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nan nan nan nan 1.0720140000900008e17 b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawier treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in Paragraphs a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers and f. Vehicles not described in Paragraphs a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelied vehicles with the foliowing types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where such vehicles are licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. 15. Occurrence means a With respect to bodily injury or property damage an accident including continuous or repeated exposure to substantially the same general harmful conditions or b. With respect to personal and advertising injury an offense or series of related offenses. LCU 000111 10 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 26 of 30 | 1 |
nan nan nan nan 1.0720140000900008e17 16. 17. 18. 19. Other insurance means a. Any valid and collectible insurance except underlying insurance that insures any insured even if the coverage is unavailable or uncollectible as a consequence of a breach by any insured under this policy of the terms or conditions of that insurance plus b. Any amount retained under any self insurance program that is not underlying insurance. Other insurance does not include any insurance specifically written as excess over this policy. Personal and advertising injury means injury caused by one or more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecution c. Wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor d. Oral or written publication directly to the public at large in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services e. 1 Oral or written publication directly to the public at large in any manner of material that violates a person s right of privacy or 2 Oral or written publication of material in any manner. that violates a person s right of privacy by misappropriation of that person s name or likeness f. The use of another s advertising idea in your advertisement or g. Infringing upon another s copyright trade dress or slogan in your advertisement. Bodily injury that arises out of personal and advertising injury will be considered personal and advertising injury. Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. Pollution cost or expense means any loss cost or expense arising out of any a. Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b. Claim or suit by or on behalf of a government authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. LCU 000111 10 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 27 of 30 | 1 |
nan nan nan nan 1.0720140000900008e17 20. 21. 22 23. 24 Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except. 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. Your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. b When all of the work to be done at the site has been completed if your contract calls for work at more than one site. c When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. b. This hazard does not include bodily injury or property damage arising out of 1. The transportation of property unless the injury or damage arises out of a condition in or ona vehicle not owned by you created by the loading or unloading of that vehicle by any insured or 2 The existence of tools uninstalled equipment or abandoned or unused materials. Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. Publication means an insured s act of disseminating or broadcasting material or information. Publication does not include the wrongful appropriation interception or retrieval of materiat or information by a third party or the insured s dissemination or broadcasting of material or information to a person who is the subject of the material or the information. Radiation andor radioactive matter includes but is not limited to ionizing radiation either directly from unstable atomic nuclei or atoms or as a consequence of a nuclear reaction radioactive isotopes alpha or beta particles or rays gamma rays X Rays photons nucleons induding protons neutrons and electrons. Retained limit means as to each occurrence a. The total applicable limits of the underlying insurance plus any applicable other insurance. LCU 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 28 of 30 | 1 |
nan nan nan nan 1.0720140000900008e17 25. 26. 27. 28. However if the sum of the underlying insurance plus the other insurance is 1 Greater than the amount listed in the Declarations under the Schedule for that underlying insurance our retained limit will be the greater amount or 2 Less than the amount listed in the Declarations under the Schedule for that underlying insurance our retained limit will be the amount listed in the Schedule. The retained limit will be reduced by the amount by which the applicable underlying insurance has been reduced due to the reduction or exhaustion of the applicable aggregate limit of insurance by payment of judgments or seftlements. The retained imit will not be reduced or exhausted by defense costs loss adjustment expenses supplementary payments or similar amounts that reduce or exhaust the policy limits of underlying insurance. If some or all of the underlying insurance is not available due to breach of policy condition our retained limit will be the amount listed in the Declarations under the Schedule for that underlying insurance plus other insurance. b. If there is no applicable underlying insurance our retained limit will equal the greater of the Self Insured Retention shown in the Declarations or any applicable other insurance. The Seif Insured Retention will be reduced by Supplementary Payments we pay in the investigation or settiement of any claim or in the defense of any suit against the insured we defend. The Self Insured Retention does not apply to occurrences that would have been covered by underlying insurance but for the exhaustion of applicable limits. in calculating the extent to which the underlying aggregate limits have been reduced or exhausted the retained limit in Paragraph a. above will be reduced only by payment of judgments or settiements because of bodily injury and property damage that occurs during our policy period and personal and advertising injury that is caused by an offense arising out of your business during our policy period. Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alieged and can be awarded. Suit includes a. An arbitration proceeding in which such damages are claimed and can be awarded and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and can be awarded and to which the insured submits with our consent. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Underlying insurance means any policies of insurance or seif insurance listed in the Declarations under the Schedule of underlying insurance. Underlying insurer means any insurer who provides any policy of insurance listed in the Declarations under the Schedule of underlying insurance and any insurer who provides other insurance.. Page 29 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 29. 30. 31. Volnteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and who is not paid a fee salary or other compensation.by you or anyone else for their work performed for you. Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. LCuU 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 30 of 30 | 1 |
nan nan nan nan 1.0720140000900008e17 IMPORTANT NOTICE REGARDING THE EXPIRATION OF THE TERRORISM RISK INSURANCE ACT AND THE REDUCTION IN COVERAGE FOR TERRORISM LOSSES PLEASE READ THIS NOTICE CAREFULLY This is to notify you of a reduction in coverage for terrorism losses under your insurance policy when the Terrorism Risk Insurance Act TRIA expires which is scheduled to occur on December 31 2014. This notice DOES NOT apply to Workers Compensation insurance. TRIA as amended is a temporary program that spreads losses from government certified acts of terrorism between insurers and the federal government. In summary TRIA requires insurers to make coverage for certified acts of terrorism available and to pay losses from certified acts of terrorism up to a deductible amount. If an individual insurer s losses exceed this amount the government wili reimburse the insurer for 85 of losses paid in excess of the deductible. Policyholders have the option to accept or reject this coverage. TRIA will expire on December 31 2014 unless Congress and the President act to extend it. Otherwise after 2014 the federal government will no longer certify acts of terrorism or reimburse losses caused by certified acts of terrorism. If you purchase coverage for certified acts of terrorism and TRIA expires on or after December 31 2014 your insurance coverage will be reduced. After the date TRIA expires where permitted by state law you will no longer have insurance for losses from acts of terrorism that directly or indirectly involve nuclear or radioactive agents or materials or pathogenic or poisonous biological or chemical agents or materials NBCR. If you elect not to purchase coverage for certified acts of terrorism and TRIA expires on or after December 31 2014 losses caused by any terrorist act will be excluded from your policy where permitted by state law. Some states including New York and Florida may not approve or allow the use of certain exclusions related to acts of terrorism. Therefore exclusions for losses caused by acts of terrorism may not apply in all states. Page 1 of 1 CNI g0 07 0114 2014 Liberty Mutual Insurance. Ali rights reserved. | 2 |
nan nan nan nan 1.0720140000900008e17 POLICYHOLDER DISCLOSURE TERRORISM RISK INSURANCE ACT THIS ENDORSEMENT IS MADE PART OF YOUR POLICY PURSUANT TO THE TERRORISM RISK INSURANCE ACT. In accordance with the Terrorism Risk Insurance Act including all amendments TRIA or the Act we are required to provide you with a notice of the portion of your premium attributable to coverage for certified acts of terrorism the federal share of payment of losses from such acts and the limitation or cap on our liability under the Act. Disclosure of Premium The Company has made available coverage for certified acts of terrorism as defined in the Act. If purchased the portion of your premium attributable to coverage for certified acts of terrorism is shown in the Declarations Declarations Extension Schedule or elsewhere by endorsement in your policy. Federal Participation In Payment Of Terrorism Losses If an individual insurer s losses exceed a deductible amount specified in the Act the federal government will reimburse the insurer for 85 of losses paid in excess of the deductible provided that aggregate industry losses from a certified act of terrorism exceed 100 million. Cap On insurer Participation In Payment Of Terrorism Losses If aggregate insured losses attributable to certified acts of terrorism exceed 100 billion in a calendar year and we have met our deductible under the Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion. Nor shall Treasury make any payment for any portion of the amount of such losses that exceeds 100 billion. In such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. SNi 80021110 Page 1 of 1 | 2 |
nan nan nan nan 1.0720140000900008e17 Policy Number TH7 Z91 460737 064 Issued by LIBERTY INSURANCE CORPORATION PARTICIPATING PROVISION You may be eligible to participate in the distribution of surplus funds of the company through any dividends that may be declared for this policy. A declaration or payment of dividends is not guaranteed. The amount of any dividends that may be declared shall be to the extent and upon the conditions fixed and determined by the Board of Directors and in compliance with any laws that apply. In witness whereof the company has caused this policy to be signed by its President and its Secretary. EEEEEEEEE Dextor. j an SECRETARY Page 1 0of 1 2013 Liberty Mutual Insurance. Al rights reserved. LIL 90050613 | 2 |
ACE USA Policy Number XOO G24922017 002 ACE Umbrella Plus With ACE PaCS Underlying Insurance Commercial Umbrella Liability Policy Declarations Renewal of XOO G24922017 001 lllinois Union Insurance Company This policy is issued by the stock insurance company shown above. Named Insured Address Goradia Capital LLC 16800 Imperial Valley Drive Suite 499 Houston TX 77060 Policy Period 1201 A.M Local time at the address of the From January 1 2014 to January 1 2015 Named Insured shown in ftem 1. Limits of Insurance Self Insured Retention 25000000 Each Occurrence 25000000 Each Pollution Condition 25000000 General Aggregate Limit 25000000 Products Completed Operations Aggregate Limit 10000 Premium 404986 0.00 Terrorism Premium included in Premium This premium amount is 35 minimum earned as of the first day of the policy period shown in Item 2. above. Notices Notice of Occurrence Offense Claim or Pollution All other Notices ACE Custom Casualty Claims P.O. Box 31079 Tampa FL 33631 3079 Phone Number 888 251 3870 Notice Fax 877 269 4025 First Notice customcasualtyfirstnoticeacegroup.com ACE Custom Casualty P.O. Box 1000 436 Walnut Street WA07A Philadelphia PA 19106 24 Hour Emergency Response Hotline 1888 310 9553 Schedule of Underlying Insurance The Schedule is described on Form PCX26797 which forms a part of this Policy s Declarations. Producer Name Address Producer Code Lockton Companies 444 West 47 Street Kansas City MO 64112 115579 ACE USA 0 Each Pollution Condition 0 General Aggregate Limit 0 Products Completed Operations Aggregate Limit Self Insure el rierm Pramitim inaliidad in Pramiim l 9. UGS NOULE ACE Cust P.O. Box Tampa F Phone N Notice Fa First Notic 24 Hou 1888 em 6. The Schedule is described on Forr Lusiom Lasually Liaims ALE Lusiom Lasualty 0. Box 31079 P.O. Box 1000 ampa FL 33631 3079 436 Walnut Street WAO7A hone Number 888 251 3870 Philadelphia PA 19106 otice Fax 877 269 4025 rst Notice customcasualtyfirstnoticeacegroup.com 4 Hour Emergency Response Hotline 888 310 9553 Schedule of Underlying Insurance on Form PCX26797 which forms a part of this Policy s Declarations. ockton Companies 44 West 47 Street ansas City MO 64112 p em 7. Producer Name Address 2012 PCX26796a 0812 Page 1 of 2 | 2 |
ACE Umbrella Plus With ACE PaCS Underlying Insurance Commercial Umbrella Liability Policy Declarations Page 2 jod ACE USA Policy Form Number XS20835 0806 Policy Form Name ACE Umbrella Plus Commercial Umbrella Liability Policy Form Number Endorsements and Notices Attached at Policy Issuance PCX26797 0309 PCX26386a 0812 Schedule of Underlying Insurance Follow Form ACE PaC Coverage Endorsement Single Aggregate Limit PCX26798 0309 Maintenance of Underlying Insurance ACE PaC X22088 0407 Catastrophe Management Coverage Endorsement XS20847 0806 Occupational Disease Exclusion XS20746 0806 CG2173 0108 Anti Stacking Endorsement Exclusion Of Certified Acts of Terrorism ALL21101 1106 Trade or Economic Sanctions Endorsement XS1U96e 0206 Service of Suit Endorsement LD5S23i 1211 Signature Endorsement TRIA15 0108 X22552 0607 Policyholder Disclosure Notice Of Terrorism Insurance Coverage Commercial Umbrella Liability SL17905 0409 Texas Surplus Lines Notification ALL4Y30e 0713 Information and Complaints ALL11559d 1007 Risk Control Services for Texas Policyholders ILP 001 0104 ALL20887 1006 U.S. Treasury Department s Office of Foreign Assets Control OFAC Advisory Notice to Policyholders ACE Producer Compensation Practices Policies ACE USA 2012 PCX26796a 0812 Page 2 of 2 | 2 |
ACE Umbrella Plus Commercial Umbrella Liability Policy Various provisions in this policy restrict coverage. Please read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section VI Definitions. We the Company named in the Declarations relying upon the statements shown on the Declarations page and in the schedule of underlying insurance attached to this policy and in return for the payment of premium and subject to its terms conditions and limits of insurance of this policy agree with you as follows I. INSURING AGREEMENT A. We will pay on behalf of the insured those sums in excess of the retained limit that the insured becomes legally obligated to pay as damages because of bodily injury property damage or personal and advertising injury to which this insurance applies. 1. This insurance applies to bodily injury and property damage that takes place in the coverage territory but only if a. The bodily injury or property damage is caused by an occurrence b. The bodily injury or property damage occurs during the policy period and c. Prior to the policy period no insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If any insured listed under Paragraph A. of Section Il Who Is An Insured or any authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. 2. This insurance applies to personal and advertising injury that arises out of your business but only if the offense causing the personal and advertising injury takes place in the coverage territory and during the policy period. B. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph A. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. C. 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 A. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1. Reports all or any part of the bodily injury or property damage to us or any other insurer 2. Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3. Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. Page 1 of 19 XS20835 0806 | 0 |
D. Damages because of bodily injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. The amount we will pay for damages is limited as described in Section IV Limits of Insurance. Il. WHO IS AN INSURED A. The following are insureds 1. 2. The Named Insured named in Item 1 of the Declarations of this policy is an insured. Any subsidiary of the Named Insured named in Item 1 of the Declarations of this policy and any other organization under your control and active management at the inception date of this policy is an insured providing such subsidiary or organization is included as an insured in the underlying insurance and was made known to us prior to or at the inception date of this policy 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. Alimited 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. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. B. Each of the following is also an insured 1. Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for a. Bodily injury or personal and advertising injury 1 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 while 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 2 To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph a.1 above 3 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 a.1 or 2 above or 4 Avrising out of his or her providing or failing to provide professional health care services. b. Property damage to property 1 Owned occupied or used by you 2 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. Page 2 of 19 XS20835 0806 | 1 |
2. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. 3. Any person or organization having proper temporary custody of your property if you die but only a. With respect to liability arising out of the maintenance or use of that property and b. Until your legal representative has been appointed. 4. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this policy. 5. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as an insured if it also qualifies as an insured in underlying insurance and there is no other similar insurance available to that organization. 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. This insurance does not apply to bodily injury or property damage that occurred before you acquired or formed the organization c. This insurance does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization and d. We reserve the right to charge an additional premium if such organization qualifies as an insured. 6. Any person or organization if insured under underlying insurance provided that coverage provided by this policy for any such insured will be no broader than coverage provided by underlying insurance. Notwithstanding anything above no person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. 1ll. DEFENSE AND SUPPLEMENTARY PAYMENTS A We will have the right and duty to defend the insured against any suit seeking damages for bodily injury property damage or personal and advertising injury even if groundless false or fraudulent to which this insurance applies 1. When damages sought would be covered by underlying insurance but are not covered by that insurance because of the exhaustion of the applicable limits of underlying insurance by the payment of loss covered by this policy or 2. When damages sought would be covered under any other insurance but are not covered by that insurance because of the exhaustion of the applicable limits of other insurance by the payment of loss covered under such other insurance or 3. When damages sought for bodily injury property damage or personal and advertising injury are not covered by underlying insurance or any other insurance or any applicable self insured retention has been exhausted by the payment of loss covered by this policy. We will have no duty to defend the insured against any suit seeking damages for bodily injury property damage or personal and advertising injury to which this insurance does not apply. We will have the right but not the duty to associate in the investigation of any claim and the defense of any suit which may in our opinion result in damages to which this insurance applies. If we assume the defense of any suit against the insured we will pay in addition to the applicable Limit of Insurance 1. All expenses we incur. 2. Up to 250 for cost of bail bonds because of an occurrence that may result in bodily injury or property damage covered by this policy. We do not have to furnish these bonds. Page 3 of 19 XS20835 0806 | 1 |
3. The cost of bonds to release attachments but only for bond amounts within the applicable Limit of Insurance. We do not have to furnish these bonds. 4. The cost of appeal bonds required by law to appeal any suit we defend but only for bond amounts within the applicable Limit of Insurance. We do not have to apply for or furnish such bond. 5. All reasonable expenses incurred by the insured at our request to assist us in the investigation of any claim or the defense of any suit covered under this policy including actual loss of earnings because of time off from work. Al costs taxed against the insured in the suit. Pre judgment interest awarded against the insured on that part of the judgment within the applicable Limit of Insurance that we pay. If we make an offer to pay the applicable Limit of Insurance we will not pay any prejudgment interest accruing after the offer. 8. Post judgment interest on that part of any judgment that we become obligated to pay which accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that we have become obligated to pay which is within the applicable Limit of Insurance. Our right and duty to defend ends when the applicable Limit of Insurance of this policy has been exhausted by the payment of loss. IV. LIMITS OF INSURANCE A The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of 1. Insureds 2. Claims made or suits brought or 3. Persons or organizations making claims or bringing suits. The General Aggregate Limit shown in the Declarations is the most we will pay for all damages except 1. Damages because of bodily injury or property damage included in the products completed operations hazard and 2. Damages because of bodily injury or property damage arising out of the ownership maintenance or use of a covered auto. The Products Completed Operations Aggregate Limit shown in the Declarations is the most we will pay for damages because of bodily injury and property damage included in the products completed operations hazard. Subject to Paragraphs B and C above the Each Occurrence Limit shown in the Declarations is the most we will pay for the sum of all damages because of bodily injury property damage and personal and advertising injury arising out of any one occurrence. If the applicable limits of underlying insurance have been 1. Reduced by the payment of loss covered by this policy then this policy will be excess of the reduced limit of underlying insurance. 2. Exhausted by the payment of loss covered by this policy then this policy will continue in force as underlying insurance. The Limits of Insurance of this policy apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. Page 4 of 19 XS20835 0806 | 1 |
V. EXCLUSIONS This insurance does not apply to A. Aircraft or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1. A watercraft while ashore on premises you own or rent or 2. A watercraft you do not own that is a. Less than 26 feet long and b. Not being used to carry persons or property for a charge. This exclusion does not apply to the extent that such coverage is provided by underlying insurance or would have been provided but for the exhaustion of the applicable limits of underlying insurance by the payment of loss covered by this policy provided however that coverage provided by this policy will be no broader than coverage provided by underlying insurance. B. Asbestos Any loss demand claim or suit arising out of or related in any way to asbestos or asbestos containing materials. C. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1. That the insured would have in the absence of the contract or agreement or 2. Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable 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. D. 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. Page 5 of 19 XS20835 0806 | 1 |
E. Damage to Property Property damage to 1. Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property 2. Premises you sell give away or abandon if the property damage arises out of any part of those premises Property loaned to you Personal property in the care custody or control of the insured That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or 6. That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of seven 7 or fewer consecutive days. 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 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard. F. Damage to Your Product Property damage to your product arising out of it or any part of it. G. 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. H. Electronic Chat Rooms or Bulletin Boards Personal and advertising injury arising out of an electronic chat room or bulletin board the insured hosts owns or over which the insured exercises control.. Employer s Liability Bodily injury to 1. An employee of the insured arising out of and in the course of a. Employment by the insured or b. Performing duties related to the conduct of the insured s business or 2. The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies 1. Whether the insured may be liable as an employer or in any other capacity and Page 6 of 19 XS20835 0806 | 1 |
2. 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. 2. To the extent that such coverage is provided by underlying insurance or would have been provided but for the exhaustion of the applicable limits of underlying insurance by the payment of loss covered by this policy provided however that coverage provided by this policy will be no broader than coverage provided by underlying insurance. J. Employment Practices Bodily injury property damage or personal and advertising injury arising out of 1. Refusal to employ 2. Termination of employment 3. Coercion demotion evaluation reassignment discipline defamation harassment humiliation failure to promote retaliation violation of civil rights invasion of privacy discrimination or other acts or omissions arising out of employment related practices or other employment related practices policies acts or omissions or 4. Any consequential liability damages loss cost or expense as a result of 1 2 or 3 above. This exclusion applies whether or not the insured may be held 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 such injury or damages. K. Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. L. Infringement of Copyright Patent Trademark or Trade Secret Personal and advertising injury arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. However this exclusion does not apply to infringement in your advertisement of copyright trade dress or slogan. M. Insureds in Media and Internet Type Businesses Personal and advertising injury committed by an insured whose business is 1. Advertising broadcasting publishing or telecasting 2. Designing or determining content of web sites for others or 3. An Internet search access content or service provider. However this exclusion does not apply to Section VI Definitions R. Personal and advertising injury Paragraphs 1 2 and 3. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. N. 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 Page 7 of 19 XS20835 0806 | 1 |
3. Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. This exclusion does not apply to the extent that such coverage is provided by underlying insurance or would have been provided but for the exhaustion of the applicable limits of underlying insurance by the payment of loss covered by this policy provided however that coverage provided by this policy will be no broader than coverage provided by underlying insurance. 0. Miscellaneous Laws Any loss demand claim or suit under 1. The Employee Retirement Income Security Act of 1974 including any amendment thereto or any similar law. 2. Any workers compensation disability benefits or unemployment compensation laws or any similar laws. 3. Any auto no fault law any uninsured or underinsured motorist law any personal injury protection law or similar law. P. Nuclear 1. To any injury or damage a. With respect to which an insured under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its limit of insurance or b. Resulting from the hazardous properties of nuclear material and with respect to which 1 any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or 2 the insured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization. 2. To any injury or damage resulting form the hazardous properties of nuclear material if a. The nuclear material 1 is at any nuclear facility owned by or operated by or on behalf of an insured or 2 has been discharged or dispersed therefrom b. The nuclear material is contained in spent fuel or waste at any time possessed handled used processed stored transported or disposed of by or on behalf of an insured or c. The injury or damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operations or use of any nuclear facility. As used in this exclusion a. Hazardous properties include radioactive toxic or explosive properties b. Nuclear material means source material special nuclear material or by product material c. Source material special nuclear material and by product material have the meanings given them in the Atomic Energy act of 1954 or in any law amendatory thereof d. Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor Page 8 of 19 XS20835 0806 | 1 |
e. Waste means any waste material a containing by product material other than the tailings or waste produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility. f. Nuclear facility means 1 Any nuclear reactor 2 Any equipment or device designed or used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packaging waste 3 Any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235. 4 Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. 9. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. h. Injury or damage includes all forms of radioactive contamination of property. Q. Other Personal and Advertising Injury 1. Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. 2. Personal and advertising injury arising out of oral or written publication of material if done by or at the direction of the insured with knowledge of its falsity. 3. Personal and advertising injury arising out of oral or written publication of material whose first publication took place before the beginning of the policy period. 4. Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured. 5. Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages a. That the insured would have in the absence of the contract or agreement or b. Assumed in a contract or agreement that is an insured contract provided the personal and advertising injury offense takes place subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of personal and advertising injury provided i. Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and ii. 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. 6. Personal and advertising injury arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement. Page 9 of 19 XS20835 0806 | 1 |
7. Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement. 8. Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your advertisement. R. Pollution 1. Bodily injury property damage or personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a. At or from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured b. At or from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste c. Which are or were at any time transported handled stored treated disposed of or processed as waste by or for 1 Any insured or 2 Any person or organization for whom you may be legally responsible d. At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor e. At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants f. That are or that are contained in any property that is 1 Being transported or towed by handled or handled for movement into onto or from a covered auto 2 Otherwise in the course of transit by or on behalf of the insured or 3 Being stored disposed of treated or processed in or upon a covered auto g. Before the pollutants or any property in which the pollutants are contained are moved from the place where they are accepted by the insured for movement into or onto the covered auto or h. After the pollutants or any property in which the pollutants are contained are moved from a covered auto to the place where they are finally delivered disposed of or abandoned by the insured. However the following exceptions to this exclusion apply to the extent that such coverage is provided by underlying insurance or would have been provided but for the exhaustion of the applicable limits of underlying insurance by the payment of loss covered by this policy provided however that coverage provided by this policy will be no broader than coverage provided by underlying insurance 1. Paragraph 1.a. of this exclusion does not apply to bodily injury if sustained within a building and caused by smoke fumes vapor or soot from equipment used to heat that building. 2. Paragraph 1.a. of this exclusion does not apply to bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured. Page 10 of 19 XS20835 0806 | 1 |
3. Paragraph 1.d. of this exclusion does not apply to bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor. 4. Paragraph 1.d. of this exclusion does not apply to 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. 5. Paragraph 1.d. of this exclusion does not apply to bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. 6. Paragraph 1.f. of this exclusion does not apply to fuels lubricants fluids exhaust gases or other similar pollutants that are needed for or result from the normal electrical hydraulic or mechanical functioning of a covered auto or its parts if a. The pollutants escape seep migrate or are discharged dispersed or released directly from an auto part designed by its manufacturer to hold store receive or dispose of such pollutants and b. The bodily injury property damage or any covered pollution cost or expense does not arise out of the operation of any equipment listed in Paragraphs 6.b. and 6.c. of the definition of mobile equipment. 7. Paragraphs 1.g. and 1.h. of this exclusion do not apply to occurrences that take place away from premises owned by or rented to an insured with respect to pollutants not in or upon a covered auto if a. The pollutants or any property in which the pollutants are contained are upset overturned or damaged as a result of the maintenance or use of a covered auto and b. The discharge dispersal seepage migration release or escape of the pollutants is caused directly by such upset overturn or damage. 2. Any loss cost or expense arising out of any a. Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b. Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. However this Paragraph 2. does not apply to liability for damages because of property damage that the insured would have in the absence of such request demand order or statutory or regulatory requirement or such claim or suit by or on behalf of a governmental authority. Recall of Products Work or Impaired Property Bodily injury property damage or personal and advertising injury or any other 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 Page 11 of 19 XS20835 0806 | 1 |
V. if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. Trade or Economic Sanctions To the extent that trade or economic sanctions or other laws or regulations prohibit us from providing insurance including but not limited to the payment of claims. Unauthorized Use of Another s Name or Product Personal and advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or meta tag or any other similar tactics to mislead another s potential customers. Unsolicited Communications Bodily injury property damage or personal and advertising injury arising out any form of communication including but not limited to facsimile electronic mail posted mail or telephone in which the recipient has not specifically requested the communication. This exclusion also applies to communications which are made or allegedly made in violation of the 1. Telephone Consumer Protection Act TCPA including any Amendment of or addition to such law or 2. The CAN SPAM Act of 2003 including any amendment of Or addition to such law or 3. Any statute ordinance or regulation other than the TCPA Or CAN SPAM Act of 2003 which prohibits or limits the sending transmitting communicating or distribution of material or information. W. War Bodily injury property damage or personal and advertising injury however caused arising directly or indirectly as a result of or in connection with war whether declared or not or any act or condition incident to war. War includes civil war insurrection civil commotion rebellion or revolution. VI. CONDITIONS A. Appeals In the event you or any underlying insurer elects not to appeal a judgment in excess of the amount of the underlying insurance or other insurance we may elect to appeal. If we elect to appeal we will be liable for in addition to the applicable Limits of Insurance of this policy all court costs expenses incurred and interest on that amount of any judgment that does not exceed the applicable Limits of Insurance shown in the Declarations related to such an appeal subject to the limitations set forth in Section Il Defense And Supplementary Payments. B. Assignment of Your Rights and Duties Your rights and duties under this policy may not be transferred except by an endorsement to this policy issued by us. If you die or are legally declared bankrupt 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. Page 12 of 19 XS20835 0806 | 1 |
C. Bankruptcy Your bankruptcy insolvency refusal or inability to pay will not relieve us of our obligations under this policy. In the event of bankruptcy insolvency refusal or inability to pay of any underlying insurer the insurance afforded by this policy will not drop down or replace underlying insurance but will apply as if the limits of such underlying insurance are fully available and collectible and we will not assume any obligation under underlying insurance. D. Cancellation 1. You may cancel this policy. You must mail or deliver to us advance written notice stating when cancellation is to take effect. 2. We may cancel this policy. If we cancel because of non payment of premium we must mail or deliver to you not less than ten 10 days advance written notice stating when the cancellation is to take effect. If we cancel for any other reason we must mail or deliver to you not less than sixty 60 days advance written notice stating when the cancellation is to take effect. Mailing that notice to you at your mailing address shown in the Declarations will be sufficient to prove notice. The policy period will end on the day and hour stated in the cancellation notice. If we cancel final premium will be calculated pro rata based upon the time this policy was in force. Final premium will not be less than the pro rata share of the Minimum Premium as shown in the Declarations. 5. If you cancel final premium will be more than pro rata it will be based on the time this policy was in force and increased by our short rate cancellation table and procedure. Final premium will not be less than the short rate share of the Minimum Premium as shown in the Declarations. 6. Premium adjustment may be made at the time of cancellation or as soon as practicable thereafter but the cancellation will be effective even if we have not made or offered any refund due you. Our check or our representative s check mailed or delivered will be sufficient tender of any refund due you. 7. The first Named Insured shown in the Declarations will act on behalf of all other insureds with respect to the giving and receiving of notice of cancellation and the receipt of any refund that may become payable under this policy. E. Changes This policy may be changed only by a written endorsement to this policy issued by us. F. Duties in the Event of Occurrence Claim or Suit 1. You must see to it that we are notified as soon as practicable of an occurrence which may result in a claim for damages under this policy. To the extent possible notice should include a. How when and where the occurrence took place b. The names and addresses of any injured persons and witnesses and c. The nature and location of any injury or damage arising out of the occurrence. 2. If a claim is made or suit is brought against any insured that is reasonably likely to involve this policy you must a. Immediately record the specifics of the claim or suit and the date received and b. Notify us in writing as soon as practicable. 3. You and any other involved insured must a. Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit b. Authorize us to obtain records and other information c. Cooperate with us in the investigation or settlement of the claim or defense against the suit and Page 13 of 19 XS20835 0806 | 1 |
G. H. d. Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. 4. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our written consent. Inspection and Audit 1. We will be permitted but not obligated to inspect the insured s property and operations. Neither our right to make inspections nor the making thereof nor any report thereon will constitute an undertaking on behalf of or for the benefit of the insured or others to determine or warrant that such property or operations are safe. 2. We may examine and audit the insured s books and records during the policy period and any extensions thereof within three 3 years after the termination date of this policy. Legal Action Against Us 1. No person or organization has a right under this policy to join us as a party or otherwise bring us into a suit asking for damages from an insured. 2. You will have no right of action against us under this policy unless all of its terms have been fully complied with and the amount that you seek to recover has been determined by settiement with our consent or by final judgment against an insured. Maintenance of Underlying Insurance During the policy period you agree 1. To keep underlying insurance and renewals or replacements thereof in full force and effect. 2. That the limits of underlying insurance will be maintained except for any reduction or exhaustion of such limits by the payment of loss that would be covered by this policy. 3. That the terms and conditions of underlying insurance will not materially change during the policy period. That any renewal or replacement of underlying insurance will not be more restrictive in coverage. That underlying insurance may not be canceled or non renewed by you without notifying us and you agree to notify us in the event an insurance company cancels or declines to renew any underlying insurance. Failure to maintain the underlying insurance as provided by this condition will not invalidate this policy. This policy will apply as if the underlying insurance were maintained as required by this policy. J. Other Insurance If valid and collectible other insurance applies to damages that are also covered by this policy this policy will apply excess of the other insurance and will not contribute with such other insurance. This provision will not apply if the other insurance is written to be excess of this policy. Premium The first Named Insured shown in the Declarations will be responsible for payment of all premiums when due. The premium stated in the Declarations is a flat premium. It is not subject to adjustment except as provided herein or as changed by an endorsement to this policy issued by us. 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 1. As if each Named Insured were the only Named Insured and Page 14 of 19 XS20835 0806 | 1 |
vi 2. Separately to each insured against whom claim is made or suit is brought. M. Titles The titles to the various parts sections subsections and endorsements of this policy are intended solely for ease of reference and do not in any way limit expand or otherwise affect the provisions of such parts sections subsections and endorsements. N. Transfer of Rights of Recovery Against Others to Us 1. If the insured has rights to recover all or part of any payment we have made under this policy those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. 2. Any amount recovered will be apportioned in the inverse order of payment of loss to the extent of actual payment. The expenses of all such recovery proceedings will be apportioned in the ratio of respective recoveries. 3. If you and the insurer of underlying insurance waive any right of recovery against a specific person or organization for damages as required under an insured contract we will also waive any such rights we may have against such person or organization provided that the bodily injury or property damage occurs subsequent to the execution of the insured contract. 0. When Loss is Payable Coverage under this policy will not apply until the insured or the insured s underlying insurer has paid or is obligated to pay the full amount of the retained limit. When the amount of damages 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 damages covered under the terms of this policy. The first Named Insured will promptly reimburse us for any amount within the retained limit paid by us.. DEFINITIONS A. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition 1. Notices that are published include material placed on the Internet or on similar electronic means of communication and 2. Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. B. Auto means a land motor vehicle trailer or semi trailer designed for travel on public roads including any attached machinery or equipment. But auto does not include mobile equipment. C. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time. Bodily injury includes mental anguish or mental injury resulting from bodily injury. D. Coverage territory means anywhere in the world except to the extent that trade or economic sanctions or other laws or regulations prohibit us from providing insurance including but not limited to the payment of claims. E. Employee means an individual working for you in return for remuneration. Employee includes a leased worker. Employee does not include a temporary worker or independent contractor. F. Executive officer means a person holding any of the officer positions created by your charter constitution by laws or any other similar governing document. G. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. H. Impaired property means tangible property other than your product or your work that can not be used or is less useful because Page 15 of 19 XS20835 0806 | 1 |
1. It incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or 2. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by 1. The repair replacement adjustment or removal of your product or your work or 2. Your fulfilling the terms of the contract or agreement. Insured means a person or organization meeting the qualifications set forth in Section Il Who Is An Insured. Insured contract means that part of any contract or agreement pertaining to your business under which any insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Insured contract does 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. thatindemnifies an architect engineer or surveyor for injury or damage arising out of a. preparing approving or failing to approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b. giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3. under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those shown in subparagraph 2 above and supervisory inspection architectural or engineering activities. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. Loading or unloading means the handling of property 1. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto 2. Whileitis in or on an aircraft watercraft or auto or 3. 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.. Loss means those sums paid in the settlement a claim or suit or satisfaction of a judgment which the insured is legally liable to pay as damages because of bodily injury property damage or personal and advertising injury after making proper deduction for all recoveries and salvages.. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment 1. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads 2. Vehicles maintained for use solely on or next to premises you own or rent 3. Vehicles that travel on crawler treads 4 Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted Page 16 of 19 XS20835 0806 | 1 |
a. Power cranes shovels loaders diggers or drills or b. Road construction or resurfacing equipment such as graders scrapers or rollers 5. Vehicles not described in 1 2 3 or 4 above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types a. Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or b. Cherry pickers and similar devices used to raise or lower workers 6. Vehicles not described in 1 2 3 or 4 above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos a. Equipment designed primarily for i. Snow removal ii. Road maintenance but not construction or resurfacing or iii. Street cleaning b. Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and c. Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. 0. Occurrence means P. 1. With respect to bodily injury or property damage an accident including continuous or repeated exposure to substantially the same general harmful conditions. All such exposure to substantially the same general conditions shall be considered as arising out of the same occurrence regardless of the frequency or repetition thereof or the number of claimants. 2. With respect to personal and advertising injury a covered offense. All damages that arise from the same act publication or general conditions are considered to arise out of the same occurrence regardless of the frequency or repetition thereof the number or kind of media used or the number of claimants. Other insurance means a policy of insurance providing coverage for damages covered in whole or in part by this policy. Other insurance does not include underlying insurance the amount shown in the Declarations as the Self Insured Retention or any policy of insurance specifically purchased to be excess of this policy and providing coverage that this policy also provides. Policy period means the time between the inception date of this policy shown in the Declaration and the expiration date shown or earlier termination date of this policy. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses 1. False arrest detention or imprisonment 2. Malicious prosecution 3. The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor 4. Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services 5. Oral or written publication in any manner of material that violates a person s right of privacy Page 17 of 19 XS20835 0806 | 1 |
S. V. 6. The use of another s advertising idea in your advertisement or 7. Infringing upon another s copyright trade dress or slogan in your advertisement. Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. As used in this definition waste includes materials to be recycled reconditioned or reclaimed. Products completed operations hazard 1. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except a. Products that are still in your physical possession or b. Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times i. When all of the work called for in your contract has been completed. ii. When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. ii. When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. 2. Does not include bodily injury or property damage arising out of a. The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured b. The existence of tools uninstalled equipment or abandoned or unused materials. Property damage means 1. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use will be deemed to occur at the time of the physical injury that caused it or 2. Loss of use of tangible property that is not physically injured. All such loss of use will be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. Retained limit means either of the following 1. The total applicable limits of underlying insurance and any applicable limit of other insurance providing coverage to the insured or 2. The amount shown in the Declarations as the Self Insured Retention applicable to each occurrence that results in damages not covered by underlying insurance or other insurance. W. Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes 1. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or 2. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. Page 18 of 19 XS20835 0806 | 1 |
X. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Y. Underlying insurance means the policy or policies of insurance listed in the Schedule of Underlying Insurance attached to and forming a part of this policy. Z. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. AA. Your product 1. Means a. Any goods or products other than real property manufactured sold handled distributed or disposed of by 1 You 2 Others trading under your name or 3 A person or organization whose business or assets you have acquired and b. Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. 2. Includes a. Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and b. The providing of or failure to provide warnings or instructions. 3. Does not include vending machines or other property rented to or located for the use of others but not sold. BB. Your work 1. Means a. Work or operations performed by you or on your behalf and b. Materials parts or equipment furnished in connection with such work or operations. 2. Includes a. Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and b. The providing of or failure to provide warnings or instructions. Page 19 of 19 XS20835 0806 | 1 |
Schedule of Underlying Insurance g With ACE PaC Underlying Insurance POLICY NUMBER X0O0 G24922017 002 ACE PaC Pollution and Casualty Insurance Coverage Insurance Company Policy Number Policy Period Illinois Union Insurance Company APC G24922005 002 01012014 to 01012015 Limits of Insurance Coverages A B C and G General Aggregate 2000000 Products Completed Operations 2000000 Aggregate Personal and Advertising Injury 1000000 Each Occurrence 1000000 Coverage D Eand F Aggregate Pollution Limit 2000000 Each Pollution Condition Limit 1000000 Automobile Liability Insurance Company Policy Number Policy Period Liberty Mutual Fire Insurance AS2 Z91 450700 024 01012014 to 01012015 Company Limits of Insurance Combined Single Limit 1000000 Each Accident Employers Liability Insurance Company Policy Number Policy Period Great American Alliance Insurance WC 1708843 02 09012013 to 09012014 Company Limits of Insurance Bodily Injury By Disease 1000000 Each Policy 1000000 Each Employee Bodily Injury by Accident 1000000 Each Accident In any jurisdiction state or province where the amount of Employers Liability Insurance provided by the Underlying Insurers is by law Unlimited the underlying Employers Liability limits shown in the above schedule do not apply and no coverage shall be provided for Employers Liability under this policy. Schedule of Underlying Insurance With ACE PaC Underlying Insurance nce Company ges A B Cand G verage D E and F Policy Number APC G24922005 002 General Aggregate Products Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Aggregate Pollution Limit Each Pollution Condition Limit Policy Period 01012014 to 01012015 2000000 2000000 1000000 1000000 2000000 1000000 Loverages A b L and Coverage D E and F Limit lition Limit surance Company iberty Mutual Fire Insurance ompany mits of Insurance Policy Period 024 01012014 to 01012015 Limit 1000000 1ce Insurance Policy Number WC 1708843 02 Bodily Injury By Disease Bodily Injury by Accident Policy Period 09012013 to 09012014 1000000 Each Policy 1000000 Each Employee 1000000 Each Accident mits of Insurance Bo Bo 2009 PCX26797 0309 Page 1 of 1 | 2 |
Illinois Union INSURANCE COMPANY 525 West Monroe Street Suite 700 Chicago IL 60661 NOTICE POLICY NO. NAME OF INSURED ADDRESS We are pleased to enclose your policy for this account. Please be advised that by binding this risk with the above referenced Surplus Lines Insurance Company you agree that as the Surplus Lines Broker responsible for the placement of this insurance policy it is your obligation to comply with all States Surplus Lines Laws including completion of any declarations affidavits that must be filed as well as payment of any and all Surplus Lines taxes that must be remitted to the States. We will look to you for indemnification if controlling Surplus Lines Laws are violated by you as the Surplus Lines broker responsible for the placement. The Surplus Lines Broker further confirms that this risk has been declined by three admitted carriers not including any insurer affiliated with the Surplus Lines Insurance Company. Thank you for this placement and your regulatory compliance. Date WSG084 1003 | 2 |
FOLLOW FORM ACE PaC COVERAGE ENDORSEMENT SINGLE AGGREGATE LIMIT Named Insured Endorsement Number Goradia Capital LLC Policy Symbol Policy Number Policy Period Effective Date of Endorsement X00 G24922017 002 01012014 to 01012015 01012014 Issued By Name of Insurance Company Illinois Union Insurance Company Tnsert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY The policy is amended as follows A. ACE PaC Follow Form Coverage Notwithstanding anything in the policy to the contrary when the underlying insurance is provided under an ACE PaC Pollution and Casualty Insurance Coverage policy it is agreed that the definitions terms conditions limitations and exclusions of the underlying insurance in effect as of the inception of this policy apply to this coverage subject to the premium limits of insurance and policy period of this policy. Except for the inclusion of Catastrophe Management Coverage the insurance provided by this policy will not be broader than the insurance coverage provided by such policy of underlying insurance. Any conditions or exclusions in such policy of underlying insurance that limit or restrict the insurance coverage provided thereunder shall also limit and restrict the coverage provided under this policy. This follow form endorsement does not apply to the following coverages provided by the policies listed in the Schedule of Underlying Insurance Coverage Name of Insurer Policy Number Policy Period B. Catastrophe Management Coverage When the underlying insurance is provided under an ACE PaC policy the definition of catastrophe management event in the Catastrophe Management Coverage Endorsement is replaced with the following Catastrophe management event means an occurrence or pollution condition that in the good faith opinion of a key executive of the Named Insured has resulted in or is reasonably likely to result in 1 bodily injury property damage personal and advertising injury or remediation costs covered by this policy 2 that are in excess of the retained limit and 3 a need for catastrophe management services due to adverse media coverage. Catastrophe management event will include occurrences or pollution conditions resulting from explosions and other man made disasters serious accidents resulting in multiple deaths burns dismemberment injuries traumatic brain injuries permanent paralysis injuries or injuries from contamination of food drink or pharmaceuticals. For the purposes of this definition retained limit shall include the self insured retentions applicable to coverage provided in the underlying insurance. 2012 PCX26386a 0812 Page 1 of 2 | 2 |
C. Limits of Insurance The Limits of Insurance are deleted and replaced with the following A. The Limits of Insurance identified in the Declarations and the rules below fix the most we will pay regardless of the number of 1. Insureds 2. Claims made or suits or government actions brought or 3. Persons or organizations making claims or bringing suits. B. The General Aggregate Limit is the most we will pay for all damages except 1. Damages because of bodily injury property damage or remediation costs included in the products completed operations hazard 2. Damages because of bodily injury or property damage arising out of the ownership maintenance or use of a covered auto C. The Products Completed Operations Aggregate Limit is the most we will pay for damages because of bodily injury and property damage and remediation costs included in the products completed operations hazard. D. Subject to Paragraphs B and C above the Each Occurrence Limit shown in the Declarations is the most we will pay for the sum of all damages because of bodily injury property damage personal and advertising injury and remediation costs for a pollution condition included in the products completed operations hazard arising out of any one occurrence. Subject to Paragraph B. above the Each Pollution Condition Limit is the most we will pay for 1. All claims arising from the same continuous repeated or related pollution conditions and 2. All claims or government actions including any associated legal defense expense arising from the same continuous repeated or related pollution conditions. E. If the applicable limits of underlying insurance have been 1. Reduced by the payment of loss covered by this policy then this policy will be excess of the reduced limit of underlying insurance. 2. Exhausted by the payment of loss covered by this policy then this policy will continue in force as underlying insurance. F. The Limits of Insurance for 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 Limits of Insurance. Al other terms and conditions of this policy remain unchanged. Authorized Representative 2012 PCX26386a 0812 Page 2 of 2 | 2 |
MAINTENANCE OF UNDERLYING INSURANCE ACE PaC Named Insured Goradia Capital LLC Endorsement Number Policy Symbol X00 Policy Number Policy Period G24922017 002 01012014 to 01012015 Effective Date of Endorsement 01012014 Issued By Name of Insurance Company Illinois Union Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement s issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY The policy is amended as follows With respect to underlying insurance that is an ACE PaC Pollution and Casualty Insurance Coverage policy Condition. Maintenance of Underlying Insurance is deleted and replaced by the following I. Maintenance of Underlying Insurance During the policy period you agree 1. To keep underlying insurance and renewal or replacements thereof in full force and effect 2. That the limits of underlying insurance will be maintained except for any reduction or exhaustion of such limits by the payment of loss that would be covered by this policy 3. That you will not change the terms or conditions of such underlying insurance or the insurance company providing such underlying insurance and 4. That you will not cancel or replace such underlying insurance. Al other terms and conditions of this policy remain unchanged. Authorized Representative PCX26798 0309 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
CATASTROPHE MANAGEMENT COVERAGE ENDORSEMENT Named Insured Endorsement Number Goradia Capital LLC Policy Symbol Policy Number Policy Period Effective Date of Endorsement X00 G24922017 002 01012014 to 01012015 01012014 Issued By Name of Insurance Company Illinois Union Insurance Company Tnsert the policy number. The remainder of the information is to be completed only when this endorsement s issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies all insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY SECTION L. INSURING AGREEMENT is amended to include the following Catastrophe Management Cost Limit of Insurance 250000 Annual Limit Catastrophe Management Coverage A. Subject to the terms and conditions of this endorsement we will pay catastrophe management costs to third parties at the request of and on behalf of the insured arising from a catastrophe management event first commencing during the policy period up to the amount of the catastrophe management costs Limit of Insurance shown in the Declarations. B. A catastrophe management event will be deemed to first commence at the time during the policy period when a key executive first becomes aware of an occurrence that gives rise to the catastrophe management event and will end when we determine that any one of the necessary elements listed in the definition of a catastrophe management event no longer exists or when the catastrophe management cost Limit of Insurance shown in the Declarations has been exhausted whichever occurs first. C. There will be no retained limit applicable to catastrophe management costs except as it applies to a determination of whether the definition of catastrophe management event applies. D. Payment of catastrophe management costs will not be applied to or erode the aggregate limits of the policy. E. Any payment of catastrophe management costs that we make under the coverage provided by this endorsement will not 1 be a determination of any other rights or obligations under this policy 2 create any duty to defend any suit under any other part of this policy or 3 operate as a waiver of any right or defense we have with respect to the coverage under the policy including Condition F. Duties in the event of occurrence claim or suit. F. For purposes of this endorsement the following definitions are added to the policy Adverse media coverage means national or regional news exposure in television radio print or internet media that is reasonably likely to have a negative impact on the insured with respect to its income reputation community relations public confidence or good will. Catastrophe management event means an occurrence that in the good faith opinion of a key executive of the Named Insured has resulted in or is reasonably likely to result in 1 bodily injury property damage or personal and advertising injury covered by this policy 2 damages that are in excess of the retained limit and 3 a need for catastrophe management services due to adverse media coverage. Catastrophe management XS22088 0407 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 1 of 2 | 2 |
event will include occurrences resulting from explosions and other man made disasters serious accidents resulting in multiple deaths burns dismemberment injuries traumatic brain injuries permanent paralysis injuries or injuries from contamination of food drink or pharmaceuticals. Catastrophe management firm means any firm that is approved by us and hired by you or us to perform catastrophe management services in connection with a catastrophe management event. Catastrophe management services means those services performed by a catastrophe management firm in advising the insured on minimizing potential harm to the insured from a covered catastrophe management event by managing adverse media coverage and maintaining and restoring public confidence in the insured. Catastrophe management costs means the following reasonable and necessary expenses incurred during a catastrophe management event and directly caused by the catastrophe management event but only to the extent that the insured or a third party arranges for such services resulting in these expenses and the expenses are pre approved by us 1. expenses incurred by a catastrophe management firm in the performance of catastrophe management services for the insured 2. expenses for printing advertising mailing of materials or travel by directors officers employees or agents of the insured or the catastrophe management firm incurred at the direction of a catastrophe management firm expenses to secure the scene of a catastrophe management event 3. medical expenses funeral expenses expenses for psychological counseling travel expenses temporary living expenses or other necessary response costs and approved by us incurred by or advanced to third parties directly harmed by the catastrophe management event. Catastrophe management costs do not include any defense costs. Key executive means the Chief Executive Officer Chief Operating Officer Chief Financial Officer President General Counsel or general partner if the insured is a partnership or sole proprietor if the insured is a sole proprietorship of the insured. A key executive also means any other person holding a title designated by you approved by us and shown by endorsement to this policy. Al other terms and conditions of this policy remain unchanged. Authorized Agent XS22088 0407 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 2 of 2 | 2 |
OCCUPATIONAL DISEASE EXCLUSION Named Insured Endorsement Number Goradia Capital LLC 4 Policy Symbol Policy Number Policy Period Effective Date of Endorsement X00 G24922017 002 01012014 to 01012015 01012014 Issued By Name of Insurance Company Illinois Union Insurance Company Tnsert the policy number. The remainder of the information is to be completed only when this endorsement s issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This Endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY This insurance does not apply to bodily injury to any insured under this policy arising out of an occupational disease. Occupational disease means injury by disease arising out of and in the course of employment. Al other terms and conditions of this policy remain unchanged. Authorized Agent Page 1 of 1 XS20847 0806 | 2 |
ANTI STACKING ENDORSEMENT Named Insured Endorsement Number Goradia Capital LLC 5 Policy Symbol Policy Number Policy Period Effective Date of Endorsement X00 G24922017 002 01012014 to 01012015 01012014 Issued By Name of Insurance Company Illinois Union Insurance Company Tnsert the policy number. The remainder of the information is to be completed only when this endorsement s issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY This insurance is amended to include the following additional Condition If this insurance and any other insurance issued to the Named Insured by us or any of our affiliated companies applies to the same claim suit or occurrence the maximum limit of insurance available for such claim suit or occurrence will not exceed the highest applicable limit of insurance available under any one policy. This condition does not apply to any other insurance issued by us or any of our affiliated companies specifically issued to apply as excess insurance over the limits of this policy. Al other terms and conditions of this policy remain unchanged. Authorized Agent Page 1 of 1 XS20746 0806 | 2 |
POLICY NUMBER XOO G24922017 002 ENDORSEMENT NUMBER 6 COMMERCIAL GENERAL LIABILITY CG 21730108 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY 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 to which this endorsement is applicable and includes but is not limited to bodily injury property dam age personal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part. 2. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act. The criteria 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 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. CG 21730108 ISO Properties Inc. 2007 Page 1 of 1 o | 2 |
TRADE OR ECONOMIC SANCTIONS ENDORSEMENT Named Insured Endorsement Number Goradia Capital LLC 7 Policy Symbol Policy Number Policy Period Effective Date of Endorsement X00 G24922017 002 01012014 to 01012015 01012014 Issued By Name of Insurance Company Illinois Union Insurance Company Tnsert the policy number. The remainder of the information is to be completed only when this endorsement s issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This insurance does not apply to the extent that trade or economic sanctions or other laws or regulations prohibit us from providing insurance including but not limited to the payment of claims. All other terms and conditions of policy remain unchanged. Authorized Agent ALL21101 1106 Ptd. in U.S.A. Page 1 of 1 | 2 |
SERVICE OF SUIT ENDORSEMENT Named Insured Endorsement Number Goradia Capital LLC Policy Symbol Policy Number Policy Period Effective Date of Endorsement X00 G24922017 002 01012014 to 01012015 01012014 Issued By Name of Insurance Company Illinois Union Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Information about service of suits upon us is given below. Service of process of suits against us may be made upon the following person or another person we may designate Saverio Rocca Assistant General Counsel ACE USA Companies 436 Walnut Street Philadelphia PA 19106 3703 The person named above is authorized and directed to accept service of process on our behalf in any action suit or proceeding instituted against us. If you request we will give you a written promise that a general appearance will be entered on our behalf if a suit is brought. If you request we will submit to the jurisdiction of any court of competent jurisdiction. We will accept the final decision of that court or any Appellate Court in the event of an appeal. The law of some jurisdictions of the United States of America require that the Superintendent Commissioner or Director of Insurance or their successor in office be designated as our agent for service of process. In these jurisdictions we designate the Director of Insurance as our true and lawful attorney upon whom service of process on our behalf may be made. We also authorize the Director of Insurance to mail process received on our behalf to the company person named above. If you are a resident of Canada you may also serve suit upon us by serving the government official designated by the law of your province. NOTHING HEREIN CONTAINED SHALL BE HELD TO VARY ALTER WAIVE OR EXTEND ANY OF THE TERMS CONDITIONS OR LIMITATIONS OF THE POLICY TO WHICH THIS ENDORSEMENT IS ATTACHED OTHER THAN AS ABOVE STATED. Authorized Agent XS1U9e 206 Readable THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Information about service of suits upon us is given below. Service of process of suits against us may be made upon the following person or another person we may designate Saverio Rocca Assistant General Counsel ACE USA Companies 436 Walnut Street Philadelphia PA 19106 3703 The person named above is authorized and directed to accept service of process on our behalf in any action suit or proceeding instituted against us. If you request we will give you a written promise that a general appearance will be entered on our behalf if a suit is brought. If you request we will submit to the jurisdiction of any court of competent jurisdiction. We will accept the final decision of that court or any Appellate Court in the event of an appeal. The law of some jurisdictions of the United States of America require that the Superintendent Commissioner or Director of Insurance or their successor in office be designated as our agent for service of process. In these jurisdictions we designate the Director of Insurance as our true and lawful attorney upon whom service of process on our behalf may be made. We also authorize the Director of Insurance to mail process received on our behalf to the company person named above. If you are a resident of Canada you may also serve suit upon us by serving the government official designated by the law of your province. NOTHING HEREIN CONTAINED SHALL BE HELD TO VARY ALTER WAIVE OR EXTEND ANY OF THE TERMS CONDITIONS OR LIMITATIONS OF THE POLICY TO WHICH THIS ENDORSEMENT IS ATTACHED OTHER THAN AS ABOVE STATED. Authorized Agent THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Information about service of suits upon us is given below. Service of process of suits against us may be made upon the following person or another person we may designate Saverio Rocca Assistant General Counsel ACE USA Companies 436 Walnut Street Philadelphia PA 19106 3703 The person named above is authorized and directed to accept service of process on our behalf in any action suit or proceeding instituted against us. If you request we will give you a written promise that a general appearance will be entered on our behalf if a suit is brought. If you request we will submit to the jurisdiction of any court of competent jurisdiction. We will accept the final decision of that court or any Appellate Court in the event of an appeal. The law of some jurisdictions of the United States of America require that the Superintendent Commissioner or Director of Insurance or their successor in office be designated as our agent for service of process. In these jurisdictions we designate the Director of Insurance as our true and lawful attorney upon whom service of process on our behalf may be made. We also authorize the Director of Insurance to mail process received on our behalf to the company person named above. If you are a resident of Canada you may also serve suit upon us by serving the government official designated by the law of your province. nan nan nan nan 3703.0 NOTHING HEREIN CONTAINED SHALL BE HELD TO VARY ALTER WAIVE OR EXTEND ANY OF THE TERMS CONDITIONS OR LIMITATIONS OF THE POLICY TO WHICH THIS ENDORSEMENT IS ATTACHED OTHER THAN AS ABOVE STATED. Authorized Agent | 2 |
SIGNATURE ENDORSEMENT Named Insured Goradia Capital LLC Policy Symbol Policy Number Policy Period Effective Date of Endorsement X00 G24922017 002 01012014 to 01012015 01012014 Issued By Name of Insurance Company lllinois Union Insurance Company Endorsement Number Insert the policy number. The remainder of the information is to be completed only when this endorsement s issued subsequent to the preparation of the policy. THE ONLY SIGNATURES APPLICABLE TO THIS POLICY ARE THOSE REPRESENTING THE COMPANY NAMED ON THE FIRST PAGE OF THE DECLARATIONS. By signing and delivering the policy to you we state that it is a valid contract when countersigned by our authorized representative. ILLINOIS UNION INSURANCE COMPANY A stock company 525 W. Monroe Street Suite 400 Chicago lllinois 60661 WESTCHESTER SURPLUS LINES INSURANCE COMPANY A stock company Royal Centre Two 11575 Great Oaks Way Suite 200 Alpharetta GA 30022 JOHN J. LUPICA. President CARMINE A. GIGANTI Secretary Authorized Representative LD5S23i 1211 | 2 |
Illinois Union Insurance Company Insurance Company Goradia Capital LLC Policyholder X0O0 G24922017 002 Policy Number Lockton Companies Broker Producer POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE You were notified that under the Terrorism Risk Insurance Act as amended that you have the right to purchase insurance coverage for losses resulting from acts of terrorism as defined in Section 1021 of the Act The term act of terrorism means any 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 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 the United States in the case of certain air carriers or vessels 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. YOU SHOULD KNOW THAT WHERE COVERAGE IS PROVIDED FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM SUCH LOSSES MAY BE PARTIALLY REIMBURSED BY THE UNITED STATES GOVERNMENT UNDER A FORMULA ESTABLISHED BY FEDERAL LAW. HOWEVER SUCH POLICIES MAY CONTAIN OTHER EXCLUSIONS WHICH MIGHT AFFECT COVERAGE SUCH AS AN EXCLUSION FOR NUCLEAR EVENTS. UNDER THE FORMULA THE UNITED STATES GOVERNMENT GENERALLY REIMBURSES 85 OF COVERED TERRORISM LOSSES EXCEEDING THE STATUTORILY ESTABLISHED DEDUCTIBLE PAID BY THE INSURANCE COMPANY PROVIDING THE COVERAGE. THE PREMIUM FOR THIS COVERAGE IS PROVIDED BELOW AND DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS THAT MAY BE COVERED BY THE FEDERAL GOVERNMENT UNDER THE ACT. YOU SHOULD ALSO KNOW THAT THE TERRORISM RISK INSURANCE ACT AS AMENDED CONTAINS A 100 BILLION CAP THAT LIMITS U.S. GOVERNMENT REIMBURSEMENT AS WELL AS INSURERS LIABITY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM WHEN THE AMOUNT OF SUCH LOSSES IN ANY ONE CALENDAR YEAR EXCEEDS 100 BILLION. IF THE AGGREGATE INSURED LOSSES FOR ALL INSURERS EXCEED 100 BILLION COVERAGE MAY BE REDUCED. You elected NOT to purchase terrorism coverage under the Act at the price indicated. ACCORDINGLY WE WILL NOT PROVIDE THIS COVERAGE AND YOU DO NOT OWE THE ADDITIONAL PREMIUM FOR THAT COVERAGE INDICATED BELOW. Terrorism coverage described by the Act under your policy was made available to you for additional premium in the amount of 20249 however you elected to decline such coverage. TRIA15 0108 Illinois Union Insurance Company Insurance Company Goradia Capital LLC Policyholder X0O0 G24922017 002 Policy Number Lockton Companies Broker Producer POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE TRIA15 0108 | 2 |
COMMERCIAL UMBRELLA LIABILITY INFORMATION FOR POLICYHOLDERS TO HELP YOU IN THE EVENT OF A CLAIM FOR CATASTROPHE MANAGEMENT COVERAGE A CATASTROPHE MANAGEMENT COVERAGE ENDORSEMENT is attached to your commercial umbrella liability policy from ACE Excess Casualty. This informational notice has been prepared in conjunction with the implementation of changes to your policy. It contains a brief synopsis of the Catastrophe Management Coverage endorsement. Please read your policy and the endorsements attached to your policy carefully. When this endorsement is attached to your policy Insurance is provided for covered catastrophe management costs arising out of a catastrophe management event as defined in the endorsement. e In order to activate your catastrophe management coverage make a claim you must call the following toll free number 1 877 366 3747 e If you attempt to report directly to a firm that provides catastrophe management services on our behalf you will be re directed to the toll free number shown above. Please be prepared to provide the following information o Caller s name title and contact telephone number Name of Insured Policy Number A description of the incident Any witnesses Property Product or Vehicle Information Incident Location Contact Person Number and nature of bodily injuries including any fatalities and the number of people injured o Current status of the situation 0 00O0O0O0O0O0 The coverage description in this notice is a summary only. It is not part of the policy and does not amend or alter your policy. Please see your policy for actual terms and conditions. ACE Excess Casualty is one of the U.S.based business groups of ACE USA. Insurance policies are issued by ACE Property and Casualty insurance Company or one of its insurance company dffiliates. XS22552 062007 | 2 |
ACE USA X llinois Union Insurance Company Westchester Surplus Lines Insurance Company Insured Goradia Capital LLC 16800 Imperial Valley Drive Suite 499 Houston TX 77060 Attached To Policy No. XOO G24922017 002 Effective Date January 1 2014 TEXAS SURPLUS LINES NOTIFICATION THIS INSURANCE CONTRACT IS WITH AN INSURER NOT LICENSED TO TRANSACT INSURANCE IN THIS STATE AND IS ISSUED AND DELIVERED AS A SURPLUS LINE COVERAGE UNDER THE TEXAS INSURANCE STATUTES. THE TEXAS DEPARTMENT OF INSURANCE DOES NOT AUDIT THE FINANCES OR REVIEW THE SOLVENCY OF THE SURPLUS LINES INSURER PROVIDING THIS COVERAGE AND THIS INSURER IS NOT A MEMBER OF THE PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION CREATED UNDER CHAPTER 462 INSURANCE CODE. CHAPTER 225 INSURANCE CODE REQUIRES PAYMENT OF 4.85 PERCENT TAX ON GROSS PREMIUM. NOTHING HEREIN CONTAINED SHALL BE HELD TO VARY ALTER WAIVE OR EXTEND ANY OF THE TERMS CONDITIONS OR LIMITATIONS OF THE POLICY TO WHICH THIS NOTICE IS ATTACHED OTHER THAN AS STATED ABOVE. SL17905 Ed. 0409 Page 1 of 1 | 2 |
Information and Complaints a c e gro u p This information is being provided to you pursuant to the requirements of Title 28 Part 1 Chapter 1 Subchapter E. 1.601 of the Texas Administrative Code relating to our Toll Free information and complaint number. IMPORTANT NOTICE To obtain information or make a complaint You may call the Company s toll free telephone number for information or to make a complaint at 1800 352 4462 You may also write to the Company at ACE USA Customer Services PO Box 1000 Philadelphia PA 19106 3703 You may contact the Texas Department of Insurance to obtain information on companies coverages rights or complaints at AVISO IMPORTANTE Para obtener informacion o para someter una queja Usted puede llamar al numero de telefono gratis de la Compania para informacion o para someter una queja al 1 800 352 4462 Usted tambien puede escribir a la Compania ACE USA Customer Services PO Box 1000 Philadelphia PA 19106 3703 Puede communicarse con el Departmento de Seguros de Texas para obtener informacion acerca de companias coberturas derechos o quejas al 1800 252 3439 Puede escribir al Departamento de Seguros de Texas P.O. Box 149104 AUSTIN TX 78714 9104 FAX 512 475 1771 Web httpwww.tdi.texas.gov E mail ConsumerProtectiontdi.texas.gov DISPUTAS SOBRE PRIMAS O RECLAMOS Si tiene una disputa concerniente a su prima o un reclamo debe comunicarse con el agente o la compania primero. Si no se resuelve la disputa puede entonces communicarse con el departmento de Seguros en Texas UNA ESTE AVISO A SU POLIZA Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. 1800 252 3439 You may write the Texas Department of Insurance P. 0. Box 149104 AUSTIN TX 78714 9104 FAX 512 475 1771 Web httpwww.tdi.texas.gov E mail ConsumerProtection PREMIUM OR CLAIM DISPUTES Should you have a dispute concerning your premium or about a claim you should contact your agent or the company first. If the dispute is not resolved you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY This notice is for information only and does not become a part or condition of the attached document. ALL4Y30e 0713 | 2 |
ACE USA ACE USA Phone 1.866.357.3797 Risk Control Services Fax 215.640.5084 436 Walnut Street www.aceina.com Philadelphia PA 19106 3703 National Manager Juri Phone 1.866.357.3797 Fax 215.640.5084 www.aceina.com RE RISK CONTROL SERVICES FOR TEXAS POLICYHOLDERS Commercial Automobile Liability General Liability Professional Liability and Medical Professional Liability other than Hospitals The ACE Companies are required by Texas law and regulations to maintain or provide accident prevention services for its commercial automobile general liability and professional liability policyholders. The Ace Companies offer an array of accident prevention services in Texas at no additional charge. These services are intended to help prevent andor minimize loss. These services include but are not limited to individual risk surveys improvement recommendations loss investigation specific loss problem identification and recommended improvement actions. ACE may recommend one or more of these services based upon hazard experience and size of your Texas operations. You have the choice of receiving or declining any of the services offered. If you wish to decline all of the services or wish to receive only selected risk control service please indicate that by signing and dating this letter in the space provided below. Please mail or fax to the captioned address or fax number. If you decline all of ACE s risk control services or choose only a support service such as ergonomics survey driving training or other services and not a complete risk survey we still have a responsibility under Texas law and regulation to monitor your losses. In the event you start to have a loss problem and a trend is established andor adverse loss ratio is developed we will contact you and offer to assist you in addressing the situation. Sincerely National Manager Jurisdictional Regulatory Services AGE USA Risk Control Services 436 Walnut Street Philadelphia PA 19105 1000 o call toll free at 1 866 357 3797 am aware of the loss control services offered and decline them. have made other arrangements for these services. I wish to obtain the following offered accident prevention services I have no risk control services needs now. reserve the right to request loss control services within the period. Signature Print Name Phone Policy Date Company Name Address City State Zip One of the ACE Group of Insurance Reinsurance Companies This Company has undertaken a survey of your premises equipment or operations whichever is pertinent to the type of insurance applied for or provided for the purpose of supporting the functions of risk underwriting. Any recommendations or information provided is not intended as a substitute for advice from a safety expert or legal counsel you may retain for your own purposes. It is not intended to supplant any legal duty you may have to provide a safe premises workplace product or operation. ALL11559d 1007 | 2 |
IL P 0010104 U. S. TREASURY DEPARTMENT S OFFICE OF FOREIGN ASSETS CONTROL OFAC ADVISORY NOTICE TO POLICYHOLDERS No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Notice provides information concerning possible impact on your insurance coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of Foreign Assets Control OFAC administers and enforces sanctions policy based on Presidential declarations of national emergency. OFAC has identified and listed numerous 1 Foreign agents 1 Front organizations 1 Terrorists 1 Terrorist organizations and 1 Narcotics traffickers as Specially Designated Nationals and Blocked Persons. This list can be located on the United States Treasury s web site httpwww.treas.gov ofac. In accordance with OFAC regulations if it is determined that you or any other insured or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person as identified by OFAC this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. 1SO Properties Inc. 2004 IL P 0010104 | 2 |
ACE Producer Compensation Practices Policies ACE believes that policyholders should have access to information about ACE s practices and policies related to the payment of compensation to brokers and independent agents. You can obtain that information by accessing our website athttpwww.aceproducercompensation.com or by calling the following toll free telephone number 1 866 512 2862. ALL20887 1006 | 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 |
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