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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 ltem 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 a. 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. The policies listed in the Schedule of Underlying Insurance may not be canceled or not renewed by you without notifying us and you agree to notify us in the event an insurance company cancels or declines to renew any policy listed in the Schedule of Underlying Insurance and d. Renewals or replacements of the policies listed in the Schedule of Underlying Insurance will not be materially changed without our agreement. If you fail to comply with these requirements we will only be liable to the same extent that we would have been had you fully complied with these requirements. Miscellaneous Unintentional Errors and Omissions Any unintentional error or omission in the description of or failure to describe completely any premises or operations intended to be covered by this policy shall not invalidate or affect the coverage for those operations or premises. However the insured must report such error or omission to the company as soon as practicable after its discovery. Other Insurance If other insurance applies to damages that are also covered by this policy this policy will apply excess of the other insurance. However this provision will not apply a. If the other insurance is written to be excess of this policy or b. With respect to Coverage A only if the named insured has agreed in a written contract to carry insurance to apply prior to and be non contributory with that of another person or organization s insurance but only as respects damages arising out of insured operations or work on behalf of the named insured performed under such written contract. The limits available to the other person or organization will be the lesser of the policy limits or the minimum limits required by such written contract. In that case other insurance of that person or organization will apply as excess and not contribute prior to the insurance afforded by this policy. U UMB103 C CW 0310 Page 17 of 19 | 1 |
14. 15. 16. 17. 18. 19. 20. 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. Asif 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. 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. The following Condition is applicable to Coverage A and Coverage B 1. Notice of Occurrence Claim or Suit a. You must see to it that we are notified 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 U UMB103 C CW 0310 Page 18 of 19 | 1 |
2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence. b. 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. c. If aclaim or suit against any Insured is reasonably likely to involve this policy you must notify us in writing as soon as practicable. d. 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. e. 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. f. 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. In this event each party will select an arbitrator. The two arbitrators will select a third. If they can not agree within 30 days both parties must request that selection be made by a judge of a court having jurisdiction. Each party will a. Pay the expenses it incurs and b. Bear the expenses of the third arbitrator equally. Unless both parties agree otherwise arbitration will take place in the state county or parish in which the address shown in the Declarations is located. Local rules of law as to procedure and evidence will apply. U UMB103 C CW 0310 Page 19 of 19 | 1 |
Endorsement 01 Z ZURICH Certified Act of Terrorism Retained Amount Provisions Coverage B 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 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CERTIFIED ACT OF TERRORISM RETAINED AMOUNT SCHEDULE Each Occurrence Retained Amount 1000000 Products Completed Operations Aggregate Retained Amount 2000000 Other Aggregate Retained Amount 2000000 Certified Act of Terrorism Retained Amount Provisions Coverage B The following additional provisions apply under Coverage B of this policy as respects 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 regardless of any other cause or event that contributes concurrently or in any sequence to the injury or damage A. The Retained Amounts shown in the Schedule above apply in place of the Coverage B retained limit specified in Item 5. of the Declarations or any amount payable by other insurance whichever is greater and are the only retained amount provisions applying to any loss claim or suit from a certified act of terrorism. These provisions do not apply to any other loss claim or suit not involving a certified act of terrorism that would still be subject to the applicable Coverage B retained limit amount. The specific retained amounts applying to certified acts of terrorism are as follows 1. The Each Occurrence Retained Amount shown in the Schedule above is the total retained amount of damages for which the insured is responsible applicable to each occurrence. 2. The Products Completed Operations Aggregate Retained Amount shown in the Schedule above is the total retained amount of damages for which the insured is responsible applicable to all occurrences included within the products completed operations hazard. 3. The Other Aggregate Retained Amount shown in the Schedule above is the total retained amount of damages for which the insured is responsible applicable to all occurrences except for occurrences included within the products completed operations hazard. B. The following changes apply to SECTION Ill. DEFENSE AND SUPPLEMENTARY PAYMENTS as respects Coverage B only as respects to a loss claim or suit to which this endorsement applies 1. 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 under Coverage B when the applicable retained amount has been exhausted by payment of claims. Copyright 2015 Zurich American Insurance Company Includes copyrighted material of Insurance Services Office Inc. with its permission. U UMB406 D CW 0115 Page 1 of 2 | 2 |
2. In those circumstances where paragraph B.1. of this endorsement applies in addition to the applicable Limits of Insurance we will pay our expenses and the following to the extent that they are not included in underlying insurance or other insurance a. Up to 2000 for the cost of bail bonds. We do not have to furnish these bonds b. 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 c. 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 work Costs taxed against the insured in the suit 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 on that period of time after the offer and f. 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. In those circumstances where paragraph B.1. of this endorsement 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 paragraph B.1. of this endorsement we will pay any expense incurred with our consent. C. The following provision is added to SECTION VI. CONDITIONS Paragraph A.10. Notice of Occurrence Claim or E. Suit You must notify us immediately in writing of any claim or suit which seeks damages in an amount which is fifty 50 percent or more of the amount of the Each Occurrence Retained Amount stated in the Schedule of this endorsement. As used in this endorsement certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act TRIA to be an act of terrorism. TRIA provides that the Secretary of Treasury shall certify an act of terrorism 1. 2. 3. 4. To be an act of terrorism To be a violent act or an act that is dangerous to human life property or infrastructure 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 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. As used in this endorsement retained amount means the amount of damages for which the insured is responsible as shown in the Schedule of this endorsement. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. Copyright 2015 Zurich American Insurance Company Includes copyrighted material of Insurance Services Office Inc. with its permission. U UMB406 D CW 0115 Page 2 of 2 | 2 |
Endorsement 02 ZURICH Auto Leasing Exclusion Eff. Date of End. Producer Add Prem. Policy No. Eff. Date of Pol. Exp. Date of Pol. 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 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 ownership maintenance operation use loading or unloading or entrustment to others of any auto leased rented or loaned to others. This exclusion does not apply to the extent that insurance is provided by the underlying insurance for 1. A salesperson or other employee of any insured for use of such auto principally in an insured s business or 2. A customer for use of such auto while such customer s auto is temporarily in any insured s care for maintenance service or repair. U UMB119 A CW 0799 Page 1 of 1 | 2 |
Endorsement 03 ZURICH Care Custody Or Control Exclusion Eff. Date of End. Producer Add Prem. Policy No. Eff. Date of Pol. Exp. Date of Pol. 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 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Under Coverage A this policy does not apply to property damage to Real and Personal Property of others in the care custody or control of the insured. If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. U UMB129 B CW 0703 Page 1 of 1 | 2 |
Endorsement 04 ZURICH Cross Suits Exclusion Eff. Date of End. Producer Add Prem. Policy No. Eff. Date of Pol. Exp. Date of Pol. 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 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. U UMB141 A CW 0799 Page 1 of 1 | 2 |
Endorsement 05 ZURICH Designated Premises Limitation Eff. Date of End. Producer Add Prem. Policy No. Eff. Date of Pol. Exp. Date of Pol. 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 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Under Coverage A and Coverage B this policy only applies to bodily injury property damage or personal and advertising injury arising out of 1. The ownership maintenance or use of the premises designated in the Schedule listed below or any property located thereon 2. Operations on such premises or elsewhere which are necessary or incidental to the ownership maintenance or use of such premises or 3. Goods or products manufactured at or distributed from such premises SCHEDULE OF COVERED PREMISES Description and location of premises ON FILE WITH COMPANY If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. U UMB151 B CW 0703 Page 1 of 1 | 2 |
Endorsement 06 ZURICH Employee Benefits Liability Follow Form Eff. Date of End. Producer Add Prem. Policy No. Eff. Date of Pol. Exp. Date of Pol. 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 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Under Coverage B only this policy does not apply to any liability damage loss cost or expense imposed on any insured as a Fiduciary Administrator or other party in interest arising out of any Employee Benefits Program record handling in connection with any Employee Benefits Program or effecting or terminating any employee s participation in any plan included in any Employee Benefits Program. As used in this endorsement Employee Benefits Program means any group life insurance group accident or health insurance profit sharing plans pension plans stock subscription plans unemployment insurance social security benefits workers compensation and disability benefits and any other similar plans. U UMB167 B CW 0703 Page 1 of 1 | 2 |
Endorsement 07 ZURICH Fiduciary Liability Exclusion Eff. Date of End. Producer Add Prem. Policy No. Eff. Date of Pol. Exp. Date of Pol. 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 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 1. The ownership maintenance use or entrustment to others of any property real personal or intangible including all related operations for which any insured or any person for whose acts any insured is legally liable is acting or is obligated to act in a fiduciary or representative capacity 2. The loss depreciation in value or damage to any property real personal or intangible for which any insured or any person for whose acts any insured is legally liable is acting in a fiduciary or representative capacity. U UMB178 B CW 0703 Page 1 of 1 | 2 |
Endorsement 08 ZURICH Financial Institutions Exclusion Eff. Date of End. Producer Add Prem. Policy No. Eff. Date of Pol. Exp. Date of Pol. 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 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 A B. The ownership maintenance operation use entrustment to others or loading or unloading of any aircraft watercraft railroad locomotive or railroad cars in which any insured has any financial interest as a lessor or mortgagee Property damage to or loss or depreciation of any property of whatsoever nature held by deposited with entrusted to or otherwise in the care custody or control of any insured or as to which any insured is for any purpose exercising control The assumption of liability by or on behalf of any insured under any binder policy or contract of insurance reinsurance suretyship annuity or endowment or resulting from any acts errors or omissions in effecting such binders policies or contracts. Any act error omission or breach of duty in performing or failure to perform banking or fiduciary services or in giving financial economic or investment advice or in rendering investment advisory or management services Brought about by or contributed to by any dishonest or fraudulent acts of any insured or any director officer or employee of any insured The ownership maintenance operation entrustment to others use control or management of any property or business enterprise for which any insured is acting as a fiduciary or representative capacity or Any act error or omission of any insured or of any other person for whose acts errors or omissions any insured is legally responsible arising out of any failure to comply with the Truth in Lending Act or any similar Federal State or Municipal Statute. Any act error or omission of any insured or of any other person for whose acts errors or omissions any insured is legally responsible arising out of any failure to comply with the Gramm Leach Bliley Act also known as the Financial Services Modernization Act or any similar Federal State or Municipal Statute. As used in this endorsement The term fiduciary shall include administrator executor trustee under will or trust agreement committee for incompetence guardian any agent or sub agent of any of the foregoing custodian of securities manager of property of whatsoever nature interest or dividend disbursing agent paying agent fiscal agent transfer agent registrar agent agent for voting trustee warrant agent depository agent for a committee of holders of stock or securities escrow agent trustee under bond indenture sinking fund agent receiver or trustee appointed by any court in receivership bankruptcy or reorganization proceeding or any similar trust representative or semifiduciary capacity. U UMB181 B CW 0703 Page 1 of 1 | 2 |
Endorsement 09 Z ZURICH Insurance Related Operations Exclusion 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 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial Umbrella Liability Policy Under Coverage A and Coverage B this policy does not apply to any liability damage loss cost or expense arising out of 1. Any obligation assumed by any insured under any contract or treaty of insurance reinsurance suretyship annuity endowment or employee benefit plan including applications receipts or binders therefor 2. The failure to discharge or the improper discharge of any obligation or duty contractual or otherwise any contract or treaty of insurance reinsurance suretyship annuity endowment or employee benefit plan including applications receipts or binders therefor 3. Membership in or contribution to any plan pool association insolvency or guarantee fund or any similar fund organization or association whether voluntary or involuntary or 4. Any act error or omission of any insured or of any other person for whose acts errors or omissions any insured is legally responsible arising out of any failure to comply with the Gramm Leach Bliley Act also known as the Financial Services Modernization Act or any similar Federal State or Municipal Statute. 5. The rendering of or failure to render professional services in a. Advising inspecting reporting or making recommendations in the insured s capacity as an insurance company consultant broker agent or representative thereof b. Effecting insurance reinsurance or suretyship coverage Investigating defending or settling any claim under any contract of insurance self insurance reinsurance or suretyship Auditing of accounts or records of others Conducting an investment loan or real estate department or operation f. Acting in any capacity as a fiduciary or trustee for mutual funds pension or welfare funds or other similar activities or g. Performing any claim investigative adjustment engineering inspection or data processing service. These exclusions apply 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 that which is described in Paragraph 1. 2. 3. 4. or 5. above. All other terms conditions provisions and exclusions of this policy remain the same. U UMB186 C CW 0114 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Endorsement 10 ZURICH Lead Exclusion Eff. Date of End. Producer Add Prem. Policy No. Eff. Date of Pol. Exp. Date of Pol. 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 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. A. Under Coverage A and Coverage B this policy does not apply to 1. Any liability damage loss cost or expense arising out of resulting from caused by or contributed to by toxic or pathological properties of lead lead compounds or lead contained in any materials Any cost or expense to abate mitigate remove or dispose of lead lead compounds or materials containing lead Any supervision instructions recommendations warnings or advice given or which should have been given in connection with paragraphs 1. or 2. above or Any obligation to share damages with or repay anyone else who must pay damages in connection with paragraphs 1. 2. or 3. above. U UMB193 A CW 0799 Page 1 of 1 | 2 |
Endorsement 11 ZURICH Personal and Advertising Injury Follow Form Eff. Date of End. Producer Add Prem. Policy No. Eff. Date of Pol. Exp. Date of Pol. 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 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Under Coverage B only this policy does not apply to any liability damage loss cost or expense arising out of any personal and advertising injury offense. U UMB217 A CW 0799 Page 1 of 1 | 2 |
Endorsement 12 ZURICH Notice of Occurrence Endorsement Eff. Date of End. Producer Add Prem. Policy No. Eff. Date of Pol. Exp. Date of Pol. 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 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Any Notice of Occurrence as required in SECTION VI. CONDITIONS Condition B.1. of the policy should be reported to Zurich Claim Reporting Care Center P.O. Box 49547 Colorado Springs CO 80949 Phone 1 800 987 3373 Fax 1 877 962 2567 Email USZ CareCenterZurichna.com ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. Includes copyrighted material of Insurance Services Office Inc. with its permission. U UMB384 B CW 0310 Page 1 of 1 | 2 |
Endorsement 13 ZURICH Fungus or Bacteria Exclusion Eff. Date of End. Producer Add Prem. Policy No. Eff. Date of Pol. Exp. Date of Pol. 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 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 effects of fungi or bacteria by any insured or by any other person or entity. Definitions As used in this endorsement 1. 3. Bacteria means any type or form of bacteria and any materials or substances that are produced or released by bacteria. 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. 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. U UMB385 B CW 0703 Page 1 of 1 | 2 |
Endorsement 14 Z ZURICH Financial Professional Services Exclusion 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 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial Umbrella Liability Policy A. Under Coverage A and Coverage B this policy does not apply to any liability damage loss cost or expense arising out of the rendering of or failure to render any professional services. 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 the failure to render professional services by any insured to others. B. As used in this endorsement professional services means those services rendered or required to be rendered to others pursuant to an agreement and for a fee or other payment and include non compensated services provided they are rendered or required to be rendered in connection with paid services. They include but are not limited to services arising out of investment banking lending financial counseling insurance operations real estate operations and appraisal services. All other terms conditions provisions and exclusions of this policy remain the same. U UMB428 B CW 0114 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Endorsement 15 Z ZURICH Computer Software Liability Exclusion 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 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial Umbrella Liability Policy Under Coverage A and Coverage B this policy does not apply to any liability damage loss cost or expense arising out of 1. The rendering of or failure to render any service by you or on your behalf in connection with the selling licensing franchising or furnishing of your computer software including electronic data processing programs designs specifications manuals and instructions or 2. Any obligation of the insured to pay damages by reason of the assumption of liability in a contract or agreement as a consequence of exclusion 1. above. 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 service described above. All other terms conditions provisions and exclusions of this policy remain the same. U UMB432 B CW 0114 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Endorsement 16 ZURICH Silica or Silica Mixed Dust Exclusion Eff. Date of End. Producer Add Prem. Policy No. Eff. Date of Pol. Exp. Date of Pol. 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 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 or assessing 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. U UMB488 A CW 0604 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Endorsement 17 ZURICH Total Pollution Exclusion With A Hostile Fire Exception Eff. Date of End. Producer Add Prem. Policy No. Eff. Date of Pol. Exp. Date of Pol. 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 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Exclusions B. POLLUTION under Coverage A and C. 6. POLLUTION under Coverage B of Section IV. EXCLUSIONS are deleted and replaced by the following Under Coverage A and Coverage B this policy does not apply to any liability damage loss cost or expense POLLUTION 1. Arising directly or indirectly out of the actual alleged or threatened existence discharge seepage migration dispersal release or escape of pollutants. This exclusion does not apply to bodily injury or property damage arising out of heat smoke or fumes from a hostile fire unless that hostile fire occurred or originated a. b. At any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste or At any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations to test for monitor clean up remove contain treat detoxify neutralize or in any way respond to or assess the effects of pollutants. Arising out of any a. Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. As used in this endorsement hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. U UMB664 A CW 0310 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Endorsement 18 Z ZURICH Access Or Disclosure Of Confidential Or Personal Information Following Form Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer 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 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. A. Paragraph A. 4. of SECTION IV. EXCLUSIONS is deleted B. The following is added to Paragraph C. of SECTION IV. EXCLUSIONS Under Coverage B this policy does not apply to any liability damage loss cost or expense ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION Arising out of a. Any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information or b. The loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of that which is described in Paragraph a. or b. above. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. U UMB922 A CW 0115 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Endorsement 19 Z ZURICH Sanctions Exclusion Endorsement Policyholder ALTRA FEDERAL CREDIT UNION 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 enroliment 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 10f 1 | 2 |
ZURICH Wisconsin Cancellation and Nonrenewal Eff. Date of End. Producer Add Prem. Policy No. Eff. Date of Pol. Exp. Date of Pol. 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 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. A. SECTION V1. 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 including the reason for the cancellation stating when the cancellation is to take effect. The mailing of notice shall be sufficient proof of notice. a If this policy has been in effect for less than sixty 60 days and 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 sixty 60 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 i. Non payment of premium The policy was obtained by material misrepresentation iii. There has been a substantial change in the risk we originally assumed except to the extent that we should have foreseen the change or considered the risk in writing the policy or iv. There have been substantial breaches of contractual duties conditions or warranties. B. SECTION VI. CONDITIONS A. 4. Cancellation and Nonrenewal b. Nonrenewal is deleted and replaced with the following b. Nonrenewal If we decide not to renew this policy we will mail or deliver notice of nonrenewal including the reasons therefore not less than sixty 60 days before the expiration date of this policy. Such notice will be mailed or delivered to you at the address shown on the policy. If notice is mailed proof of mailing will be sufficient proof of notice. C. SECTION VI. CONDITIONS A. 4. Cancellation and Nonrenewal is amended by the addition of the following C. Anniversary Cancellation 1 If this policy is written for a term longer than one year we may cancel for any reason at an anniversary by mailing or delivering written notice of cancellation to the you at the address shown on the policy not less than sixty 60 days before the anniversary date. 2 We may cancel this policy because of the termination of an insurance marketing intermediary s contract with us only if the notice of cancellation contains an offer to continue the policy with us if we receive a written request from you prior to the date of cancellation. U UMB347 B WI 0410 Page 1 of 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
d. Anniversary Alteration 1 If this policy is written for a term of more than one year or has no fixed expiration date we may alter the terms or premium of this policy by mailing or delivering written notice of the less favorable terms or premiums to you at the address shown on the policy. We will mail by first class mail or deliver this notice not less than sixty 60 days prior to the anniversary date. If we notify you within sixty 60 days prior to the anniversary date the new terms or premiums will not take effect until sixty 60 days after the notice was mailed or delivered. The notice will include a statement of your right to cancel. You may elect to cancel the policy at any time during the 60 day period. If you elect to cancel the policy during the 60 day period return or additional premium charges will be calculated proportionately based on the old premiums. e. Renewal With Altered Terms 1 If we decide to renew this policy but on less favorable terms or at higher premiums we will mail or deliver written notice of the new terms or premiums to you at the address shown on the policy. We will mail or deliver this notice not less than sixty 60 days prior to the renewal date. 2 If we notify you within sixty 60 days prior to the renewal date the new terms or premiums will not take effect until sixty 60 days after the notice was mailed or delivered. The notice will include a statement of your right to cancel. You may elect to cancel the renewal policy at any time during the 60 day period. If you elect to cancel the renewal policy during the 60 day period return premiums or additional premium charges will be calculated proportionately based on the old premiums. 3 We need not mail or deliver this notice if the only change adverse to you is a premium increase that a Is less than 25 and is generally applicable to the class of business to which this policy belongs or b Results from a change based on any insured s action that alters the nature or extent of the risk insured against including but not limited to a change in the classification or the units of exposure or increased policy coverage. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. U UMB347 B WI 0410 Page2of 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Endorsement 20 Z ZURICH Exclusion Recording And Distribution Of Material Or Information In Violation Of Law Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer 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 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial Umbrella Liability Policy Under Section IV. Exclusions paragraph A. 6. Violation Of Statutes is replaced by the following RECORDING AND DISTRIBUTION OF MATERIAL OR INFORMATION IN VIOLATION OF LAW 6. Directly or indirectly arising out of or based upon any action or omission that violates or is alleged to violate a. The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law b. The CAN SPAM Act of 2003 including any amendment of or addition to such law c. The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or d. Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions or any other legal liability at common law or otherwise that addresses prohibits or limits the printing dissemination disposal monitoring collecting recording use of sending transmitting communicating or distribution of material or information. All other terms conditions provisions and exclusions of this policy remain the same. U UMB525 F CW 0114 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Endorsement 21 ZURICH Umbrella Amendatory Endorsement ZURICH 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 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial Umbrella Liability Policy A. Under SECTION IV. EXCLUSIONS Paragraph C.5. Personal and Advertising Injury Subparagraphs b. and c. are replaced by the following b. Arising out of oral or written publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity c. Arising out of oral or written publication in any manner of material whose first publication took place before the beginning of the policy period B. Under SECTION V. DEFINITIONS Paragraph C.2. Auto Subparagraph b. is replaced by the following b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged C. Under SECTION V. DEFINITIONS Paragraph C.9. Mobile equipment the last Paragraph under the definition of Mobile equipment is replaced by the following 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 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. All other terms conditions provisions and exclusions of this policy remain the same. U UMB906 A CW 0114 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Endorsement 22 Z ZURICH Cap On Losses From Certified Acts Of Terrorism Insured s Name Policy Number Effective Date Endorsement Number ALTRA FEDERAL CREDIT UNION AUC 0134762 03 09012017 22 THIS ENDORSEMENT CHANGES YOUR POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies your insurance. Commercial Umbrella Liability Policy A. Cap on Losses From Certified Terrorism Losses Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with 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. If aggregate insured losses attributable to one or more certified acts of terrorism exceed 100 billion in a calendar year January 1 through December 31 and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of Treasury. B. Application of Other Exclusions The terms and limitations of a terrorism exclusion or any other exclusion or the inapplicability or omission of a terrorism exclusion or any other exclusion do not serve to create coverage which would otherwise be excluded limited or restricted under this policy. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. Copyright 2015 Zurich American Insurance Company Includes copyrighted material of Insurance Services Office Inc. with its permission. U GU767 B CW 0115 Page 1 of 1 | 2 |
nan nan nan nan 1.07201400009e17 7 Libel. Mutlltal.. Liberty Murus Group Boston COMMERCIAL LIABILITY UMBRELLA DECLARATIONS Policy Number TH7 Z91 460737 064 Renewal of. TH7 291 460737 063 Producer LOCKTON COMPANIES LLC KANSAS CITY SERIES 444 W 47TH ST STE 900 KANSAS CITY MO 64112 Item 1. Named Insured and Mailing Address Kona Grill Inc. 7150 E Camleback Rd Ste 220 Scottsdale AZ 85251 1233 The Named Insured is Corporation Business of the Named Insured is Eating places Item 2. Policy Period 412014 to 412015 at 1201 A.M. standard time at above mailing address. Item 3. In return for the payment of the premium and subject to all the terms of this policy we agree with you to provide the insurance as stated in this policy. LIMITS OF INSURANCE Each Occurrence Limit 10000000 General Aggregate Limit 10000000 Products Completed Operations Aggregate Limit 10000000 Item 4. Self Insured Retention Each Occurrence 10000 Item 5. Premium Premium Basis Audit Basis Estimated Exposure Rate Advance Premium Flat Charge 0 31281 Terrorism Risk insurance Act 0 Total Advance Premium 31281 Retention Each Occurrence 7820 Minimum Premium Issued by Liberty Insurance Corporation 175 Berkeley St. Boston MA 02117 617 357 9500 Issued Code Number Account Number Sub Account Number Tb 04072014 99935 9 460737 0000 LCU 0002 11 10 2010 Liberty Mutual Group of Companies. All rights reserved. Page 1 of 2 | 2 |
nan nan nan nan 1.07201400009e17 Item 6. Underlying Insurance Coverage Insurer Policy Period Policy Number Limits of Insurance Employers Liability Liberty Mutual Fire Insurance Company 412014 to 412015 WC2 791 460737 014 500000 By Accident Each Accident 500000 By Disease Policy Limit 500000 By Disease Each Employee Auto Liability HNO First Liberty Insurance Corporation 1412014 to 412015 IAS6 Z91 460737 034 1000000 CSL General Liability LM Insurance Corporation 412014 to 412015 TB5 291 460737 024 1000000 Each Occurrence 2000000 General Aggregate 2000000 Products Completed Ops Aggregate 1.000000 Pers Adv Injury Limit Liquor Liability Liberty Mutual Fire Insurance ICompany 412014 to 412015 TO2 291 460737 044 2000000 Aggregate 1000000 Each Common Cause These Declarations and any Declarations Extension Schedules together with the Coverage Form and any Endorsements complete this policy. Forms and Endorsements attached to this policy See Attached Schedule Ops. 2014 to 412015 5 291 460737 024 0 Each Common Cause Countersigned by oy Bt Authorized Company Representative 2010 Liberty Mutual Group of Companies. All rights reserved. Page 2 of 2 LCU 00021110 | 2 |
nan nan nan nan 1.07201400009e17 SCHEDULE OF FORMS AND ENDORSEMENTS Form Number Form Name Endorsement Number LCU 000211 10 Commercial Liability Umbrella Declarations LCU 21181110 Silica Exclusion LCU 21471110 Damage First Occurring Prior to Policy Period Exclusion LCU 24091110 Foreign Liability Limitation LCU2509 11 10 Non Cumulation of Liability Same Occurrence LCU 04110112 Crisis Management Coverage LCU 20011013 Additional Insured Limitation LCU 21731013 Personal And Advertising Injury Exclusion Amendment LCU 21741013 Liquor Liability Extlusion Amendment LCU21781013 Asbestos Exclusion LCU 21790114 Unlawful Discrimination Exclusion LCU 99 07 01 14 Newly Acquired or Formed Organization Amendment LCU 04 04 11 10 Employee Benefits Liability Coverage Limitation LC 2164 08 07 Land or Earth Movement Exclusion LC 216808 07 Residential Construction Operations Exclusion LCU 2504 11 10 Designated Location General Aggregate Limit With Optional Capped Aggregate Limit LCU 04 08 11 10 Professional Health Care Services By Employees Coverage LCU 04091110 Bodily Injury to Co Employee Coverage LC 24 07 08 07 Waiver Of Subrogation CU 21 56 06 06 Auto Exclusion of Terrorism Coverage CuU21621206 Oklahoma Auto Exclusion of Terrorism Coverage Underlying Auto Coverage Excludes Terrorism Above Minimum Statutory Limits CU 21631206 Washington Auto Exclusion of Terrorism Coverage nan nan nan nan 19.0 nan nan nan 20.0 CuU 21631206 nan nan nan nan 21.0 For attachment to TH7 Z91 460737 064 Page 1of 2 | 2 |
nan nan nan nan 1.07201400009e17 CuU 01620108 Cu 21330108 Cu 01820107 Cu 21440107 CuU 01860107 LCuU 00011110 CNI 900701 14 SNI 900211 10 LIL 90 05 06 13 Alaska Certified Acts of Terrorism Exclusion Exclusion of Certified Acts of Terrorism Alaska Conditional Exclusion of Terrorism Relating to Disposition of Federal Terrorism Risk Insurance Act Conditional Exclusion of Terrorism Relating to Disposition of Federal Terrorism Risk Insurance Act Washington Conditional Exclusion Of Terrorism Relating To Disposition Of Federal Terrorism Risk Insurance Act Commercial Liability Umbrella Coverage Form Important Notice Regarding The Expiration Of The Terrorism Risk Insurance Act And The Reduction In Coverage For Terrorism Losses Policy Holder Disclosure TRIA Participating Provision CuU 01620108 Cu 21330108 Cu 01820107 Cu 21440107 nan nan nan nan 26.0 CuU 01860107 SNI 900211 10 LIL 90 05 06 13 Page 20f2 For attachment to TH7 291 460737 064 | 2 |
nan nan nan nan 1.07201400009e17 Endorsement 1 End. Eff. Date Policy Number TH7 291 460737 064 Endorsement 1 Issued by LIBERTY INSURANCE CORPORATION End. Eff. Date THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SILICA EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES 2. Exclusions This insurance does not apply to Silica Any liability damages loss injury demand claim or suit any part of which is caused by or allegedly caused by silica in any form or any substance containing silica either alone or in combination with other substances or factors whether included in a product or otherwise. Page 1 of 1 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted materiat of Insurance Services Office Inc. with its permission. LCU 21181110 | 2 |
nan nan nan nan 1.07201400009e17 Endorsement 2 End. Eff. Date Policy Number TH7 Z91 460737 064 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DAMAGE FIRST OCCURRING PRIOR TO POLCY PERIOD EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES 2. Exclusions This insurance does not apply to Damage First Occurring Prior to Policy Period This insurance does not apply to bodily injury or property damage within the products completed operations hazard if the injury or damage first occurred prior to the effective date of this policy. 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 LCU 21471110 | 2 |
nan nan nan nan 1.0720140000900002e17 Endorsement 3 End. Eff. Date Policy Number TH7 291 460737 064 Endorsement 3 Issued by LIBERTY INSURANCE CORPORATION End. Eff. Date THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FOREIGN LIABILITY LIMITATION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. Paragraph 1.c.2 of SECTION COVERAGES is deleted. The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES 2. Exclusions This insurance does not apply to Foreign Liability Bodily injury property damage or personal and advertising injury caused by an occurrence that takes place outside of the United States of America including its territories and possessions Puerto Rico and Canada. This exclusion does not apply if the bodily injury property damage or personal and advertising injury is covered by underlying insurance. Coverage provided will follow the terms definitions conditions and exclusions of underlying insurance subject to the policy period limits of insurance premium and all other terms definitions conditions and exclusions of this policy except that the coverage provided will be no broader than the coverage provided by underlying insurance. However if coverage for a claim or suit under this policy would violate any economic or trade sanctions of the United States of America including but not limited to sanctions administered and enforced by the United States Treasury Department s Office of Foreign Assets Control OFAC then coverage for that claim or suit will be and void. Page 1 of 1 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. LCU 24091110 | 2 |
nan nan nan nan 1.0720140000900002e17 Endorsement 4 End. Eff. Date Policy Number TH7 291 460737 064 Issued by LIBERTY INSURANCE CORPORATION THE ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NON CUMULATION OF LIABILITY SAME OCCURRENCE This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. The following is added to Paragraph 4. of SECTION lll LIMITS OF INSURANCE If one occurrence causes bodily injury andor property damage during the policy period and during the policy period of one or more prior andor future umbrella or excess liability policyies issued to you by us then this policy s Each Occurrence Limit will be reduced by the amount of each payment made by us under the other policyies because of such occurrence. This paragraph will not apply to insurance specifically written as excess over this policy. If one occurrence causes personal and advertising injury to which this policy applies and to which one or more prior andor future umbrella or excess liability policyies issued to you by us also applies then this policy s Each Occurrence Limit will be reduced by the amount of each payment made by us under the other policyies because of such occurrence. This paragraph will not apply to insurance specifically written as excess over this policy. B. Paragraph 5. of SECTION Il LIMITS OF INSURANCE is replaced by the following The aggregate 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 last preceding period for purposes of determining the aggregate Limits of Insurance. However the Each Occurrence Limit is the most we wili pay for damages because of all bodily injury property damage and personal and advertising injury arising out of any one occurrence regardless of the length of the policy period. LCU 2509 11 10 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
nan nan nan nan 1.0720140000900002e17 Endorsement 5 End. Eff. Date Policy Number TH7 291 460737 064 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CRISIS MANAGEMENT COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART SCHEDULE Crisis Management Expense Aggregate Limit 50000 Liberty Mutual Preferred Public Relations Vendor Weber Shandwick Liberty Mutual Claims 1 800 362 0000 A. The following is added to SECTION COVERAGES COVERAGE CRISIS MANAGEMENT 1. Insuring Agreement We will pay those sums necessary to reimburse you or pay on your behalf crisis management expenses arising from an insured crisis event to which this insurance applies. But a. This insurance applies only if 1 The insured crisis event commences during the policy period 2 The insured crisis event did not arise out of any fact circumstance pre existing condition or situation that you prior to the inception date of this policy knew or reasonably should have known could lead to cause or result in a crisis management event 3 You notify us by telephone at the number listed for Liberty Mutual Claims as shown in the Schedule above within 72 hours of the insured crisis event 4 The crisis management expenses are first incurred within 15 days after the insured crisis event commences 5 The crisis management expenses are not incurred more than 90 days after the commencement of the insured crisis event and 6 A claim for reimbursement of crisis management expenses is submitted within 90 days after incurring such crisis management expenses. LCU 04110112 2012 Liberty Mutual Group of Companies. All rights Page 1 of 5 reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 5 LCU 04110112 | 2 |
nan nan nan nan 1.0720140000900002e17 b. We will have no duty under this Crisis Management Coverage to defend the insured against any suit seeking damages. Payment of any crisis management expenses under the Crisis Management Coverage endorsement is in addition to and will not reduce any other Limits of Insurance under this policy and will not be determinative of our obligations under this policy with respect to any claim or suit including any duty to defend or indemnify any insured for such claim or suit. The amount we will pay is limited as described in Paragraph B. of the Crisis Management Coverage endorsement. 2. Exclusions This coverage does not apply to a. Newly Acquired or Formed Organizations Crisis management expenses incurred by any organization you newly acquire control or form if the crisis management event which led to such crisis management expenses commenced before you acquired controlled or formed such organization. Infectious Diseases or llinesses Crisis management expenses arising out of any infectious diseases or illnesses caused by any bacterium virus or fungus. However this exclusion does not apply to crisis management expenses arising out of food borne ilinesses. Intentional Acts by You Intentional acts by you or your employees provided that such acts were performed with the knowledge that it would directly lead to an insured crisis event. B. SECTION IIi LIMITS OF INSURANCE The Crisis Management Expense Aggregate Limit shown in the Schedule of the Crisis Management Coverage endorsement is the most we will pay for the sum of all crisis management expense to which this endorsement applies regardless of the number of 1. Insureds 2. Insured crisis events 3. Persons or organizations making claims or bringing suits. C. The following is added to SECTION V DEFINITIONS 1. Insured crisis event means an occurrence resulting from a man made emergency situation including but not limited to a. Intentional acts except those committed by you or your employees such as arson a bombing the taking of hostages a mass shooting or terrorism if coverage under the Terrorism Risk Insurance Act is elected under the policy LCU 04110112 2012 Liberty Mutual Group of Companies. All rights Page 2 of 5 reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 2 of 5 | 2 |
nan nan nan nan 1.0720140000900002e17 b. Abuilding structure or equipment collapse not caused by an act of nature c. Anautomobile watercraft or aircraft accident d. Spread of food borne illnesses or e. An explosion that a key executive reasonably believed in good faith has resulted or may result in a. Damages in excess of the retained limit because of bodily injury or property damage to which this insurance applies and b. Significant adverse regional or national media coverage about you. Crisis management expenses a. Means the following reasonable and necessary fees and expenses following an insured crisis event 1 3 5 Expenses incurred directly by our Liberty Mutual Preferred Public Relations Vendor shown in the Schedule for the purpose of maintaining and restoring public confidence in you. Expenses incurred by your own public refations vendor that you currently hold on retainer for providing public relations and media management services but only for those expenses required for the purpose of maintaining and restoring public confidence in you. Expenses incurred directly by your operations for the purpose of maintaining and restoring public confidence in you. These expenses may include printing advertising or mailing of materials to manage reputational risk. Costs of overtime paid to your regular non salaried employees and costs incurred by your employees including costs of transportation and accommodations for the purpose of providing public relations and media services. Expenses you advance to third parties directly harmed by the insured crisis event. These expenses may include funeral psychological or grief counseling temporary living and travel expenses. b. Does not include 2 3 Any damages imposed upon any insured including but not limited to any fine sanction penalty or punitive or exemplary damages plus any equitable injunctive or other non monetary relief. Any expenses you incur in the investigation defense or settlement of a claim or suit for bodily injury property damage or personal and advertising injury arising out of an insured crisis event. The base salaries or wages of any of your employees. Page 3 0of 5 2012 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. LCU 04110112 | 2 |
nan nan nan nan 1.0720140000900002e17 4 Any ransom payment or other expense incurred to meet a demand made to redeem a hostage or captive. 5 Expenses incurred by any public relations or crisis management firm that is not listed as a Liberty Mutual Preferred Public Relations Vendor in the Schedule or that was not held on retainer by the insured at the time of the Crisis Management Event. 6 Any retainers or other contracted fees you paid a professional crisis management firm public relations media relations or similar firm prior to an insured crisis event. 7 Damages arising out of any employment related practices such as refusal to employ termination or any other practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation or discrimination directed at any person. Key executive means a. Chief Executive Officer b. Chief Operating Officer c. Chief Financial Officer d. President e. General Counsel or Chief Legal Officer f. General Partner if you are a partnership or Sole Proprietor if you are a proprietorship g. Any person acting in the same capacity as any position listed in Paragraph a. through e. above and h. Any risk manager responsible for insurance matters or any other lawfully elected or appointed executive officers officials directors trustees or commissioners that is responsible for insurance matters. D. The following is added to SECTION IV CONDITIONS Duties in the Event of a Crisis Management Event 1. In the event you do not have your own public relations or crisis management firm available on retainer and would like to utilize a Liberty Mutua Preferred Public Relations Vendor you must notify both the Liberty Mutual Preferred Public Relations Vendor and Liberty Mutual Claims at the phone numbers listed in the Schedule within 72 hours of a crisis management event. Due to the emergent nature of claims under this coverage there may be circumstances in which expenses are incurred by a Liberty Mutual Preferred Public Vendor prior to our having the opportunity to determine whether those expenses will be covered under this policy. In those circumstances we will reimburse or pay expenses incurred for services from our Liberty Mutual Preferred Public Relations Vendor prior to our making a coverage LCU 04110112 2012 Liberty Mutual Group of Companies. All rights Page 4 of 5 reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
nan nan nan nan 1.0720140000900002e17 determination. We reserve the right to decline expenses incurred after we have informed you that the claim is not covered. In the event you choose to use your own public relations or crisis management vendor that you currently hold on retainer or choose not to use any vendor you must notify Liberty Mutual Claims at the phone number listed in the Schedule within 72 hours of a crisis management event. Additionally you must provide us with written notice as soon as practicable. To the extent possible such written notice should include a. How when and where the crisis management event took place b. The names and addresses of any affected parties and witnesses and c. The nature and location of any injury or damage arising out of the crisis management event. 2012 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 5 of 5 LCU 0411 0112 | 2 |
nan nan nan nan 1.0720140000900002e17 Endorsement 6 End. Eff. Date Policy Number TH7 Z91 460737 064 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED LIMITATION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. Paragraph 2.e of SECTION Il WHO IS AN INSURED is replaced by the following e. Any person or organization included as an additional insured under underlying insurance but not for broader coverage than is provided by the underlying insurance. However 1. The insurance afforded to such additional insured only applies to the extent permitted by law and 2. If coverage provided to the additional insured is required by a contract or agreement the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds the following is added to Section i Limits Of Insurance If coverage provided to the additional insured is required by a contract or agreement the most we will pay on behalf of the additional insured is the minimum amount of insurance 1. Required by the contract or agreement less any amounts payable by any underlying insurance or otherwise retained or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 1 of 1 2013 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. LCU 20011013 | 2 |
nan nan nan nan 1.0720140000900002e17 Policy Number TH7 291 460737 064 Issued by LIBERTY INSURANCE CORPORATION Endorsement 7 End. Eff. Date THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY PERSONAL AND ADVERTISING INJURY EXCLUSION AMENDMENT This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Paragraphs q.2 and 3 of 2. Exclusions of SECTION COVERAGES are replaced by the following 2 Arising out of the oral or written publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity 3 Arising out of the oral or written publication in any manner of material whose content in the same or substantially the same form was published in any manner before the beginning of the policy period Page 1 of 1 LCU21731013 2013 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
nan nan nan nan 1.0720140000900002e17 Endorsement.8 End. Eff. Date Policy Number TH7 291 460737 064 Endorsement.8 Issued by LIBERTY INSURANCE CORPORATION End. Eff. Date THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIQUOR LIABILITY EXCLUSION AMENDMENT This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Exclusion 2.c. of SECTION COVERAGES is replaced by the following 2. Exclusions This insurance does not apply to c. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in a The supervision hiring employment training or monitoring of others by that insured or b Providing or failing to provide transportation with respect to any person that may be under the influence of alcohal if the occurrence which caused the bodily injury or property damage involved that which is described in Paragraph 1 2 or 3 above. This exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. This exclusion does not apply however if the bodily injury or property damage is covered by underlying insurance. Coverage provided will follow the terms definitions conditions and exclusions of underlying insurance subject to the policy period limits of insurance premium and all other terms definitions conditions and exclusions of this policy except that the coverage provided will be no broader than the coverage provided by underlying insurance. We will follow underlying insurance with respect to whether or not permitting a person to bring alcoholic beverages on your premises for consumption on your premises whether or not a fee is charged or a license is required for such activity is by itself considered the business of selling serving or furnishing alcoholic beverages. LCU 21741013 2013 Liberty Mutual Insurance. All rights reserved. Includes Page 1 of 1 copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
nan nan nan nan 1.0720140000900002e17 Endorsement 9 End. Eff. Date Policy Number TH7 Z91 460737 064 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ASBESTOS EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Exclusion 2.s. of SECTION COVERAGES is replaced by the following 2. Exclusions This insurance does not apply to s. Asbestos Any liability damages loss injury demand claim or suit arising out of or caused by or allegedly caused by asbestos either alone or in combination with other substances or factors. Page 1 of 1 2013 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. LCU21781013 | 2 |
nan nan nan nan 1.0720140000900002e17 Endorsement 10 End. Eff. Date Policy Number TH7 291 460737 064 Endorsement 10 Issued by LIBERTY INSURANCE CORPORATION End. Eff. Date THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UNLAWFUL DISCRIMINATION EXCLUSION This endorsement modifies insurance provide under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Exclusion 2.x. of SECTION COVERAGES is replaced by the following 2. Exclusions This insurance does not apply to X. Unlawful Discrimination Any liability damages loss injury demand claim or suit that arises out of unlawful discrimination. Page 1 of 1 LCU 21790114 2014 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
nan nan nan nan 1.0720140000900002e17 Endorsement 11 End. Eff. Date Policy Number TH7 291 460737 064 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEWLY ACQUIRED OR FORMED ORGANIZATION AMENDMENT This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Paragraph 3. of SECTION Il WHO IS AN INSURED is replaced by the following 3. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured under this policy if there is no other similar insurance available to that organization and that organization is a Named Insured under underlying insurance. However a. Coverage under this provision is afforded only until the 90 day after you acquire or form the organization or the end of the policy period whichever is earlier b. Coverage does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and c. Coverage does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. Page 1 of 1 2014 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. LCU 99 07 0114 | 2 |
nan nan nan nan 1.0720140000900002e17 Policy Number TH7 291 460737 064 Issued by LIBERTY INSURANCE CORPORATION Endorsement 12 End. Eff. Date THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYEE BENEFITS LIABILITY COVERAGE LIMITATION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM SCHEDULE Umbreila Retroactive Date 04012008 Underlying Insurance Employee Benefits Liability Coverage Limits of Insurance 1000000 Each Employee j 2000000 Aggregate Retroactive Date 04012008 Insurer LM Insurance Corporation Policy Number TB5 291 460737 024 Policy Period 04012013 to 04012014 A. If the Underlying Insurance listed in the Schedule provides liability coverage for damages because of any act error or omission negligently committed in the administration of employee benefit programs we will follow the terms definitions conditions and exclusions of the Underlying Insurance listed in the Schedule subject to the policy period limits of insurance premium and all other terms definitions conditions and exclusions of this policy except that the coverage provided will not be broader than the coverage provided by the Underlying Insurance listed in the Schedule. Coverage provided under this endorsement is subject to and will reduce the limits of insurance shown in the Declarations. For the purposes of this endorsement the Each Occurrence Limit is the most we will pay for the sum of damages arising out of 1. Anact error or omission or 2. A series of related acts errors or omissions negligently committed in the administration of your employee benefit program. B. This insurance for damages because of any act error or omission negligently committed in the administration of employee benefit programs applies only if 1. The act error or omission did not take place before the Retroactive Date if any listed in the Schedule nor after the end of the policy period and 2. A claim for damages because of an act error or omission is first made against any insured in accordance with Paragraph C. below during the policy period or an Extended Reporting Period we provide under Paragraph E. below. LCU 04041110 2010 Liberty Mutual Group of Companies. Al rights Page 1 of 3 reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 3 | 2 |
nan nan nan nan 1.0720140000900002e17 C. Aclaim seeking damages will be deemed to have been made at the earlier of the following times 1. When notice of such claim is received and recorded by any insured or by us whichever comes first or When settlement is made in accordance with this policy or the Underlying Insurance listed in the Schedule. A claim received and recorded by the insured within 60 days after the end of the policy period will be considered to have been received within the policy period if no subsequent policy is available to cover the claim. You must see to it that we are notified promptly of an act error or omission which may result in a claim. D. All claims for damages made by an employee because of any act error or omission or a series of related acts errors or omissions including damages claimed by such employee s dependents and beneficiaries will be deemed to have been made at the time the first of those claims is made against any insured. E. Extended Reporting Period 1. You will have the right to purchase an Extended Reporting Period as described below if a. This endorsement is canceled or not renewed or b. We renew or replace this endorsement with insurance that 1 Has a Retroactive Date later than the date listed in the Schedule of this endorsement or 2 Does not apply to an act error or omission on a claims made basis. The Extended Reporting Period does not extend the policy period or change the scope of coverage provided. It applies only to claims for acts errors or omissions that were first committed before the end of the policy period but not before the Retroactive Date if any listed in the Schedule. Once in effect the Extended Reporting Period may not be canceled. An Extended Reporting Period of three years is available but only by an endorsement and for an extra charge. You must give us a written request for the endorsement within 60 days after the end of the policy period. The Extended Reporting Period will not go into effect unless you pay the additional premium promptly when due. We will determine the additional premium in accordance with our rules and rates. In doing so we may take into account the following a. The employee benefit programs insured b. Previous types and amounts of insurance c. Limits of insurance available under this endorsement for future payment of damages and Page 2 of 3 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. LCU 04 04 11 10 | 2 |
nan nan nan nan 1.0720140000900003e17 d. Other related factors. The additional premium will not exceed 200 of the annual premium for this endorsement. The Extended Reporting Period endorsement applicable to this coverage shall set forth the terms applicable to the Extended Reporting Period including a provision to the effect that the insurance afforded for claims first received during such period is excess over any other valid and collectible insurance available under policies in force after the Extended Reporting Period starts. 4. The Extended Reporting Period does not reinstate or increase the limits of insurance applicable to any claim to which this endorsement applies. F. For the purposes of this endorsement 1. Administration means a. Providing information to employees including their dependents and beneficiaries with respect to eligibility for or scope of employee benefit programs b. Handling records in connection with the employee benefit program or c. Effecting continuing or terminating any employee s participation in any benefit included in the employee benefit program. However administration does not include handiing payroll deductions. 2. Cafeteria plans means plans authorized by applicable law to allow employees to elect to pay for certain benefits with pre tax dollars. 3. Claim means any demand or suit made by an employee or an employee s dependents and beneficiaries for damages as the result of an act error or omission. 4. Employee benefit program means a program providing some or all of the following benefits to employees whether provided through a cafeteria plan or otherwise a. Group life insurance group accident or health insurance dental vision and hearing plans and flexible spending accounts provided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to those employees who satisfy the plan s eligibility requirements b. Profit sharing plans employee savings plans employee stock ownership plans pension plans and stock subscription plans provided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to all employees who are eligible under the plan for such benefits c. Unemployment insurance social security benefits workers compensation and disability benefits and d. Vacation plans including buy and sell programs leave of absence programs including military maternity family and civil leave tuition assistance plans transportation and health club subsidies. Page 30of 3 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. LCU 0404 11 10 | 2 |
nan nan nan nan 1.0720140000900003e17 THIS ENDORSMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LAND OR EARTH MOVEMENT EXCLUSION This endorsement modiftes insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK This insurance does not apply to bodily injury property damage or personal or advertising injury directly o indirectly caused by arising out of relating to resulting from attributable 10 contributing to or aggravated by any actual or alleged land or carth movement. Land or earth movement means movement in as direction including but not limited to instability rising upheaval expansion settling sinking shrinkage slipping falling away titing caving in eroding shifting in a horizontal or sideways direction mud flow mudslide volcanic eruption or earthquake or any other movement of land or earth regardless of the cause whether manmade or natural. This endorsement 1 exeeuted by the LIBERTY INSURANCE CORPORATION Premum Eiffectve Date Ixpiration Date For attachment to Policy No. TH7 791 460737 064 Audit Basis Issucd To ixpiration Date THT791 460737 064 Countersigned by Sales Office and No. Authorized Representative Find. Sesial No. 13 Issued Page 1 of 1 LC 2164 08 07 | 2 |
nan nan nan nan 1.0720140000900003e17 TH1S ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RESIDENTIAL CONSTRUCTION OPERATIONS EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART This insurance does not apply to bodily injury property damage or personal and advertising injury resulting from residen tial construction operations. If a structure also includes construction that is non residential this exclusion shall not apply to the portion of the construction that is non residential. Injury or damage or any portion thercof otherwise covered under the policy that can not be attributed solely to residential construction shall be covered but only in the same percentage that the non residential portion bears to the entire structure. Residential construction includes but is not limited to construction development renovation fabrication installation assembly or demolition of habitational or residential structures including but not limited to single family housing multi family housing apartments condominiums town homes prsons dormitories motels and hotels. Ihis endorsement is exceuted by the LIBERTY INSURANCI Premium Fffective Date For attachment to Policy No. Audit Basis ssued To Expiration Date TH7 91 460737 064 ORPORATION Expiration Date THT791 460737 064 mr Loy duyy Countersigned by Sales Office and No. End. Serial No. 14 Tssued LC 2168 0807 Page 1 of 1 | 2 |
nan nan nan nan 1.0720140000900003e17 Policy Number TH7 Z91 460737 064 Issued by LIBERTY INSURANCE CORPORATION Endorsement 15 End. Eff. Date THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY DESIGNATED LOCATION GENERAL AGGREGATE LIMIT WITH OPTIONAL CAPPED AGGREGATE LIMIT This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM SCHEDULE Designated Locations Each location owned by leased to or rented to a Named Insured. However this endorsement does not apply for any Occurrence arising from Liquor Liability coverage provided by underlying insurance whether that poficy s limits of insurance have been exhausted or not. Capped Aggregate Limit for Designated Locations 50000000 A. For all sums which the insured becomes legally obligated to pay as damages because of bodily injury or property damage caused by occurrences under SECTION 1 COVERAGES which can be attributed only to ongoing operations at a single designated location listed in the Schedule 1. A separate Designated Location General Aggregate Limit applies to each designated location and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. The Designated Location General Aggregate Limit is the most we will pay for the sum of all damages because of bodily injury or property damage except damages because of bodily injury or property damage included in the products completed operations hazard regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. Any payments made for damages because of bodily injury or property damage shall reduce the Designated Location General Aggregate Limit for that designated location. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Location Aggregate Limit for any other designated location listed in the Schedule. However the Capped Aggregate Limit for Designated Locations listed in the Schedule if any is the most we will pay for all damages because of bodily injury or property damage except damages because of LCU 25041110 2010 Liberty Mutual Group of Companies. All rights Page 1 of 2 reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. apped Aggregate Limit for Designated Locations 50000000 | 2 |
nan nan nan nan 1.0720140000900003e17 bodily injury or property damage included in the products completed operations hazard. 4. The limit shown in the Declarations for Each Occurrence continues to apply. However instead of being subject to the General Aggregate Limit shown in the Declarations such limit will be subject to the applicable Designated Location General Aggregate Limit for each location and the Capped Aggregate Limit for Designated Locations listed in the Schedule if any. B. For all sums which the insured becomes legally obligated to pay as damages because of bodily injury or property damage caused by occurrences which can not be attributed only to ongoing operations at a single designated location listed in the Schedule 1. Any payments made for damages shall reduce the amount available under the General Aggregate Limit or Products Completed Operations Aggregate Limit whichever is applicable and 2. Such payments shall not reduce any Designated Location General Aggregate Limit nor shall they reduce the Capped Aggregate Limit for Designated Locations. C. When coverage for liability arising out of the products completed operations hazard is provided any payments for damages because of bodily injury or property damage included in the products completed operations hazard will reduce the Products Completed Operations Aggregate Limit and not reduce the General Aggregate Limit nor the Designated Location General Aggregate Limit. D. For the purposes of this endorsement Location means premises involving the same or connecting lots or premises whose connection is interrupted only by a street roadway waterway or right of way of a railroad. E. The provisions of SECTION Il LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. F. This endorsement only applies to locations for which a per location aggregate or similar limit applies on the underlying insurance. LCU 25041110 2010 Liberty Mutual Group of Companies. All rights Page 2 of 2 reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
nan nan nan nan 1.0720140000900003e17 Endorsement 16 End. Eff. Date Policy Number TH7 291 460737 064 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PROFESSIONAL HEALTH CARE SERVICES BY EMPLOYEES COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. Paragraph 2.a.1d of SECTION Il WHO IS AN INSURED is replaced by the following d Arising out of his or her providing or failing to provide professional health care services. However any employee of the Named Insured who is a designated health care provider is an insured under this policy with respect to bodily injury and personal and advertising injury i Which arises out of the providing of or failure to provide professional health care services and ii Which occurs in the course of and within the scope of such employee s employment by the Named Insured. B. With respect to employees providing professional health care services the following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES 2. Exclusions This insurance does not apply to Professional Health Care Services by Employees Any bodily injury or personal and advertising injury arising out of 1 Liability assumed under an insured contract or any other contract or agreement 2 Liability arising out of the providing of professional health care services in violation of law 3 Liability arising out of the providing of professional health care services while in any degree under the influence of intoxicants or narcotics 4 Liability arising out of any dishonest fraudulent malicious or knowingly wrongful act or failure to act or 5 Punitive or exemplary damages fines or penalties. Page 1 of 2 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. LCU 04 08 11 10 | 2 |
nan nan nan nan 1.0720140000900003e17 C. The following definition is added to SECTION V DEFINITIONS Designated health care provider means any employee of the Named Insured whose duties include providing professional health care services including but not limited to doctors nurses emergency medical technicians or designated first aid personnel. LCU 04081110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 2 of 2 | 2 |
nan nan nan nan 1.0720140000900003e17 Endorsement 17 End. Eff. Date Policy Number TH7 Z91 460737 064 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BODILY INJURY TO CO EMPLOYEE COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Paragraph 2.a.1a of SECTION Il WHO IS AN INSURED does not apply to bodily injury that is covered by underlying insurance. Coverage will follow the terms definitions conditions and exclusions of underlying insurance subject to the policy period limits of insurance premium and all other terms definitions conditions and exclusions of this policy except that coverage provided will be no broader than the coverage provided by underlying insurance. The insurance provided by this endorsement for bodily injury to a coemployee or volunteer worker will not apply if the injured coemployee s or volunteer worker s sole remedy for such injury is provided under a workers compensation law or any similar law. Page 1 of 1 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. LCU 040911 10 | 2 |
nan nan nan nan 1.0720140000900003e17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition is amended by the addition of the following We waive any right of recovery we may have against any person or organization with whom you have agreed in writing prior 10 an occurrence to waive your rights because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and included in the products completed operations hazard This endarsement is executed by the LIBERTY INSURANCE CORPORATION Premium Effective Date For attachment to Policy No. TH7 791 460737 064 Audit Basis Issued To nnnnnnnnnnnnnn Countersigned by Sales Office and No. Authorized Represcatative End. Serial No. 18 Issued Page1of 1 LC 24 070807 | 2 |
nan nan nan nan 1.0720140000900003e17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO EXCLUSION OF TERRORISM COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. The provisions of this endorsement 1. Apply only to bodily injury or property dam age arising out of the ownership maintenance or use of any auto that is a covered auto under this Coverage Part and 2. Supersede the provisions of any other en dorsement addressing terrorism attached to this Coverage Part only with respect to bodily injury or property damage arising out of the ownership maintenance or use of any auto that is a covered auto. B. The following definitions are added and apply under this endorsement wherever the term terror ism or the phrase any injury or damage are en closed in quotation marks 1. Terrorism means activities against persons organizations or property of any nature a. That involve the following or preparation for the following 1 Use or threat of force or violence or 2 Commission or threat of a dangerous act or 3 Commission or threat of an act that interferes with or disrupts an electronic communication information or mechan ical system and b. When one or both of the following applies 1 The effect is to intimidate or coerce a government or the civilian population or any segment thereof or to disrupt any segment of the economy or It appears that the intent is to intimidate or coerce a government or to further political ideological religious social or economic objectives or to express or express opposition to a philosophy or ideology. 2 2. Any injury or damage means any injury or damage covered under any Coverage Part or underlying insurance to which this endorse ment is applicable and includes but is not lim ited to bodily injury property damage sonal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part or underlying in surance. C. The following exclusion is added EXCLUSION OF TERRORISM We will not pay for any injury or damage caused directly or indirectly by terrorism including action in hindering or defending against an actual or ex pected incident of terrorism. Any injury or dam age is excluded regardless of any other cause or event that contributes concurrently or in any se quence to such injury or damage. But this exclu sion applies only when one or more of the fol lowing are attributed to an incident of terrorism 1. The terrorism is carried out by means of the dispersal or application of radioactive material or through the use of a nuclear weapon or de vice that involves or produces a nuclear reac tion nuclear radiation or radioactive contami nation or 2. Radioactive material is released and it ap pears that one purpose of the terrorism was to release such material or 3. The terrorism is carried out by means of the dispersal or application of pathogenic or poi sonous biological or chemical materials or 4. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials or Page 1 0f2 1SO Properties Inc. 2006 CU 21 56 06 06 | 2 |
nan nan nan nan 1.0720140000900003e17 5. The total of insured damage to all types of property exceeds 25000000. In determining whether the 25000000 threshold is exceed ed we will include all insured damage sus tained by property of all persons and entities affected by the terrorism and business inter ruption losses sustained by owners or occu pants of the damaged property. For the pur pose of this provision insured damage means damage that is covered by any insurance plus damage that would be covered by any insur ance but for the application of any terrorism exclusions or 6. Fifty or more persons sustain death or serious physical injury. For the purposes of this provi sion serious physical injury means a. Physical injury that involves a substantial risk of death or b. Protracted and obvious physical disfigure ment or c. Protracted loss of or impairment of the function of a bodily member or organ. Multiple incidents of terrorism which occur within a 72 hour period and appear to be carried out in concert or to have a related purpose or common leadership will be deemed to be one incident for the purpose of determining whether the thresholds in Paragraphs C.5. or C.6. are exceeded. With respect to this Exclusion Paragraphs C.5. and C.6. describe the threshold used to measure the magnitude of an incident of terrorism and the circumstances in which the threshold will apply for the purpose of determining whether this Exclusion will apply to that incident. When the Exclusion ap plies to an incident of terrorism there is no cov erage under this Coverage Part. In the event of any incident of terrorism that is not subject to this Exclusion coverage does not apply to any injury or damage that is otherwise excluded under this Coverage Part. This endorsement is executed by the LIBERTY INSURANCE CORPORATION Premium Effective Date Expiration Date For attachment to Policy No. TH7 291 460737 064 Audit Basis issued To Countersigned by Sales Office and No. End. Serial No. 19 Issued CU 21 56 06 06 Page 2 of 2 ISO Properties Inc. 2006 | 2 |
nan nan nan nan 1.0720140000900003e17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OKLAHOMA AUTO EXCLUSION OF TERRORISM COVERAGE UNDERLYING AUTO COVERAGE EXCLUDES TERRORISM ABOVE MINIMUM STATUTORY LIMITS This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. The underlying Commercial Auto policy excludes coverage for terrorism with respect to 1. Liability and Personal Injury Protection Cover age and only to the extent that the limit of such coverage exceeds the state compulsory or fi nancial responsibility law minimum limits for each coverage and. Uninsured andor Underinsured Motorists Cov erage and only to the extent that the limit of such coverage exceeds the minimum statutory permitted limits for Uninsured andor Underin sured Motorists Coverage. Those limits are equat to the minimum limits permitted for Liabil ity Coverage. B. The provisions of Sections B. through D. of this endorsement 1. Apply only to bodily injury or property dam age arising out of the ownership maintenance or use of any auto that is a covered auto under this Coverage Part and Supersede the provisions of any other en dorsement addressing terrorism attached to this Coverage Part only with respect to bodily injury or property damage arising out of the ownership maintenance or use of any auto that is a covered auto. C. The following definitions are added and apply under this endorsement wherever the term terror ism or the phrase any injury or damage are en closed in quotation marks 1. Terrorism means activities against persons organizations or property of any nature a. That involve the following or preparation for the following 1 Use or threat of force or violence or 2 Commission or threat of a dangerous act or 3 Commission or threat of an act that interferes with or disrupts an electronic communication information or mechan ical system and b. When one or both of the following applies 1 The effect is to intimidate or coerce a government or the civilian population or any segment thereof or to disrupt any segment of the economy or 2 It appears that the intent is to intimidate or coerce a government or to further political ideological religious social or economic objectives or to express or express opposition to a philosophy or ideology. Page 1 0f 2 ISO Properties Inc. 2006 CU 21621206 | 2 |
nan nan nan nan 1.0720140000900003e17 2. Any injury or damage means any injury or damage covered under any Coverage Part or underlying insurance to which this endorse ment is applicable and includes but is not lim ited to bodily injury property damage per sonal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part or underlying in surance. D. The following exclusion is added EXCLUSION OF TERRORISM We will not pay for any injury or damage caused directly or indirectly by terrorism including action in hindering or defending against an actual or ex pected incident of terrorism. Any injury or dam age is excluded regardless of any other cause or event that contributes concurrently or in any se quence to such injury or damage. But this exclu sion applies only when one or more of the fol lowing are attributed to an incident of terrorism 1. The terrorism is carried out by means of the dispersal or application of radioactive material or through the use of a nuclear weapon or de vice that involves or produces a nuclear reac tion nuclear radiation or radioactive contami nation or 2. Radioactive material is released and it ap pears that one purpose of the terrorism was to release such material or 3. The terrorism is carried out by means of the dispersal or application of pathogenic or poi sonous biological or chemical materials or 4. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials or This endorsement is exceuted by the LIBERTY INSURANGIE CORPORATION Premium iffective Date lixpiration Date For attachment to Policy No 791 460737 064 Audit Basis Issucd To 5. The total of insured damage to all types of property exceeds 25000000. In determining whether the 25000000 threshold is exceed ed we will include all insured damage sus tained by property of all persons and entities affected by the terrorism and business inter ruption losses sustained by owners or occu pants of the damaged property. For the pur pose of this provision insured damage means damage that is covered by any insurance plus damage that would be covered by any insur ance but for the application of any terrorism exclusions or 6. Fifty or more persons sustain death or serious physical injury. For the purposes of this provi sion serious physical injury means a. Physical injury that involves a substantial risk of death b. Protracted and obvious physical disfigure ment or c. Protracted loss of or impairment of the function of a bodily member or organ. Multiple incidents of terrorism which occur within a 72 hour period and appear to be carried out in concert or to have a related purpose or common leadership will be deemed to be one incident for the purpose of determining whether the thresholds in Paragraph D.5. or D.6. are exceeded. With respect to this Exclusion Paragraphs D.5. and D.6. describe the threshold used to measure the magnitude of an incident of terrorism and the circumstances in which the threshold will apply for the purpose of determining whether this Exclusion will apply to that incident. When the Exclusion ap plies to an incident of terrorism there is no cov erage under this Coverage Part. In the event of any incident of terrorism that is not subject to this Exclusion coverage does not apply to any injury or damage that is otherwise excluded under this Coverage Part. 2. Any injury or damage means any injury or damage covered under any Coverage Part or underlying insurance to which this endorse ment is applicable and includes but is not lim ited to bodily injury property damage per sonal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part or underlying in surance. D. The following exclusion is added EXCLUSION OF TERRORISM We will not pay for any injury or damage caused directly or indirectly by terrorism including action in hindering or defending against an actual or ex pected incident of terrorism. Any injury or dam age is excluded regardless of any other cause or event that contributes concurrently or in any se quence to such injury or damage. But this exclu sion applies only when one or more of the fol lowing are attributed to an incident of terrorism 1. The terrorism is carried out by means of the dispersal or application of radioactive material or through the use of a nuclear weapon or de vice that involves or produces a nuclear reac tion nuclear radiation or radioactive contami nation or 2. Radioactive material is released and it ap pears that one purpose of the terrorism was to release such material or 3. The terrorism is carried out by means of the dispersal or application of pathogenic or poi sonous biological or chemical materials or 4. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials or lixpiration Date TH7 791 460737 064 Countersigned by Sales Offficc and No. Authorized Representaiive End. Scral No. 20 Issucd CU 21621206 iSO Properties Inc. 2006 Page 2 of 2 | 2 |
nan nan nan nan 1.0720140000900003e17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON AUTO EXCLUSION OF TERRORISM COVERAGE COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. The provisions of this endorsement 1. Apply only to bodily injury or property dam age arising out of the ownership maintenance or use of any auto that is a covered auto under this Coverage Part and 2. Supersede the provisions of any other en dorsement addressing terrorism attached to this Coverage Part only with respect to bodily injury or property damage arising out of the ownership maintenance or use of any auto that is a covered auto. B. The following definitions are added and apply under this endorsement wherever the term terror ism or the phrase any injury or damage are en closed in quotation marks 1. Terrorism means activities against persons organizations or property of any nature a. That involve the following or preparation for the following 1 Use or threat of force or violence or 2 Commission or threat of a dangerous act or 3 Commission or threat of an act that interferes with or disrupts an electronic communication information or mechan ical system and b. When one or both of the following applies 1 The effect is to intimidate or coerce a government or the civilian population or any segment thereof or to disrupt any segment of the economy or It appears that the intent is to intimidate or coerce a government or to further political ideological religious social or economic objectives or to express or express opposition to a philosophy or ideology. 2 This endorsement modifies insurance provided under the following 2. Any injury or damage means any injury or damage covered under any Coverage Part or underlying insurance to which this endorse ment is applicable and includes but is not lim ited to bodily injury roperty damage per sonal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part or underlying in surance. C. The following exclusion is added EXCLUSION OF TERRORISM We will not pay for any injury or damage caused directly or indirectly by terrorism including action in hindering or defending against an actual or ex pected incident of terrorism. But this Exclusion applies only when one or more of the following are attributed to an incident of terrorism 1. The terrorism is carried out by means of the dispersal or application of radioactive material or through the use of a nuclear weapon or de vice that involves or produces a nuclear reac tion nuclear radiation or radioactive contami nation or 2. Radioactive material is released and it ap pears that one purpose of the terrorism was to release such material or 3. The terrorism is carried out by means of the dispersal or application of pathogenic or poi sonous biological or chemical materials or 4. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials or CU21631206 IS0 Properties Inc. 2006 Page 1 of 2 | 2 |
nan nan nan nan 1.0720140000900003e17 5. The total of insured damage to all types of property exceeds 25000000. in determining whether the 25000000 threshold is exceed ed we will include all insured damage sus tained by property of all persons and entities affected by the terrorism and business inter ruption losses sustained by owners or occu pants of the damaged property. For the pur pose of this provision insured damage means damage that is covered by any insurance plus damage that would be covered by any insur ance but for the application of any terrorism exclusions or 6. Fifty or more persons sustain death or serious physical injury. For the purposes of this provi sion serious physical injury means a. Physical injury that involves a substantial risk of death or b. Protracted and obvious physical disfigure ment or c. Protracted loss of or impairment of the function of a bodily member or organ. Multiple incidents of terrorism which occur within a 72 hour period and appear to be carried out in concert or to have a related purpose or common leadership will be deemed to be one incident for the purpose of determining whether the thresholds in Paragraph C.5. or C.6. are exceeded. With respect to this Exclusion Paragraphs C.5. and C.6. describe the threshold used to measure the magnitude of an incident of terrorism and the circumstances in which the threshold will apply for the purpose of determining whether this Exclusion will apply to that incident. When the Exclusion ap plies to an incident of terrorism there is no cov erage under this Coverage Part. In the event of any incident of terrorism that is not subject to this Exclusion coverage does not apply to any injury or damage that is otherwise excluded under this Coverage Part. This endossement is executed by the LIBERTY INSURANCE CORPORATION Premium Effective Date For attachment to Policy No. TH7 791 460737 064 Audit Basis Issued To ixpiration Date THT791 460737 064 Countersigned by Sales Offfice and No. Authorized Represeniative lind. Serial No. 21 Issued CU 21631206 ISO Properties Inc. 2006 Page 2 of 2 | 2 |
nan nan nan nan 1.0720140000900003e17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ALASKA EXCLUSION OF CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. The following exclusion is added 2. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in This insurance not apply to does 1ad concurrence with the Secretary of State and TERRORISM the Attorney General of the United States to Any injury or damage arising out of a certified be an act of terrorism pursuant to the federal act of terrorism. Terrorism Risk Insurance Act. The criteria con tained in the Terrorism Risk Insurance Act fora certified act of terrorism include the following a. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terror ism Risk Insurance Act and B. The following definitions are added 1. For the purposes of this endorsement any injury or damage means any injury or damage covered under any Coverage Part or underly ing insurance to which this endorsement is ap plicable and includes but is not limited to bodily injury property damage personal b. The act is a violent act or an act that is and advertising injury injury or environmen dangerous to human life property or infra tal damage as may be defined in any applica structure and is committed by an individual ble Coverage Part or underlying insurance. or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the con duct of the United States Government by coercion. This endorsement is exceuted by the LIBERTY INSURANCE CORPORATION Premium Effeeuve Date Gxpiration Date fior attachment to Pobey No. TH7 291 460737.064 Audit Basis Issued To Countersigned by Sales Office and No. Issued Page 1 of 1 ISO Properties Inc. 2007 CU 01620108 | 2 |
nan nan nan nan 1.0720140000900003e17 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. The following exclusion is added This insurance does not apply to TERRORISM Any injury or damage arising directly or indirect ly out of a certified act of terrorism. B. The following definitions are added 1. For the purposes of this endorsement any injury or damage means any injury or damage covered under any Coverage Part or underly ing insurance to which this endorsement is ap plicable and includes but is not limited to bodily injury property damage personal and advertising injury injury or environmen tal damage as may be defined in any applica ble Coverage Part or underlying insurance. 2. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act. The criteria con tained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following a. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terror ism Risk Insurance Act and b. The act is a violent act or an act that is dangerous to human life property or infra structure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the con duct of the United States Government by coercion. Ihis endorsement is exceuted by the LIBERTY INSURANCE CORPORATION Premium fiffective Date Epiration Date For attachment o Poliey No. THT791 460737 064 Audit Basis Issued To Countersigned by Sales Office and No. T Authorized Representative Find. Scrial No. 23 Issued Page 1 of 1 1SO Properties Inc. 2007 CU 21330108 | 2 |
nan nan nan nan 1.0720140000900005e17 COMMERCIAL LIABILITY UMBRELLA CuU 01820107 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ALASKA CONDITIONAL EXCLUSION OF TERRORISM RELATING TO DISPOSITION OF FEDERAL TERRORISM RISK INSURANCE ACT This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART 2. If the provisions of this endorsement be come applicable such provisions a. Supersede any terrorism endorsement A. Applicability Of The Provisions Of This Endorsement 1. The provisions of this endorsement be come applicable commencing on the date when any one or more of the following first occurs. But if your policy meaning the pol icy period in which this endorsement ap plies begins after such date then the pro visions of this endorsement become applicable on the date your policy begins. a. The federal Terrorism Risk Insurance Program Program established by the Terrorism Risk Insurance Act has ter minated with respect to the type of in surance provided under this Coverage Part or b. A renewal extension or replacement of the Program has become effective with out a requirement to make terrorism coverage available to you and with revi sions that 1 Increase our statutory percentage deductible under the Program for ter rorism losses. That deductible de termines the amount of all certified terrorism losses we must pay in a calendar year before the federal government shares in subsequent payment of certified terrorism loss already endorsed to this policy that ad dresses certified acts of terrorism andor other acts of terrorism but only with respect to an incidents of terror ism however defined which results in injury or damage that occurs on or after the date when the provisions of this en dorsement become applicable for claims made policies such an endorse ment is superseded only with respect to an incident of terrorism however de fined that results in a claim for injury or damage first being made on or after the date when the provisions of this en dorsement become applicable and b. Remain applicable unless we notify you of changes in these provisions in re sponse to federal law.. If the provisions of this endorsement do NOT become applicable any terrorism en dorsement already endorsed to this policy that addresses certified acts of terrorism andor other acts of terrorism will con tinue in effect unless we notify you of changes to that endorsement in response to federal law. es. or B. The following definitions are added and apply 2 Decrease the federal government s under this endorsement wherever the term terror statutory percentage share in poten ism or the phrgse any injury or damage are en tial terrorism losses above such de closed in quotation marks ductible or 1. Terrorism means activities against persons Redefine terrorism or make insur organizations or property of any nature ance coverage for terrorism subject a. That involve the following or preparation for to provisions or requirements that the following differ from those that apply to other 1 Use or threat of force or violence or types of events or occurrences under L this policy. 2 Commission or threat of a dangerous act or 3 Page 1 0of 3 w ISO Properties Inc. 2005 CU 01820107 | 2 |
nan nan nan nan 1.0720140000900005e17 3 Commission or threat of an act that interferes with or disrupts an electronic communication information or mechan ical system and b. When one or both of the following applies 1 The effect is to intimidate or coerce a government or the civilian population or any segment thereof or to disrupt any segment of the economy or 2 It appears that the intent is to intimidate or coerce a government or to further political ideological religious social or economic objectives or to express or express opposition to a philosophy or ideology. 2. Any injury or damage means any injury or damage covered under any Coverage Part or underlying insurance to which this endorse ment is applicable and includes but is lim ited to bodily injury property damag per sonal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part or underlying in surance. C. The following exclusion is added EXCLUSION OF TERRORISM We will not pay for any injury or damage caused by terrorism including action in hindering or de fending against an actual or expected incident of terrorism. But this exclusion applies only when one or more of the following are attribut ed to an incident of terrorism 1. The terrorism is carried out by means of the dispersal or application of radioactive material or through the use of a nuclear weapon or de vice that involves or produces a nuclear reac tion nuclear radiation or radioactive contami nation or 2. Radioactive material is released and it ap pears that one purpose of the terrorism was to release such material or 3. The terrorism is carried out by means of the dispersal or application of pathogenic or poi sonous biological or chemical materials or 4. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials or 5. The total of insured damage to all types of property exceeds 25000000. In determining whether the 25000000 threshold is exceed ed we will include all insured damage sus tained by property of all persons and entities affected by the terrorism and business inter ruption losses sustained by owners or occu pants of the damaged property. For the pur pose of this provision insured damage means damage that is covered by any insurance plus damage that would be covered by any insur ance but for the application of any terrorism exclusions or 6. Fifty or more persons sustain death or serious physical injury. For the purposes of this provi sion serious physical injury means a. Physical injury that involves a substantial risk of death or b. Protracted and obvious physical disfigure ment or c. Protracted loss of or impairment of the function of a bodily member or organ. Multiple incidents of terrorism which occur within a 72 hour period and appear to be carried out in concert or to have a related purpose or common leadership will be deemed to be one incident for the purpose of determining whether the thresholds in Paragraphs C.5. or C.6. are exceeded. Page 20of 3 1SO Properties Inc. 2005 CU 01820107 o | 2 |
nan nan nan nan 1.0720140000900005e17 With respect to this Exclusion Paragraphs C.5. and C.6. describe the threshold used to measure the magnitude of an incident of terrorism and the circumstances in which the threshold will apply for the purpose of determining whether this Exclusion will apply to that incident. When the Exclusion ap plies to an incident of terrorism there is no cov erage under this Coverage Part. In the event of any incident of terrorism that is not subject to this Exclusion coverage does not apply to any injury or damage that is otherwise excluded under this Coverage Part. This endorsement is executed by the LIBERTY INSURANCE CORPORATION Premium Effective Date Expiration Date For attachment to Policy No. TH7 291 460737 064 Audit Basis Issued To Countersigned by Authorized Representafive sales Office and No. End. Serial No. 24 Issued CuU 01820107 1SO Properties Inc. 2004 Page 30of 3 o | 2 |
nan nan nan nan 1.0720140000900005e17 COMMERCIAL LIABILITY UMBRELLA CU 21440107 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONDITIONAL EXCLUSION OF TERRORISM RELATING TO DISPOSITION OF FEDERAL TERRORISM RISK INSURANCE ACT This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. Applicability Of The Provisions Of This 2. If the provisions of this endorsement be Endorsement come applicable such provisions 1. The provisions of this endorsement be a. Supersede any terrorism endorsement come applicable commencing on the date already endorsed to this policy that ad when any one or more of the following first dresses certified acts of terrorism occurs. But if your policy meaning the pol andor other acts of terrorism but only icy period in which this endorsement ap with respect to an incidents of terror plies begins after such date then the pro ism however defined which results in visions of this endorsement become injury or damage that occurs on or after applicable on the date your policy begins. the date when the provisions of this en dorsement become applicable for claims made policies such an endorse ment is superseded only with respect to an incident of terrorism however de fined that results in a claim for injury or a. The federal Terrorism Risk Insurance Program Program established by the Terrorism Risk Insurance Act has ter minated with respect to the type of in surance provided under this Coverage Part or damage first being made on or after the N. date when the provisions of this en b. A renewal extension or replacement of dorsement become applicable and the Program has become effective with out a requirement to make terrorism coverage available to you and with revi sions that 1 Increase our statutory percentage deductible under the Program for ter rorism losses. That deductible de termines the amount of all certified terrorism losses we must pay in a calendar year before the federal b. Remain applicable unless we notify you of changes in these provisions in re sponse to federal law. 3. If the provisions of this endorsement do NOT become applicable any terrorism en dorsement already endorsed to this policy that addresses certified acts of terrorism andor other acts of terrorism will con tinue in effect unless we notify you of government shares in subsequent changes to that endorsement in response payment of certified terrorism loss to federal law. es. or B. The following definitions are added and apply under this endorsement wherever the term terror 2 Decrease the federal government s h W statutory percentage share in poten ism or the phrase any injury or damage are en tial terrorism losses above such de closed in quotation marks ductible or 1. Terrorism means activities against persons 3 Redefine terrorism or make insur organizations or property of any nature ance coverage for terrorism subject to provisions or requirements that differ from those that apply to other types of events or occurrences under this policy. I1SO Properties Inc. 2005 CuU 21440107 Page 10f 3 a | 2 |
nan nan nan nan 1.0720140000900005e17 3. The terrorism is carried out by means of the dispersal or application of pathogenic or poi sonous biological or chemical materials or 4. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials or 5. The total of insured damage to all types of property exceeds 25000000. In determining whether the 25000000 threshold is exceed ed we will include all insured damage sus tained by property of all persons and entities affected by the terrorism and business inter ruption losses sustained by owners or occu pants of the damaged property. For the pur pose of this provision insured damage means damage that is covered by any insurance plus damage that would be covered by any insur ance but for the application of any terrorism exclusions or 6. Fifty or more persons sustain death or serious physical injury. For the purposes of this provi sion serious physical injury means a. Physical injury that involves a substantial risk of death or b. Protracted and obvious physical disfigure ment or c. Protracted loss of or impairment of the function of a bodily member or organ. Multiple incidents of terrorism which occur within a 72 hour period and appear to be carried out in concert or to have a related purpose or common leadership will be deemed to be one incident for the purpose of determining whether the thresholds in Paragraphs C.5. or C.6. are exceeded. a. That involve the following or preparation for the following 1 Use or threat of force or violence or 2 Commission or threat of a dangerous act or 3 Commission or threat of an act that interferes with or disrupts an electronic communication information or mechan ical system and b. When one or both of the following applies 1 The effect is to intimidate or coerce a government or the civilian population or any segment thereof or to disrupt any segment of the economy or It appears that the intent is to intimidate or coerce a government or to further political ideological religious social or economic objectives or to express or express opposition to a philosophy or ideology. 2. Any injury or damage means any injury or damage covered under any Coverage Part or underlying insurance to which this endorse ment is applicable and includes but is not lim ited to bodily inju property damage per sonal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part or underlying in surance. C. The following exclusion is added EXCLUSION OF TERRORISM We will not pay for any injury or damage caused directly or indirectly by terrorism including action in hindering or defending against an actual or ex pected incident of terrorism. Any injury or dam age is excluded regardless of any other cause or event that contributes concurrently or in any se quence to such injury or damage. But this exclu sion applies only when one or more of the fol lowing are attributed to an incident of terrorism 1. The terrorism is carried out by means of the dispersal or application of radioactive material or through the use of a nuclear weapon or de vice that involves or produces a nuclear reac tion nuclear radiation or radioactive contami nation or 2. Radioactive material is released and it ap pears that one purpose of the terrorism was to release such material or 2 CU 21440107 o ISO Properties Inc. 2005 Page 2 of 3 | 2 |
nan nan nan nan 1.0720140000900005e17 With respect to this Exclusion Paragraphs C.5. and C.8. describe the threshold used to measure the magnitude of an incident of terrorism and the circumstances in which the threshold will apply for the purpose of determining whether this Exclusion will apply to that incident. When the Exclusion ap plies to an incident of terrorism there is no cov erage under this Coverage Part. In the event of any incident of terrorism that is not subject to this Exclusion coverage does not apply to any injury or damage that is otherwise excluded under this Coverage Part. This endorsement is executed by the LIBERTY INSURANCE CORPORATION Premium Effective Date Expiration Date For attachment to Policy No. TH7 291 460737 064 Audit Basis Issued To Countersigned by Authorized Representative Sales Office and No. End. Senal No. 25 Issued CU 21440107 Page 30of 3 o ISO Properties Inc. 2004 | 2 |
nan nan nan nan 1.0720140000900005e17 COMMERCIAL LIABILITY UMBRELLA Cu 01860107 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON CONDITIONAL EXCLUSION OF TERRORISM RELATING TO DISPOSITION OF FEDERAL TERRORISM RISK INSURANCE ACT This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. Applicability Of The Provisions Of This 2. If the provisions of this endorsement be Endorsement come applicable such provisions 1. The provisions of this endorsement be a. Supersede any terrorism endorsement come applicable commencing on the date already endorsed to this policy that ad when any one or more of the following first dresses certified acts of terrorism occurs. But if your policy meaning the pol andor other acts of terrorism but only icy period in which this endorsement ap with respect to an incidents of terror s begins after such date then the pro ism however defined which results in visions of this endorsement become injury or damage that occurs on or after applicable on the date your policy begins. the date when the provisions of this en a. The federal Terrorism Risk Insurance dorsement become applicable for Program Program established by the clanmg made policies such. an endorse Terrorism Risk Insurance Act has ter ment is superseded only with respect to minated with respect to the type of in an incident of terrorism however de surance provided under this Coverage fined that results in a claim for injury or Part or damage first being made on or after the. date when the provisions of this en b. A renewal extension or replacement of dorsement become applicable and the Program has become effective with out a requirement to make terrorism coverage available to you and with revi sions that 1 Increase our statutory percentage deductible under the Program for ter rorism losses. That deductible de termines the amount of all certified terrorism losses we must pay in a calendar year before the federal b. Remain applicable unless we notify you of changes in these provisions in re sponse to federal law. 3. If the provisions of this endorsement do NOT become applicable any terrorism en dorsement already endorsed to this policy that addresses certified acts of terrorism andor other acts of terrorism will con tinue in effect unless we notify you of government shares in subsequent changes to that endorsement in response payment of certified terrorism loss to federal law. es. or B. The following definitions are added and apply 2 Decrease the federal government s under this endorsement wherever the term terror statutory percentage share in poten ism or the phrase any injury or damage are en tial terrorism losses above such de closed in quotation marks ductible or 1. Terrorism means activities against persons organizations or property of any nature 3 Redefine terrorism or make insur ance coverage for terrorism subject a. That involve the following or preparation for to provisions or requirements that the following differ from those that apply to other 1 Use or threat of force or violence or types of events or occurrences under this policy. 2 Commission or threat of a dangerous act or Page 1 of 3 o ISO Properties Inc. 2005 CuU 01860107 | 2 |
nan nan nan nan 1.0720140000900005e17 4. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials or 5. The total of insured damage to all types of property exceeds 25000000. In determining whether the 25000000 threshold is exceed ed we will include all insured damage sus tained by property of all persons and entities affected by the terrorism and business inter ruption losses sustained by owners or occu pants of the damaged property. For the pur pose of this provision insured damage means damage that is covered by any insurance plus damage that would be covered by any insur ance but for the application of any terrorism exclusions or 6. Fifty or more persons sustain death or serious physical injury. For the purposes of this provi sion serious physical injury means a. Physical injury that involves a substantial risk of death or b. Protracted and obvious physical disfigure ment or c. Protracted loss of or impairment of the function of a bodily member or organ. Multiple incidents of terrorism which occur within a 72 hour period and appear to be carried out in concert or to have a related purpose or common leadership will be deemed to be one incident for the purpose of determining whether the thresholds in Paragraphs C.5. or C.6. are exceeded. 3 Commission or threat of an act that interferes with or disrupts an electronic communication information or mechan ical system and b. When one or both of the following applies 1 The effect is to intimidate or coerce a government or the civilian population or any segment thereof or to disrupt any segment of the economy or It appears that the intent is to intimidate or coerce a government or to further political ideological religious social or economic objectives or to express or express opposition to a philosophy or ideology. 2. Any injury or damage means any injury or damage covered under any Coverage Part or underlying insurance to which this endorse ment is applicable a d includes but is i ited to bodily inju roperty damag sonal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part or underlying in surance. C. The following exclusion is added EXCLUSION OF TERRORISM We will not pay for any injury or damage caused directly or indirectly by terrorism including action in hindering or defending against an actual or ex pected incident of terrorism. But this exclusion applies only when one or more of the following are attributed to an incident of terrorism 2 1. The terrorism is carried out by means of the dispersal or application of radioactive material or through the use of a nuclear weapon or de vice that involves or produces a nuclear reac tion nuclear radiation or radioactive contami nation or 2. Radioactive material is released and it ap pears that one purpose of the terrorism was to release such material or 3. The terrorism is carried out by means of the dispersal or application of pathogenic or poi sonous biological or chemical materials or CU 01860107 o 1SO Properties Inc. 2005 Page2of3 | 2 |
nan nan nan nan 1.0720140000900005e17 With respect to this Exclusion Paragraphs C.5. and C.6. describe the threshold used to measure the magnitude of an incident of terrorism and the circumstances in which the threshold will apply for the purpose of determining whether this Exclusion will apply to that incident. When the Exclusion ap plies to an incident of terrorism there is no cov erage under this Coverage Part. In the event of any incident of terrorism that is not subject to this Exclusion coverage does not apply to any injury or damage that is otherwise excluded under this Coverage Part. This endorsement is executed by the LIBERTY INSURANCE CORPORATION Premium Effective Date Expiration Date For attachment to Policy No. TH7 291 460737 064 Audit Basis Issued To Countersigned by Autharized Representative Sales Office and No. End. Serial No. 26 Issued Page 30of 3 o ISO Properties Inc. 2004 Cu 0186 0107 | 2 |
nan nan nan nan 1.0720140000900005e17 COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Various provisions in this policy restrict coverage..Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. First Named Insured means the person or organization shown as the Named Insured in the Declarations or if more than one name appears the Named Insured fisted first in the Declarations. The words we us and our refer to the Company providing this insurance. The word insured means any person or organization qualifying as such under SECTION Il WHO IS AN INSURED. Other words and phrases that appear in quotation marks have special meaning. If not defined in the section in which they first appear refer to SECTION V DEFINITIONS. SECTION COVERAGES 1. Insuring Agreement a. We will pay those sums in excess of the retained limit that the insured becomes legally obligated to pay as damages because of 1 Bodily injury 2 Property damage or 3 Personal and advertising injury to which this insurance applies. The amount we will pay for damages is limited as described in SECTION IIl LIMITS OF INSURANCE. b. We will have the right and duty to defend any suit seeking damages covered by this insurance by counsel of our choice when 1 The total applicable limits of underlying insurance have been exhausted by payment of judgments or settlements or 2 The damages sought because of bodily injury property damage or personal and advertising injury to which this insurance applies would not be covered by underlying insurance or other insurance. However we have no duty to defend any suit if any other insurer has a duty to defend all or a portion of that suit. Our right and duty to defend any suit including any suit which is pending at the time of exhaustion end when we have exhausted the applicable limit of insurance of this policy in the payment of judgments or settlements. We may at our discretion investigate any occurrence and settle part or all of any claim or suit that may result. We have the right but not the duty at our expense to defend any suit or to retain an attorney to associate with the insured or any counse for the purpose of defending any claim or suit LCU 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 30 | 0 |
nan nan nan nan 1.0720140000900005e17 which we are not obligated to defend but which in our opinion may require payment under this policy. The insured at our request will assist us and cooperate fully in the handling and defense of all claims or suits and in enforcing all rights to salvage contribution subrogation or indemnity that may affect our obligations under this policy. If we have a duty to defend a claim or suit but can not legally do so in the country in which the claim is made or the suit is brought you agree to investigate and defend the claim or suit. You may also settle the claim or suit but only with our prior written consent. Subject to the applicable limits of insurance we will reimburse the insured for our share of any damages or settiement in excess of the retained limit. We will reimburse the insured for our share of the reasonable costs of such investigation and defense. This insurance applies only if 1 The bodily injury or property damage occurs during the policy period or the personal and advertising injury is caused by an offense arising out of your business during the policy period The bodil ury property damage or personal and advertising injury is caused by an occumrence that takes place anywhere in the world. However if coverage for a claim or suit under this policy would violate any economic or trade sanctions of the United States of America inciuding but not limited to sanctions administered and enforced by the United States Treasury Department s Office of Foreign Assets Control OFAC then coverage for that claim or suit will be and void and 2 Prior to the policy period no insured listed under Paragraph 1. of SECTION il WHO IS AN INSURED and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. 3 Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of SECTION Il WHO IS AN INSURED or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of such bodily injury or property damage to us or any other insurer 2 Receives a written or oral demand or claim for damages because of such bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property dam age has occurred or has begun to occur. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage had occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. Bodily injury or property damage which occurs during the policy period and which was not prior to the policy period known to have occurred or to have begun to occur by any insured listed under Paragraph 1. of SECTION 1l WHO IS AN INSURED or any employee authorized by you to give or receive notice of an occurrence or claim inciudes any continuation change or LCU 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 2 of 30 | 1 |
nan nan nan nan 1.0720140000900005e17 resumption of that bodily injury or property damage after the end of the policy period. As used in.3 d. and e. above an insured listed under Paragraph 1. of SECTION Il WHO IS AN INSURED does not include a stockholder who is not otherwise an insured. Exclusions This insurance does not apply to a. Expected or Intended Injury Bodily injury or property damage arising out of an act that 1 is intended by the insured or 2 Would be expected from the standpoint of a reasonable person in the circumstances of the insured. to cause bodily injury or property damage even if the actual bodily injury or property damage is of a different degree or type than intended or expected. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. b. Contractual Liability Any obligation of the insured by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Because of bodily injury or property damage assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and b Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person LCU 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 3 of 30 | 1 |
nan nan nan nan 1.0720140000900005e17 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. This exclusion does not apply however if the bodily injury or property damage is covered by underlying insurance. Coverage provided will follow the terms definitions conditions and exclusions of underlying insurance subject to the policy period limits of insurance premium and all other terms definitions conditions and exclusions of this policy except that the coverage provided will be no broader than the coverage provided by underlying insurance. Workers Compensation and Similar Laws Any obligation of the insured under a workers compensation law disability benefits law unemployment compensation law or any similar taw. ERILS.A. Any obligation of the insured under the Employees Retirement Income Security Act E.R.. S.A and any amendments thereto or any similar federal state or local statute. Auto Coverages 1 Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others including the supervision hiring employment training or monitoring of others by the insured of any auto. Use includes operation and loading or unloading. This exclusion does not apply however if the bodily injury or property damage is covered by underlying insurance. Coverage provided will foliow the terms definitions conditions and exclusions of underlying insurance subject to the policy period limits of insurance premium and all other terms definitions conditions and exclusions of this policy except that the coverage provided will be no broader than the coverage provided by underlying insurance. 2 Any loss cost or expense payable under or resulting from a first party physical damage coverage no fault law personal injury protection or auto medical payments coverage or uninsured or underinsured motorist law except to the extent coverage is specifically provided by endorsement to this policy. Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. LCU 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 4 of 30 | 1 |
nan nan nan nan 1.0720140000900005e17 This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. This exclusion does not apply however if the bodily injury is covered by underlying insurance. Coverage provided will follow the terms definitions conditions and exclusions of underlying insurance subject to the policy period limits of insurance premium and all other terms definitions conditions and exclusions of this policy except that the coverage provided by this policy wili be no broader than the coverage provided by underlying insurance. Employment Related Practices Bodily injury or personal and advertising injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation or discrimination directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury or personal and advertising injury to that person at whom any of the employment related practices described in Paragraphs 1a b or c above is directed. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. Poliution 1 Bodily injury property damage or personal and advertising injury which would not have occurred in whole or in part but for the actual alleged potential or threatened discharge dispersal seepage migration release or escape of pollutants at any time whether included in a product or otherwise.. Paragraph 1 of this exclusion does not apply to coverage described in a through e below if the bodily injury or property damage is covered by underlying insurance. Coverage will follow the terms definitions conditions and exclusions of underlying insurance subject to the policy period limits of insurance premium and all other terms definitions conditions and exclusions of this policy except that coverage provided will be no broader than the coverage provided by underlying insurance. a Bodily injury if sustained within a building which is or was at any time owned or occupied by or rented or loaned to any insured and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the buliding or equipment that is used to heat water for personal use by the building s occupants or their guests WAIPEIRS U WO gwaes LCU 00011110 2010 Liberty Mutua Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 5 of 30 | 1 |
nan nan nan nan 1.0720140000900006e17 b Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire unless that hostile fire occurred or originated i At any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste or ii At any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations to test for monitor clean up remove contain treat detoxify neutralize or in any way respond to or assess the effects of poliutants Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids that are needed to perform normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them but only if the escape of fuels lubricants or other operating fluids occurs at or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations and the fuels lubricants or other operating fluids are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating 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 c d 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 or Bodily injury or property damage arising out of the escape of fuels lubricants fluids exhaust gases or other similar poliutants that are needed for or result from the normal electrical hydraulic or mechanical functioning of a covered auto or its parts if e i The pollutants escape seep migrate or are discharged dispersed or released directly from an auto part designed by its manufacturer to hold store receive or dispose of such pollutants and ii The bodily injury or property damage does not arise out of the operation of any equipment shown in Paragraphs f2 and f3 of the definition of mobile equipment. 2 Pollution cost or expense. This exclusion i. applies regardless of whether such discharge dispersal seepage migration release or escape occurs inside or outside a building or whether such pollutant has any function in your business operations premises site or location. Aircraft or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or LCU 00011110 2010 Liberty Mutuat Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 6 of 30 | 1 |
nan nan nan nan 1.0720140000900006e17 entrustment to others of any aircraft or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft or watercraft owned or operated by or rented or loaned to any insured. This exclusion does not apply if the bodily injury or property damage is covered by underlying insurance. Coverage provided will follow the terms definitions conditions and exclusions of underlying insurance subject to the policy period limits of insurance premium and all other terms definitions conditions and exclusions of this policy except that the coverage provided will be no broader than the coverage provided by underying insurance. War Bodily injury property damage or personal and advertising injury however caused arising directly or indirectly out of 1 War including undeciared or civil war 2 Warlike action by a military force inciuding action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3 insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Damage to Property Property damage to 1 Property a You own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property or b Owned or transported by the insured and arising out of the ownership maintenance or use of a covered auto 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you 4 Property in the care custody or controf of the insured 5 That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behaif are performing operations if the property damage arises out of those operations or LCU 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 7 of 30 | 1 |
nan nan nan nan 1.0720140000900006e17 6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly perfformed on it. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 1b 3 4 5 and 8 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraphs 3 and 4 of this exclusion do not apply to liability assumed under a written Trailer interchange agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard.. Damage to Your Product Property damage to your product arising out of it or any part of it. Damage to Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. Damage to Impaired Property or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. Recall of Products Work or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or Page 8 of 30 LCU 0001 11 10 2010 Liberty Mutuat Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
nan nan nan nan 1.0720140000900006e17 dangerous condition in it. Personal and Advertising Injury Personal and advertising injury 1 Arising out of an offense committed by or on behalf of the insured that a Is intended by such insured or b Would be expected from the standpoint of a reasonable person in the circumstances of such insured to cause injury Arising out of the oral or written publication of material if done by or at the direction of the 2 insured with knowledge of its falsity 3 Arising out of the oral or written publication of material whose content in the same or substantially the same form was published in any medium before the beginning of the policy period 4 Arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement 5 Arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement 6 Arising out of the wrong description of the price of goods products or services stated in your advertisement 7 Arising out of a Infringement of or any other violation relating to copyright patent trademark service mark trade name trade dress or other intellectual property right b Theft of trade secret c Misappropriation or d False advertising false marking false designation of origin or authenticity. However this Paragraph 7 does not apply to a Infringement of copyright trade dress or slogan committed in your advertisement b The unauthorized use in your advertisement of another s idea for an advertisement or c Oral or written publication of material that violates a person s right of privacy by misappropriation of that person s name or likeness 8 Committed by an insured whose business is Page 9 of 30 LCU 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
nan nan nan nan 1.0720140000900006e17 a Advertising broadcasting printing publishing or telecasting b Designing or determining content of websites for others or c An Internet search access content or service provider. However this Paragraph 8 does not apply to Paragraphs a. b. and c. of the definition of personal and advertising injury under SECTION V DEFINITIONS. For purposes of this Paragraph 8 the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting printing publishing or telecasting 9 Arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control 10 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 11 Arising out of a criminal act committed by or at the direction of the insured or 12 Arising out of the actual threatened or potential release disclosure or distribution of personal medical or financial information. r. Electronic Data Bodily injury property damage or personal and advertising injury arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. s. Asbestos Bodily injury property damage or personal and advertising injury arising out of or caused by or allegedly caused by asbestos either alone or in combination with other substances or factors. t. Fungior Bacteria Bodily injury property damage or personal and advertising injury arising out of or retated in any way to fungi or bacteria the exposure to fungi or bacteria or any claims arising from fungi or bacteria. This includes but is not limited to 1 Bodily injury property damage or personal and advertising injury which would not have occurred in whole or in part but for the actual alieged or threatened inhalation of ingestion of contact with exposure to existence or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed concurrently or in any sequence to such injury or damage or Any loss cost or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. 2 This exclusion does not apply to any fungi or bacteria that are on or are contained in a good or LCU 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted materiat of Insurance Services Office Inc. with its permission. Page 10 of 30 | 1 |
nan nan nan nan 1.0720140000900006e17 u product intended for humans to eat. Nuclear Energy 1 Bodily injury property damage or personal and advertising injury a With respect to which an insured under this policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its limit of insurance or b Resulting from the hazardous properties of nuclear material and with respect to which i any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or it the insured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization. 2 Bodily injury property damage or personal and advertising injury resulting from the hazardous properties of nuciear material if a The nuclear material i is at any nuclear facility owned by or operated by or on behalf of an insured or ii has been discharged or dispersed therefrom b The nuclear material is contained in spent fuel or waste at any time possessed handled used processed stored transported or disposed of by or on behalf of an insured or c The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this Paragraph c applies only to property damage to such nuclear facility and any property thereat. As used in this exclusion 1 Hazardous properties includes radioactive toxic or explosive properties. 2 Nuclear material means source material special nuclear material or by product material. 3 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. 4 Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor. 5 Waste means any waste material Page 11 of 30 LCU 00 0111 10 2010 Liberty Mutual Group of Companies. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
nan nan nan nan 1.0720140000900006e17 a containing by product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuciear facility. 6 Nuclear facility means a Any nuclear reactor b Any equipment or device designed or used for i separating the isotopes of uranium or plutonium ii processing or utilizing spent fuel or iif handling processing or packaging waste c Any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 d Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. 7 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. 8 Property damage includes all forms of radioactive contamination of property. v. Recording And Distribution Of Material Or Information In Violation Of Law Exclusion Bodily injury property damage or personal and advertising injury arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transaction Act FACTA or 4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. L.CU 0001 1110 2010 Liberty Mutual Group of Companies. All rights Page 12 of 30 reserved. Includes copyrighted material of Insurance Services Office inc. with its permission. LCU 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office inc. with its permission. | 1 |
nan nan nan nan 1.0720140000900006e17. Drivers Privacy Protection Act Bodily injury property damage or personal and advertising injury arising directly or indirectly out of any action or omission that violates or is alleged to violate the Drivers Privacy Protection Act of 1994 DPPA including any amendment of or addition to such law. Unlawful Discrimination Bodily injury property damage or personal and advertising injury arising out of unlawful discrimination. Radioactive Matter Bodily injury property damage or personal and advertising injury arising out of related in any way to caused by or allegedly caused by any exposure to or the presence of radiation andor radioactive matter either alone together or in combination with other substances or factors whether included in a product or otherwise. Securities Bodily injury property damage or personal and advertising injury arising out of related in any way to caused by or allegedly caused by 1 Any violation of any securities law or any law or part of any law that regulates the sale purchase offer for sale transfer or solicitation of securities or any regulation promulgated thereunder 2 The purchase sale offer of sale transfer or solicitation of any security debt insurance policy bank deposit or financial interest or instrument 3 Any representations made at any time in relation to the price or value of any security debt insurance policy bank deposit or financial interest or instrument or 4 Any depreciation or decline in price or value of any security debt insurance policy bank deposit or financial interest or instrument. 3. Supplementary Payments We will pay with respect to any claim we investigate or settle or any suit against the insured we defend 1 Ali expenses we incur. 2 The premium for bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. 3 All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings because of time off from work but not including the salaries of the insured s employees and in no event more than 250 a day. 4 Al court costs taxed against the insured in the suit. However these payments do not LCU 00 0111 10 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 13 of 30 | 1 |
nan nan nan nan 1.0720140000900006e17 include attorneys fees or attorneys expenses taxed against the insured. 5 Prejudgment interest awarded against the insured on that part of the judgment we pay. However if we make a settlement offer within the applicabie limit of insurance of this policy that is acceptable to the claimant or make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest accruing after we make such offer. 6 Post judgment interest awarded against the insured on that part of the judgment we pay that accrues after the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. When we have the right but not the duty to defend the insured and elect to participate in the defense we will pay our own expenses but will not contribute to the expenses of the insured or the underlying insurer. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met 1 The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract 2 This insurance applies to such liability assumed by the insured 3 The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract 4 The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee 5 The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counset to defend the insured and the indemnitee and 6 The indemnitee a Agrees in writing to i Cooperate with us in the investigation settlement or defense of the suit ii Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit iii Notify any other insurer whose coverage is available to the indemnitee and iv Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and b Provides us with written authorization to i Obtain records and other information related to the suit and LCU 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 14 of 30 | 1 |
nan nan nan nan 1.0720140000900006e17 it Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of SECTION COVERAGES such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settiements or the conditions set forth above or the terms of the agreement described in Paragraph 6 above are no longer met. SECTION Il WHO IS AN INSURED 1. if you are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. c. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. d. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. e. Afrust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. Each of the following is also an insured a. Your volunteer workers but only while performing duties related to the conduct of your business your empioyees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a coemployee in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business b To the spouse child parent brother or sister of that coemployee or volunteer worker LCU 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 15 of 30 | 1 |
nan nan nan nan 1.0720140000900006e17 as a consequence of Paragraph 1a above c For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs 1a or b above d Arising out of his or her providing or failing to provide professional health care services or e Arising out of practicing for or participating in any sports or athletic contest or exhibition that you sponsor unless the employee or volunteer worker is an insured for the bodily injury or personal and advertising injury on underlying insurance. 2 Property damage to property a Owned occupied used by b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. 3 Bodily injury property damage or personal and advertising injury arising out of the ownership maintenance or use of an auto except as provided in Paragraph f. below. b. Any person other than your employee or any organization while acting as your real estate manager but this does not apply with respect to the use of any vehicie owned by such person or organization. c. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. d. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this policy. e. Any person or organization included as an additional insured under underlying insurance but not for broader coverage than is provided by the underlying insurance. When coverage provided to an additional insured is required by a contract or agreement the most we will pay on behalf of that additional insured is the minimum amount of insurance required by the contract or agreement less any amounts payable by any underlying insurance or otherwise retained. f. Any person while using with your permission a covered auto for which insurance is provided to you under this policy and any person or organization legally responsible for its use but only if that person is an insured with respect to liability arising out of the ownership maintenance use or entrustment to others of covered autos on underlying insurance. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured under this policy if there is no other similar insurance available to that organization and that organization is a Named Insured under underlying insurance. However LCU 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. includes copyrighted material of Insurance Services Office Inc. with its permission. Page 16 of 30 | 1 |
nan nan nan nan 1.0720140000900006e17 a. Coverage under this provision is afforded only until the 90 day after you acquire or form the organization or the end of the policy period whichever is earlier b. Coverage does not apply to bodily injury or property damage that occurred before you acquired the organization and c. Coverage does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION Iil LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. The General Aggregate Limit is the most we will pay for the sum of all damages except damages because of a. Injury or damage included in the products completed operations hazard and b. Injury or damage arising out of the ownership maintenance use or entrustment to others of an auto. The Products Completed Operations Aggregate Limit is the most we will pay for the sum of all damages for bodily injury and property damage included in the products completed operations hazard. Subject to Paragraph 2. or 3. above if either applies the Each Occurrence Limit is the most we will pay for the sum of damages because of all injury or damage arising out of any one occurrence. The Limits of Insurance apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. For the purposes of applying the Each Occurrence limit a. All bodily injury and property damage arising out of continuous or repeated exposure to substantially the same general harmful conditions will be considered as the result of one occurrence and b. Al personal and advertising injury arising out of a series of related offenses including all repetitions or reproductions will be considered as the result of one and the same occurrence. Two or more offenses within the definition of personal and advertising injury each of which LCu 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 17 of 30 | 1 |
nan nan nan nan 1.0720140000900006e17 involves publication of material will not be deemed to be more than one occurrence merely because the material in one publication is not identical to the material in another publication or because the publications are made in different media. SECTION IV CONDITIONS 1. Appeals If the insured or the underlying insurers elect not to appeal a judgment that may require payments under this policy we may elect to make such appeal at our own cost. If we appeal we then wil be liable for the taxable costs expenses and interest incidental to the appeal which will be in addition to the limits of insurance of this policy unless provided otherwise on any underlying insurance. If we appeal the insured will cooperate with us at our request and at our expense in the prosecution of the appeal. Bankruptcy a. Bankruptcy or insolvency of the insured or the insured s estate will not relieve us of our obligation under this policy. b. Bankruptcy of an underlying insurer will not relieve us of our obligations under this policy. However this insurance will not replace the insurance afforded by the underlying insurance in the event of the bankruptcy insolvency or any other inability to pay of the underlying insurer or the insured to the extent it is self insured. This insurance will apply as if the underlying insurance were in full effect. Duties in the Event of Occurrence Claim or Suit a. You must see to it that we are notified promptly of any occurrence which may result in a claim to which this insurance might apply even if the insured must satisfy a retained limit before this insurance applies. To the extent possible notice should include 1 How when and where the occurrence took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence. b. If a claim is made or suit is brought to which this policy may apply you must see to it that we receive prompt written notice of the claim or suit even if the insured must satisfy a retained limit before this insurance applies. You must notify us if an applicable limit of underlying insurance is exhausted even if we do not have a duty to defend.. You and any involved insured must 1 Immediately send us 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 LCU 0001 11 10 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 18 of 30 | 1 |
nan nan nan nan 1.0720140000900006e17 4 At our request instruct all insurers that issued underlying insurance to cooperate with us in our handling of the claim or suit and make available all materials and documents in their claims files and 5 Assist us upon our request in the enforcement of any rights against any person or organization which may be fiable to the insured because of injury or damage to which this insurance may also apply. d. No insureds will except at their own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. e. In addition to the notice requirement of Paragraph 3.a. above you must promptly notify us if 1 Any occurrence results in any of the following injuries a Adeath b An amputation of any extremity c Any serious head or brain injury including skull fracture or loss of sight of either or both eyes d Any injury to the spinal cord paraplegia or quadriplegia e Serious burns or f Any other serious bodily injury which the insured believes is likely to involve this policy 2 Any suit to which this insurance may apply is a class action lawsuit or 3 You expect the injury or damage from any occurrence to exceed 50 of the retained limit. As used in this Paragraph 3. promptly means as soon as practicable after knowledge of the occurrence has been reported to an executive officer of the insured or to the employee designated by the insured to give us notice. Legal Action Against Us No person or organization has the right under this policy a. Tojoin us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this policy unless all of its terms have been fully complied with. If a person or organization sues us to recover on an agreed settiement or on a final judgment against an insured we will not be liable for damages that are not payable under the terms of this policy or that are in excess of the applicable limit of insurance. An agreed settiement means a settiement and release of liability signed by us the insured and the claimant or the claimant s legal representative. Other Insurance This insurance is excess over and will not share or contribute with any other insurance whether primary excess contingent or on any other basis. This condition will not apply to insurance LCU 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 19 of 30 | 1 |
nan nan nan nan 1.0720140000900006e17 specifically written as excess over this policy. Audit and Premium b. You agree to pay the premium when due. The Premium shown as Advance Premium on the Declarations is flat charge unless a rate is shown. if a rate is shown on the policy s Declarations the Advance Premium shown in the Declarations is an estimated premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the First Named Insured. The due date for audit premiums is the date shown as the due date on the bill. If the sum of the Advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the First Named Insured subject to the Minimum Premium if any shown in the Declarations. The First Named Insured must keep records of the information we need for premium computation and make available to us or send us this information at such times as we may request. We may examine your books and records as they relate to this policy at any time during the policy period and for up to three 3 years after the expiration or termination of this policy. We may at our option make an additional premium charge for any organization that you acquire or form during the policy period. Representations or Fraud By accepting this policy you agree a The statements in the Declarations are accurate complete and based on information and representations you provided or made to us We have issued this policy in reliance upon your information and representations The policy will be void in any case of fraud by you as it relates to this policy or any claim under this policy This policy will provide no coverage for any claim in the event you have made a material misrepresentation that relates to that claim without regard to whether such misrepresentation occurs before during or after the policy period and There will not be coverage under this policy for hazards you fail to disclose at the inception of the policy period except that unintentional failure of the Named Insured to disclose all hazards existing at the inception of this policy shall not be a basis for denial of any coverage afforded by this policy. However you must report the hazard to us as soon as practical after discovering the failure to disclose. This provision does not affect our right to collect additional premium or exercise our right of canceliation or non renewal. Separation of Insureds Except with respect to the limits of insurance and any rights or duties specifically assigned to the First Named Insured this insurance applies LCU 00011110 2010 Liberty Mutual Group of Companies. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 20 of 30 | 1 |
nan nan nan nan 1.0720140000900006e17 a. b. As if each Named Insured were the only Named Insured and Separately to each insured against whom claim is made or suit is brought. 9. Transfer of Rights of Recovery Against Others to Us If any insured has rights to recover all or part of any payment we have made under this policy those rights are transferred to us. The insured will do all that is necessary to secure such rights and must help us enforce them. The insured will do nothing after foss to prejudice such rights. Any recoveries shall be applied as follows 1 Any person or organization including the insured that has paid an amount in excess of the applicable limit of insurance of this policy will be reimbursed first 2 We then will be reimbursed up to the amount we have paid and 3 Lastly any person or organization including the insured that has paid an amount over which this policy is excess is entitled to claim the remainder. Expenses incurred by us in the exercise of the rights of recovery shall be apportioned among the persons or organizations including the insured in the ratio of their respective recoveries as finally settled. 10. Cancellation and Non Renewal The First Named nsured shown in the Declarations may cancel this policy by mailing or a. delivering to us advance written notice of cancellation. b. We may cancel this policy by mailing or delivering to the First Named Insured written notice of cancellation at least 1 10 days before the effective date of cancellation if we cancel for nonpayment of premium or 2 30 days before the effective date of cancellation if we cancel for any other reason. c. We will mail or deliver our notice to the First Named insured s last mailing address known to us. d. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date at 1201 AM. e. If this policy is cancelled we will send the First Named Insured any premium refund due. If we cancel the refund will be pro rata based upon the portion of the original policy period that the policy was actually in effect. If the First Named Insured cancels the refund will be less than pro rata and will be subject to the Minimum Premium if any shown in the Declarations. The cancellation will be effective even if we have not made or offered a refund. Our check mailed or delivered shall be sufficient tender of any refund due you. f. If we decide not to renew this policy we will mail or deliver to the First Named Insured shown in the Declarations written notice of the non renewal not less than 30 days before the expiration date. g. If notice is mailed proof of mailing will be sufficient proof of notice. LCU 00011110 2010 Liberty Mutual Group of Companies. All rights Page 21 of 30 reserved. Includes copyrighted material of insurance Services Office Inc. with its permission. Page 21 of 30 | 1 |
nan nan nan nan 1.0720140000900008e17 11. Inspection 12. 13. We have the right but are not obligated to inspect your premises and operations at any time. Our inspections are not safety inspections. They relate only to the insurability of your premises and operations and the premiums to be charged. We may give you reports on the conditions that we find. We may also recommend changes. However we do not undertake to perform the duty of you or any person or organization to provide for the health or safety of your employees or the public. We do not warrant the health and safety conditions of your premises or operations nor do we represent or certify that your premises or operations comply with laws regulations codes or standards. This condition applies not only to us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys reports or recommendations for us. Named Insureds a. The First Named Insured is authorized to act and agrees to act on behalf of all persons or organizations insured under this policy with respect to all matters pertaining to the insurance afforded by the policy. b. Each Named Insured is jointly and severally liable for 1 All premiums due under this policy and 2 Any other financial obligations of any Named Insured to us arising out of any agreements contained in this policy. Maintenance of Underlying Insurance Throughout the policy period you must ensure that a. Underlying insurance that is self insurance provides coverage at least as broad as the coverage provided under this policy b. Al underlying insurance remains in effect c. The terms definitions conditions and exclusions of ali underlying insurance do not materially change d. The total applicable limits of all underlying insurance do not decrease except for any reduction or exhaustion of aggregate limits by payment of judgments or settlements and e. Any renewals or replacements of any underlying insurance provide equivalent coverage to and afford limits of insurance equal to or greater than the policy being renewed or replaced. If you fail to comply with Paragraphs b. through e. above regardless of the reason or reasons this policy s coverage will apply as if the underlying insurance were still in full effect with the terms definitions conditions exclusions and fimits that existed on the effective date of this policy. However if an exclusion is added to underlying insurance after the effective date of this policy then such exclusion is automahcally added to this policy effective on the same date that it was effective on the underlying insurance. Page 22 of 30 LCU 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
nan nan nan nan 1.0720140000900008e17 14 15. Transfer of Your Rights and Duties Your rights and duties under this policy may not be transferred without our written consent. If you die or are legally declared bankrupt your rights and duties will be transferred to your lega representative but only while acting within the scope of duties as your legal representative. Until your legal representatives is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. However in such event notice of cancellation of this policy sent to the First Named Insured and mailed to the address shown in this policy will be sufficient notice to effect cancellation of this policy. Changes This policy contains all the agreements between you and us concerning the insurance afforded. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy. SECTION V DEFINITIONS 1. Advertisement means a paid announcement that is broadcast or published in the print broadcast or electronic media to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Announcements that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding websites only that part of a website that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. Auto means a. A land motor vehicle trailer or semi trailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However auto does not include mobile equipment. Bodily injury means a. Bodily injury sickness or disease sustained by a person including death resulting from any of these at any time and b. Mental anguish or injury shock or humiliation arising out of injury as defined in Paragraph a. above. Bodily injury does not include injury that falls within the definition of personal and advertising injury. Covered auto means only an auto for which coverage is provided on underlying insurance. Electronic data means information facts or programs stored as or on created or used on or LCU 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 23 of 30 | 1 |
nan nan nan nan 1.0720140000900008e17 transmitted to or from computer software including but not limited to 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 controlied equipment.. 6. Employee includes a leased worker. Employee does not include a temporary worker. 7. Executive officer means a person holding any of the officer positions created by your charter constitution by laws or any other similar governing document. 8. Fungi mean any type or form of fungus inciuding mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. 9. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. 10. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. ltincorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by a. The repair replacement adjustment or removal of your product or your work or v b. Your fulfilling the terms of the contract or agreement. 11. Insured contract means a. A contract for lease of premises However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. Asidetrack agreement c. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a raiiroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement f. That part of any contract or agreement entered into as part of your business pertaining to the rental or lease by you or any of your employees of any auto. However such contract or agreement shall not be considered an insured contract to the extent that it obligates you or any of your employees to pay for property damage to any auto rented or leased by you or any of your employees or g. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under LCU 00011110 2010 Liberty Mutual Group of Companies. All rights Page 24 of 30 reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 24 of 30 | 1 |
nan nan nan nan 1.0720140000900008e17 which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization provided the bodily injury or property damage is caused in whole or in part by you or by those acting on your behalf. Tort liability means a liability that would be imposed by taw in the absence of any contract or agreement. Paragraphs f. and g. above do not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing 2 That pertains to the loan lease or rental of an auto to you or any of your employees if the auto is loaned leased or rented with a driver 3 That holds a person or organization engaged in the business of transporting property by auto for hire harmless for your use of a covered auto over a route or territory that the person or organization is authorized to serve by public authority 4 That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 5 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in Paragraph 4 above and supervisory inspection architectural or engineering activities. 12. Leased worker means a person leased to you by a labor leasing firm under an agreement between 13. 14. you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. While itis in or on an aircraft watercraft or auto or c. While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. 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 Page 25 of 30 LCU 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office inc. with its permission. | 1 |
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