 A WI 1109 Commercial Umbrella Liability Policy Declarations U UMB D101 C CW 0310 Schedule of Underlying Insurance U UMB105 A CW 0799 Commercial Umbrella Liability Policy U UMB103 C CW 0310 Certified Act of Terrorism Retained Amount Coverage B U UMB406 D CW 0115 Auto Leasing Exclusion U UMB119 A CW 0799 Care Custody Or Control Exclusion U UMB129 B CW 0703 Cross Suits Exclusion U UMB141 A CW 0799 Designated Premises Limitation U UMB151 B CW 0703 Employee Benefits Liability Follow Form U UMB167 B CW 0703 Fiduciary Liability Exclusion U UMB178 B CW 0703 Financial Institutions Exclusion U UMB181 B CW 0703 Insurance Related Operations Exclusion U UMB186 C CW 0114 Lead Exclusion U UMB193 A CW 0799 Personal and Advertising Injury Follow Form U UMB217 A CW 0799 Notice of Occurrence Endorsement U UMB384 B CW 0310 Fungus or Bacteria Exclusion U UMB385 B CW 0703 U GU1003 A WI U UMB D101 C CW U UMB105 A CW U UMB103 C CW U UMB406 D CW U UMB119 A CW U UMB129 B CW U UMB141 A CW U UMB151 B CW U UMB167 B CW U UMB178 B CW U UMB181 B CW U UMB186 C CW U UMB193 A CW U UMB217 A CW U UMB384 B CW U UMB385 B CW 1109 0310 0799 0310 0115 0799 0703 0799 0703 0703 0703 0703 0114 0799 0799 0310 0703 U UMB104 A CW 0799 Page 1 of 2 | 2 |
Financial Professional Services Exclusion Computer Software Liability Exclusion Silica or Silica Mixed Dust Exclusion Total Pollution Exclusion with A Hostile Fire Exception Access Or Disclosure Of Confidential Or Personal Information Following Form Sanctions Exclusion Endorsement Wisconsin Cancellation and Nonrenewal Exclusion Recording And Distribution Of Material Or Information In Violation Of Law Umbrella Amendatory Endorsement Cap on Losses From Certified Acts of Terrorism U UMB428 B CW U UMB432 B CW U UMB488 A CW U UMB664 A CW U UMB922 A CW 0114 0114 0604 0310 0115 U GU1191 A CW U UMB347 B WI U UMB525 F CW 0315 0410 0114 U UMB906 A CW U GU767 B CW 0114 0115 U UMB104 A CW 0799 Page20f 2 | 2 |
ZURICH Schedule of Underlying Insurance Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Addl Prem. Return Prem. AUC 0134762 03 09012017 09012018 09012017 37385000 Named Insured and Mailing Address Producer ALTRA FEDERAL CREDIT UNION 1700 OAK FOREST DR ONALASKA WI 54650 3500 LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 Company Policy No. and Term Coverage A. Company AMERICAN ZURICH INSURANCE COMPANY Policy No CPO0134884 03 Term 09012017 to 09012018 Commercial General Liability General Liability Including Employee Benefits 1000000 Premises Each Occurrence 1000000 Products Completed Ops Each Occurrence 2000000 Products Completed Operations Aggregate 2000000 General Aggregate 1000000 Personal Injury Advertising Injury 1000000 Employee Benefits Each Claim 2000000 Employee Benefits General Aggregate Company Policy No. and Term Coverage Company AMERICAN ZURICH Commercial Auto Liability 1000000 Combined Single INSURANCE COMPANY Limit Policy No CPO0134884 03 Auto Liability Term 09012017 to 09012018 Company Policy No. and Term Coverage Company AMERICAN ZURICH INSURANCE COMPANY Policy No WC0134885 03 Employers Liability Employers Liability 1000000 Bodily Injury By Accident Each Accident 1000000 Bodily Injury By Disease Each Employee Term 09012017 to 09012018 Including Employee Benefits Employers Liability U UMB105 A CW 0799 Page 1 of 2 | 2 |
1000000 Bodily Injury By Disease Policy Limit Term 09012017 to 09012018 U UMB105 A CW 0799 Page20f 2 | 2 |
ZURICH Commercial Umbrella Liability Policy Zurich North America Insurance is provided by the company designated on the Declarations of this policy. U UMB100 B CW 0703 Page 1 of 1 | 2 |
ZURICH Commercial Umbrella Liability Policy There are provisions in this policy that restrict coverage. Read the entire policy carefully to determine your rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a hamed insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such in SECTION V. DEFINITIONS of this policy. Words and phrases that are printed in bold face type are defined in this policy. These definitions are found in SECTION V. DEFINITIONS of this policy or in the specific policy provision where they appear. In consideration of the payment of the premium and in reliance upon the statements in the Declarations and in accordance with the provisions of this policy we agree with you to provide coverage as follows Insuring Agreements CECTIAN CNVERDACD bbbt A SECTIONI. COVERAGE A Coverage A Excess Follow Form Liability Insurance Under Coverage A we will pay on behalf of the insured those damages covered by this insurance in excess of the total applicable limits of underlying insurance. With respect to Coverage A this policy includes 1. The terms and conditions of underlying insurance to the extent such terms and conditions are not inconsistent or do not conflict with the terms and conditions referred to in Paragraph 2. below and 2. The terms and conditions that apply to Coverage A of this policy. Notwithstanding anything to the contrary contained above if underlying insurance does not apply to damages for reasons other than exhaustion of applicable Limits of Insurance by payment of loss then Coverage A does not apply to such damages. Also Coverage A does not apply to any form of casualty business crisis expense insurance even if such insurance is afforded under underlying insurance or would have been afforded except for the exhaustion of the Limits of Insurance of underlying insurance. Coverage B Umbrella Liability Insurance Under Coverage B we will pay on behalf of the insured those damages the insured becomes legally obligated to pay by reason of liability 1. Imposed by law because of bodily injury property damage or personal and advertising injury or 2. Assumed under an insured contract because of bodily injury or property damage covered by this insurance but only if the injury damage or offense arises out of your business takes place during the policy period of this policy and is caused by an occurrence happening anywhere. We will pay such damages in excess of the Retained Limit specified in Item 5. of the Declarations or the amount payable by other insurance whichever is greater. Coverage B does not apply to any loss claim or suit for which insurance is afforded under underlying insurance or would have been afforded except for the exhaustion of the Limits of Insurance of underlying insurance. The amount we will pay for loss under Coverage A or Coverage B is limited as described in SECTION Il LIMITS OF INSURANCE. We have no obligation under Coverage A andor Coverage B with respect to any settlement made without our consent. The insurance afforded under Coverage A and Coverage B applies to bodily injury or property damage only if prior to the policy period no designated insured knew that the bodily injury or property damage had occurred in whole or in part. If such a designated insured knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. U UMB103 C CW 0310 Page 1 of 19 | 0 |
Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any designated insured includes any continuation change or resumption of that bodily injury or property damage after the policy period and Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any designated insured 1. Reports all or any part of the bodily injury or property damage to us or any other insurer 2. Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3. Becomes aware by any other means that bodily injury or property damage has occurred or has begun to oceur. Coverage C Casualty Business Crisis Expense Under Coverage C we will pay for casualty business crisis expense regardless of fault arising from a casualty business crisis first commencing during the policy period. No underlying insurance or Retained Limit applies to Coverage C. Subject to the other terms and conditions of this coverage we shall pay casualty business crisis expense from the first dollar of such expense. The amount we will pay for casualty business crisis expense under Coverage C is limited as described in SECTION II. LIMITS OF INSURANCE. Any amounts that we pay under Coverage C will not obligate us in any way under Coverage A or Coverage B. SECTION Il LIMITS OF INSURANCE A With respect to Coverage A and Coverage B the Limits of Insurance shown in the Declarations and the rules below describe the most we will pay regardless of the number of 1. Insureds 2. Claims made or suits brought 3. Coverages provided under this policy or 4. Persons or organizations making claims or bringing suits. The Limits of Insurance of this policy will apply as follows 1. The limit stated in Item 4.B. of the Declarations for the Other Aggregate is the most we will pay for all loss under Coverage A and Coverage B combined except for a. Loss covered under the products completed operations hazard and b. Loss covered in underlying insurance to which no underlying aggregate limit applies. In addition with respect to Coverage A only if a policy listed on the Schedule of Underlying Insurance contains aggregate limits other than an aggregate limit applying to the products completed operations hazard the Other Aggregate limit stated in Item 4.B. of the Declarations will apply in the same manner as such other aggregate limits of each policy listed in the Schedule of Underlying Insurance. 2. The limit stated in Item 4.C. of the Declarations for the Products Completed Operations Aggregate is the most we will pay for all loss under both Coverage A and Coverage B combined as a result of bodily injury or property damage included within the products completed operations hazard. 3. Subject to Paragraph B.1. or B.2. above whichever applies the limit stated in Item 4.A. of the Declarations for Occurrence is the most we will pay for all loss arising out of any one occurrence even if such loss is covered in whole or in part under both Coverage A and Coverage B. Coverage A applies only in excess of the greater of the actual Limits of Insurance of underlying insurance or the Limits of Insurance shown on the Schedule of Underlying Insurance forming a part of this policy. With respect to Coverage C the limit stated as the Casualty Business Crisis Expense Aggregate Limit in Item 4.D. of the Declarations is the most we will pay for all casualty business crisis expense first commencing during the policy period. This limit is in addition to and casualty business crisis expense does not reduce or exhaust any other Limit of Insurance applicable to this policy. U UMB103 C CW 0310 Page 2 of 19 | 1 |
The Limits of Insurance of this policy apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the preceding period for purposes of determining the Limits of Insurance. With respect to Coverage A only and subject to paragraphs B.1. B.2. B.3. and C. above 1. If the limits of underlying insurance have been reduced solely by payment of loss for which coverage is afforded under this policy this policy will drop down to become immediately excess of the reduced underlying limit or 2. If the limits of underlying insurance have been exhausted solely by payment of loss for which coverage is afforded under this policy this policy will continue in force as underlying insurance. SECTION lll. DEFENSE AND SUPPLEMENTARY PAYMENTS A D. We have the right and duty to assume control of the investigation and settlement of any claim or defense of any suit against the insured for damages covered by this policy 1. Under Coverage A when the applicable limit of underlying insurance and other insurance has been exhausted by payment of loss for which coverage is afforded under this policy or 2. Under Coverage B when damages are sought for bodily injury property damage or personal and advertising injury to which no underlying insurance or other insurance applies. Under Coverage C we do not assume any duty to control the investigation and settlement of any claim or defense of any suit that may arise from a covered casualty business crisis. In those circumstances where paragraph A. above applies we will pay our expenses and the following to the extent that they are not included in underlying insurance 1. Up to 2000 for the cost of bail bonds. We do not have to furnish these bonds. 2. The cost of bonds to release attachments but only for bond amounts within the amount of insurance available. We do not have to furnish these bonds. 3. Reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings because of time off from work. 4. Al court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured. 5. Pre judgment interest awarded against the insured on that part of the judgment we pay. However if we make an offer to pay the applicable Limit of Insurance we will not pay any pre judgment interest based on that period of time after the offer. 6. Allinterest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court that part of the judgment that is within the applicable Limits of Insurance. When our expenses and the payments described in paragraph C. above are not included in the definition of loss they will not reduce the Limits of Insurance. In those circumstances where paragraph A. above does not apply we do not have the duty to assume control of the investigation and settlement of any claim or defense of any suit against the insured. We do however have the right to participate in the investigation and settlement of any claim or defense of any suit that we feel may create liability on our part under the terms of this policy. If we exercise this right we will do so at our expense. We will not investigate and settle any claim or defend any suit after we have exhausted the applicable Limit of Insurance as stated in Item 4. of the Declarations. If we are prevented by law from carrying out the provisions of Section lll. Paragraph A. above we will pay any expense incurred with our consent. SECTION IV. EXCLUSIONS A Under Coverage A and Coverage B this policy does not apply to any liability damage loss cost or expense ASBESTOS 1. Arising out of or relating in any way to U UMB103 C CW 0310 Page 3 of 19 | 1 |
a. Asbestos or which would not have occurred in whole or in part but for the actual alleged or threatened discharge dispersal release leakage leaching friability flaking escape or presence of asbestos regardless of whether any other cause event material or product contributed concurrently or in any sequence to the injury or damage or b. Any 1 Request demand order statutory or regulatory requirement direction or determination that any insured or others test for investigate monitor clean up remove study contain treat encapsulate control or take any other action regarding asbestos or 2 Claim or suit for damages arising out of or relating in any way to any request demand order statutory or regulatory requirement direction or determination than any insured or others test for investigate monitor clean up remove study contain treat encapsulate control or take any other action regarding asbestos. EMPLOYMENT PRACTICES 2. Arising out of any bodily injury or personal and advertising injury to a. A person arising out of any 1 Failure to employ or promote that person 2 Termination of that person s employment including actual or alleged constructive dismissal 3 Employment related practices policies acts or omissions including but not limited to injury arising from coercion demotion evaluation reassignment discipline defamation harassment molestation humiliation retaliation hostile work environment discrimination or malicious prosecution directed at that person or b. The spouse domestic partner child parent brother or sister of that person as a consequence of any bodily injury or personal and advertising injury to that person at whom any of the employment related practices described in subparagraphs 1 2 or 3 above is directed. This exclusion applies a. Whether the injury causing event described in paragraph 2.a. above occurs before employment during employment or after employment of that person b. Whether the insured may be held liable as an employer or in any other capacity or c. To any obligation to share damages with or repay someone who must pay damages because of the injury. LAWS MISCELLANEOUS 3. Under any of the following a. Any uninsured underinsured motorist or auto no fault or first party personal injury law b. Any workers compensation unemployment compensation or disability benefits law or any similar law or. The Employees Retirement Income Security Act E.R.I.S.A. of 1974 as now or hereafter amended. LOSS OF OR LOSS OF USE OF INTANGIBLE PROPERTY 4. Arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate or process intangible property. For purposes of this insurance electronic data is intangible property. NUCLEAR 5. a. With respect to which any insured under this policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its Limits of Insurance or b. Resulting from the hazardous properties of nuclear material and with respect to which 1 A person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or U UMB103 C CW 0310 Page 4 of 19 | 1 |
2 Any insured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization or. Any injury or nuclear property damage resulting from the hazardous properties of nuclear material if 1 The nuclear material a Is at any nuclear facility owned by or operated by or on behalf of any insured b Has been discharged or dispersed therefrom 2 The nuclear material is contained in spent fuel or waste at any time possessed handled used processed stored transported or disposed of by or on behalf of any insured or 3 The injury or nuclear property damage arises out of the furnishing by any insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this subparagraph 3 applies only to nuclear property damage to such nuclear facility and any property thereat. As used in this exclusion a. Hazardous properties include radioactive toxic or explosive properties. b. Nuclear Facility means 1 Any nuclear reactor 2 Any equipment or device designed or used for a Separating the isotopes of uranium or plutonium b Processing or utilizing spent fuel or c Handling processing or packaging waste 3 Any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of any insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 or 4 Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. c. Nuclear material means source material special nuclear material or by product material. Nuclear property damage includes all forms of radioactive contamination of property. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. f. Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. d. Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor. h. Waste means any waste material 1 Containing by product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content and 2 Resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility. VIOLATION OF STATUTES 6. Resulting from or arising directly or indirectly out of any action or omission that violates or is alleged to violate a. The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law U UMB103 C CW 0310 Page 5 of 19 | 1 |
The CAN SPAM Act of 2003 including any amendment of or addition to such law The Fair Credit Reporting Act FCRA and any amendment or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or d. Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. WAR AND MILITARY ACTION 7. Arising directly or indirectly out of a. War including undeclared or civil war b. Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or c. Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these regardless of any other cause or event that contributes concurrently or in any sequence to injury or damage. B. Under Coverage A this policy does not apply to any liability damage loss cost or expense POLLUTION 1. Arising directly or indirectly out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a. At or from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does not apply to 1 Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests 2 Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to underlying insurance as an additional insured with respect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or 3 Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire 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 maybe legally responsible or At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. However this subparagraph does not apply to 1 Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operation fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor 2 Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor U UMB103 C CW 0310 Page 6 of 19 | 1 |
2. 3 Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. That are or that are contained in any property that is 1 Being transported or towed by handled or handled for movement into onto or from any auto for which coverage is provided by underlying insurance 2 Otherwise in the course of transit by or on behalf of any insured or 3 Being stored disposed of treated or processed in or upon any auto. However this subparagraph f. does not apply to bodily injury or property damage arising out of i The escape of fuels lubricants other operating fluids exhaust gases or other similar pollutants that are needed for or result from the normal electrical hydraulic or mechanical functioning of a covered auto or i The escape of pollutants from a covered auto that directly results from the collision upset or overturn of such auto while in the course of transit away from any premises owned by or rented to any insured. Arising out of any a. Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or Claim or suit brought by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. Under Coverage B this policy does not apply to AIRCRAFT AUTOS OR WATERCRAFT 1. 2. 3. Any liability damage loss cost or expense arising out of the ownership maintenance operation use loading or unloading or entrustment to others of any a. b. C. Aircraft owned by you or rented loaned or chartered by or on behalf of you without crew Auto or Watercraft owned by you except watercraft while ashore on premises you own or rent. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured. EMPLOYEE INJURY Any injury to a. b. An employee of the insured arising out of and in the course of 1 Employment by the insured or 2 Performing duties related to the conduct of the insured s business or Any injury to the spouse domestic partner child parent brother or sister of that employee as a consequence of exclusion 2.a. above. This exclusion applies whether the insured may be liable as an employer or in any other capacity or to any obligation to share damages with or repay someone else who must pay damages because of an injury. IMPAIRED PROPERTY Property damage to impaired property or property that has not been physically injured arising out of a. A defect deficiency inadequacy or dangerous condition in your product or your work or U UMB103 C CW 0310 Page 7 of 19 | 1 |
b. A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. INTENTIONAL INJURY 4. Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. PERSONAL and ADVERTISING INJURY 5. Personal and advertising injury a. Caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury b. Arising out of oral or written publication of material if done by or at the direction of the insured with knowledge of its falsity. Arising out of oral or written publication of material whose first publication took place before the beginning of the policy period Arising out of a criminal act committed by or at the direction of any insured For which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement f. Arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement g Arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement h. Arising out of the wrong description of the price of goods products or services stated in your advertisement i. Arising out of the infringement of copyright patent trademark trade secret trade dress slogan or other intellectual property rights. However this exclusion does not apply to infringement of copyright trade dress or slogan in your advertisement j Committed by an insured whose business is 1 Advertising broadcasting publishing electronic publishing or telecasting 2 Designing or determining content of web sites for others or 3 An Internet search access or content provider. However this exclusion 5.j. does not apply to sub paragraphs C. 12. a. b. c. and h. of personal and advertising injury under SECTION V. DEFINITIONS. For purposes of this exclusion 5.. the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting k. Arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control or I. Arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. POLLUTION 6. Any liability damage loss cost or expense a. Arising directly or indirectly out of the actual alleged or threatened existence discharge seepage migration dispersal release or escape of pollutants or b. Arising out of any U UMB103 C CW 0310 Page 8 of 19 | 1 |
1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2 Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. PRODUCT RECALL 7. Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of a. Your product b. Your work or c. Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. PROPERTY DAMAGE 8. Property damage to a. Property you own rent or occupy including any costs or expenses incurred by you or any person or organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property Premises you sell give away or abandon if the property damage arises out of any part of those premises Property loaned to you Personal property in your care custody or control s a0 0w That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations f. That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it d. Your product arising out of it or any part of it or h. Your work arising out of it or any part of it and included in the products completed operations hazard. D. Under Coverage C this policy does not apply to any casualty business crisis arising out of based upon or attributable to PRIOR NOTICE 1. Facts alleged or to the same or related acts alleged or contained in any crisis claim or suit that has been reported or in any circumstances where notice has been given under any policy of which this policy or any underlying insurance is a renewal or replacement or PENDING OR PRIOR CRISIS CLAIM OR SUIT 2. Any pending or prior claim or suit as of the inception date of this policy. SECTION V. DEFINITIONS In this policy words and phrases appearing in bold face type have the definitions shown below. A. The following definitions are applicable to Coverage A Coverage B and Coverage C. 1. Designated insured means a. The persons and organizations specifically described under SECTION V. DEFINITIONS sub paragraphs C.6.a. through C.6.e. below for any insured or b. Any employee authorized by you to give or receive notice of an occurrence claim or suit. U UMB103 C CW 0310 Page 9 of 19 | 1 |
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. Loss means those sums actually paid that the insured is legally obligated to pay as damages for the settiement or satisfaction of a claim because of injury or offense after making proper deductions for all recoveries and salvage. However a. Under Coverage A 1 Loss also includes defense expenses and supplementary payments if underlying insurance includes defense expenses and supplementary payments in the Limits of Insurance and 2 Loss does not include defense expenses and supplementary payments if underlying insurance does not include defense expenses and supplementary payments in the Limits of Insurance. b. Under Coverage B. loss does not include defense expenses and supplementary payments. Other insurance means a policy of insurance providing coverage that this policy also provides. Other insurance includes any type of self insurance or other mechanisms by which an insured arranges for funding of legal liabilities. Other insurance does not include underlying insurance or a policy of insurance specifically purchased to be excess of this policy providing coverage that this policy also provides. Pollutants mean any man made or naturally occurring solid liquid gaseous or thermal irritant or contaminant including but not limited to smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. Suit means a civil proceeding in which injuries or damages to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit pursuant to law or contract or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. Underlying insurance means the policy or policies of insurance listed in the Schedule of Underlying Insurance forming a part of this policy. We will only be liable for amounts in excess of the Limits of Insurance shown in the Schedule of Underlying Insurance for any underlying insurance. The following definitions are applicable to Coverage A only 1. 2. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. Insured means a. You b. Any person or organization included as an insured in underlying insurance and c. Any person or organization qualifying as an additional insured in underlying insurance but only to the same extent that such person or organization is an additional insured under such underlying insurance. Non Admitted Jurisdiction means a. Any country or political subdivision in which we are not licensed or permitted to insure risks and where doing so would violate the insurance laws and regulations of such jurisdiction or b. Any country or political subdivision where we are prevented by law from investigating defending or settling an occurrence or suit. Occurrence means a covered event as defined in underlying insurance. Qualified Entity means any entity person or organization that is not an insured under this policy and would qualify as an insured under this policy but for the fact that the entity is registered domiciled or has ongoing operations in a non admitted jurisdiction. U UMB103 C CW 0310 Page 10 of 19 | 1 |
The following definitions are applicable to Coverage B only 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For purpose of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding websites only that part of a website that is about your goods products or services for the purpose of attracting customers or supporters is considered an advertisement. Auto means a. A land motor vehicle trailer or semi trailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. However auto does not include mobile equipment. Bodily injury means physical injury sickness or disease including death of a person. Bodily injury to such person also means mental anguish mental injury humiliation or shock if directly resulting from physical injury sickness or disease. Employee includes a leased worker. Employee does not include a temporary worker. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. Itincorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement If such property can be restored to use by a. The repair replacement adjustment or removal of your product or your work or b. Your fulfilling the terms of the contract or agreement. Insured means a. You if you are an organization shown in the Declarations other than a partnership joint venture or limited liability company. Your executive officers and directors are insureds but only with respect to their duties as your executive officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders b. You if you are a partnership or joint venture shown in the Declarations. Your members your partners and their spouses or domestic partners are also insureds but only with respect to the conduct of your business. Youand your spouse or domestic partner if you are an individual shown in the Declarations but only with respect to the conduct of a business of which you are the sole owner d. You if you are a limited liability company shown in the Declarations. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers e. You if you are a trust shown in the Declarations. Your trustees are also insureds but only with respect to their duties as trustees f. Your employees but only for acts within the scope of their employment by you d. Your volunteer workers but only while performing duties related to the conduct of your business h. Any person or organization while acting as your real estate manager or i. Your legal representative if you die but only with respect to duties as such. U UMB103 C CW 0310 Page 11 of 19 | 1 |
No person or organization is an insured with respect to the conduct of any current past or newly formed partnership limited liability company or joint venture that is not designated within the Declarations of this policy as Named Insured. Insured contract means any written or oral agreement entered into by the insured in the usual course of the business operations of the insured in which the insured assumes the tort liability of another to pay damages because of bodily injury or property damage to a third person or organization where the contract or agreement is made prior to the injury or damage. Liability means a liability that would be imposed by law in the absence of any contract or agreement. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment 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 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 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 are considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on an auto or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. 10. Named insured means a. The persons and organizations designated in Item 1. of the Declarations of this policy b. Any organization other than a partnership joint venture or limited liability company over which you maintain majority interest and to which more specific insurance does not apply other than one which you newly acquire or form or U UMB103 C CW 0310 Page 12 of 19 | 1 |
Any newly acquired or formed organization other than a partnership joint venture or limited liability company over which you maintain majority interest and to which more specific insurance does not apply provided that this policy does not apply to any injury or damage that took place before you acquired or formed the organization. 11. Occurrence means a. b. With respect to bodily injury or property damage liability an accident including continuous or repeated exposure to substantially the same general harmful conditions. With respect to personal and advertising injury a covered offense. All damages that arise from the same act publication or general conditions are considered to arise out of the same occurrence regardless of the frequency or repetition thereof the number or kind of media used or the number of claimants. 12. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. b. 0 T e False arrest detention or imprisonment Malicious prosecution The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services Oral or written publication in any manner of material that violates a person s right of privacy The use of another s advertising idea in your advertisement Infringement upon another s copyright trade dress or slogan in your advertisement or Discrimination unless insurance thereof is prohibited by law not arising out of or related to employment practices. Personal and advertising injury also means mental anguish mental injury humiliation or shock if directly resulting from an offense listed in ltems 12.a. through 12.h. above. 13. Products completed operations hazard means all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except a. b. Products that are still in your physical possession or Work that has not yet been completed or abandoned. Your work will be deemed completed at the earliest of the following times 1 When all of the work called for in your contract has been completed 2 When all of the work to be done at the site has been completed if your contract calls for work at more than one site or 3 When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. This hazard does not include bodily injury or property damage arising out of a. b. The transportation of property unless the injury or damage arises out of a condition in or on a vehicle created by the loading or unloading of it by any insured or The existence of tools uninstalled equipment or abandoned or unused materials. 14. Property damage means a. b. 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 Loss of use of tangible property that is not physically injured. All such loss shall be deemed to occur at the time of the occurrence that caused it. U UMB103 C CW 0310 Page 13 of 19 | 1 |
15. 16. 17. 18. 19. Retained limit means the amount of damages applicable to each occurrence for which the insured is responsible that is shown in Item 5. of the Declarations. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. Your product means a. Any goods or products other than real property manufactured sold handled distributed or disposed of by 1 You 2 Others trading under your name or 3 A person or organization whose business or assets you have acquired and b. Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. Your product includes a. Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and b. The providing or failure to provide warnings or instructions. Your product does not include vending machines or other property rented to or located for use of others but not sold. Your work means a. Work or operations performed by you or on your behalf and b. Materials parts or equipment furnished in connection with such work or operations. Your work includes a. Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and b. The providing of or failure to provide warnings or instructions. D. The following definitions are applicable to Coverage C only 1. Casualty business crisis means an event that in the good faith opinion of your principal in the absence of casualty business crisis services has been or may be associated with a. Damages covered by this policy under Coverage A that are in excess of the applicable limits of underlying insurance or under Coverage B that are in excess of the Retained Limit and b. Significant adverse regional or national media coverage. Casualty business crisis shall include without limitation man made disasters such as explosions major crashes multiple deaths or injuries burns dismemberment traumatic brain injury paraplegia or contamination of food drink or pharmaceuticals. For purposes of Coverage C a casualty business crisis will first commence when your principal first become aware of the occurrence and will conclude at the earliest of the time when the casualty business crisis advisor advises you that the crisis no longer exists or when the Casualty Business Crisis Expense Aggregate Limit has been exhausted. Casualty business crisis advisor means any public relations firm or crisis management firm approved by us that is hired by you to perform casualty business crisis services in connection with a casualty business crisis. U UMB103 C CW 0310 Page 14 of 19 | 1 |
3. 5. Casualty business crisis expense means amounts paid a. To you for the reasonable and necessary 1 Fees and expenses of a casualty business crisis advisor in the performance for you of casualty business crisis services solely for a covered casualty business crisis and 2 Amounts for printing advertising mailing of materials or travel by your directors officers employees or agents or a casualty business crisis advisor solely for a casualty business crisis and b. To others for the following reasonable and necessary expenses resulting from such covered casualty business crisis provided that such expenses have been approved by us 1 Medical expenses 2 Funeral expenses 3 Psychological counseling 4 Travel expenses 5 Temporary living expenses 6 Expenses to secure the scene of a casualty business crisis and 7 Any other expenses pre approved by us. Casualty business crisis services means those services performed by a casualty business crisis advisor in advising you on minimizing potential harm to you from a covered casualty business crisis by maintaining or restoring public confidence in you. Principal means your Chief Executive Officer Chief Operating Officer Chief Financial Officer President General Counsel or general partner if you are a partnership or sole proprietor if you are a proprietorship. SECTION VI. CONDITIONS A. The following Conditions are applicable to Coverage A Coverage B and Coverage C. 1. Appeals In the event you or any underlying insurer elects not to appeal a judgment in excess of the amount of the underlying insurance we may elect to appeal at our expense. If we do so elect we will be liable for the costs and additional interest accruing during this appeal. In no event will this provision increase our liability beyond the applicable Limits of Insurance described in SECTION II. of this policy. Audit of Books and Records We may audit and examine your books and records as they relate to this policy at any time during the period of this policy and for up to three 3 years after the expiration or termination of this policy. Bankruptcy or Insolvency The bankruptcy insolvency or inability to pay of any insured will not relieve us from our obligation to pay damages covered by this policy. In the event of bankruptcy insolvency or refusal or inability to pay of any underlying insurer the insurance afforded by this policy will not replace such underlying insurance but will apply as if all the limits of any underlying insurance are fully available and collectible. Cancellation and Nonrenewal a. Cancellation 1 You may cancel this policy. You must mail or deliver advance written notice to us stating when the cancellation is to take effect. 2 We may cancel this policy. If we cancel because of non payment of premium we will mail or deliver to you not less than ten 10 days advance written notice when the cancellation is to take effect. If we cancel for any other reason we will mail or deliver to you not less than ninety 90 days advance written notice stating the reasons for cancellation as well as the date when the cancellation is to take effect. Mailing notice to you at your mailing address shown in Item 2. of the Declarations will be sufficient to prove notice. U UMB103 C CW 0310 Page 15 of 19 | 1 |
3 The policy period will end on the day and hour stated in the cancellation notice. 4 If this policy is cancelled the final premium will be calculated pro rata based on the time this policy was in force. 5 Premium adjustment may be made at the time of cancellation or as soon as practicable thereafter but the cancellation will be effective even if we have not made or offered any refund due you. Our check or our representative s check mailed or delivered will be sufficient tender of any refund due you. b. Nonrenewal If we decide not to renew this policy we will mail or deliver to the first Named insured shown in the Declarations written notice of the nonrenewal not less than thirty 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. Changes Notice to any agent or knowledge possessed by any agent or any other person will not effect a waiver or a change in any part of this policy. This policy can only be changed by a written endorsement that becomes a part of this policy. Currency Settlements will be paid in United States currency or when required in the currency of the country or jurisdiction where the loss or casualty business crisis occurred. When conversion into another currency from United States currency is required to pay any loss or casualty business crisis expense the rate of exchange will be determined on the date of the settlement. The rate of exchange will be the rate we incur in obtaining the foreign currency. First Named Insured The person or organization first named in Item 1. of the Declarations is responsible for the payment of all premiums. The first Named Insured will act on behalf of all other insureds for the giving and receiving of notice of cancellation or any other notice required under this policy or by statute or regulation for the receipt and acceptance of this policy and any endorsements forming a part of this policy and for the receiving of any return premiums that become payable under this policy. Inspection We have the right but are not obligated to inspect the insured s premises and operations at any time. Our inspections are not safety inspections. They relate only to the insurability of the premises and operations and the premium to be charged. We may provide reports on the conditions we find. We may also recommend changes. While these reports may help reduce losses we do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. We do not warrant that the premises or operations are safe or healthful or that they comply with laws regulations codes or standards Entities That Are Registered Domiciled or Have Ongoing Operations in Non Admitted Jurisdictions This condition applies solely with respect to entities that are registered domiciled or have ongoing operations in non admitted jurisdictions. With respect to a qualified entity a. Under Coverage A we will reimburse the first Named Insured for loss incurred by a qualified entity that would have been covered this policy but for the fact that the loss was incurred by a qualified entity including 1 Damages covered by this policy in excess of the total applicable limits of underlying insurance and 2 Reasonable defense expenses incurred with our consent. We have no duty to defend any person or organization against any claim or suit brought or proceeding instituted against any qualified entity in a non admitted jurisdiction but we may at our discretion assume control of or participate in any investigation defense settlement or recovery proceedings. b. Coverage under this policy will not apply until the qualified entity or the qualified entity s underlying insurer has paid or is obligated to pay the full amount of the applicable limits of underlying insurance. U UMB103 C CW 0310 Page 16 of 19 | 1 |
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