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G15057 C Ed. 0605 3 Any loss cost or expense arising out of any a Request demand or order 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. g. Watercraft Bodily injury or property damage arising out of the 1 Ownership 2 Maintenance 3 Useor 4 Entrustment to others of a watercraft owned or operated by or rented or loaned to an insured. Use includes operation or 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 incident which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 Awatercraft you do not own that is a Less than 55 feet long and b Not being used to carry persons or property for a charge or 3 Liability assumed under an insured contract for the ownership maintenance or use of watercraft. h. Aircraft The ownership maintenance operation use entrustment to others or loading or unloading of any aircraft 1 Owned by an insured or 2 Chartered without crew by an insured or on an insured s behalf. G15057 C Ed. 0605 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 incident which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft that is owned or operated by or rented or loaned to any insured. War Any liability arising out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Damage to Property Property damage to 1 Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you 4 Personal property in the care custody or control of the insured s 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. 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. 20186616.8080966000200 Page 4 of 17 | 1 |
G15057 C Ed. 0605 Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard. k. Damage to your Product Property damage to your product arising out of it or any part of it. I. Damage to you 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. m. 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. n. Recall of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. o. E.RIS.A. Liability for alleged or actual violations of the Employees Retirement Income Security Act of 1974 or any amendments or additions thereto. p. Directors and Officers Liability for a wrongful act error omission or breach of duty by an insured in the performance of the office of director or officer of an organization. G15057 C Ed. 0605 Uninsured Underinsured Motorist and Similar Laws Liability imposed on the insured under an uninsured underinsured motorist law a personal injury protection law a reparations benefit law or other similar law. Electronic Data Any liability arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. Nonemployment Related Discrimination To any alleged or actual nonemployment related discrimination committed intentionally against a person. Asbestos 1 Bodily Injury property damage or personal and advertising injury arising out of the actual alleged or threatened exposure at any time to asbestos or 2 Any loss cost or expense that may be awarded or incurred a By reason of a claim or suit for any such injury or damage or b In complying with a governmental direction or request to test for monitor clean up remove contain or dispose of asbestos. Fungi and Microbes 1 Bodily injury property damage or personal and advertising injury which would not have occurred in whole or in part but for the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or microbes or 2 Any loss cost or expense arising out of the testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or microbes by any insured or by anyone else. This exclusion applies regardless of any other cause or event that contributes concurrently or in any sequence to such injury or damage loss cost or expense. Silica 1 Bodily injury arising in whole or in part out of the actual alleged or threatened respiration or ingestion at any time of silica or Page 5 of 17 | 1 |
G15057 C Ed. 0605 aa. 2 Personal and advertising injury or property damage arising in whole or in part out of the actual alleged or threatened presence of silica. Named Insured vs. Named Insured Any liability arising out of claims or suits by a named insured against another named insured. Employment Related Practices Any liability arising out of 1 Arefusal to employ 2 Termination of employment 3 Demotion evaluation reassignment discipline 4 Coercion defamation discrimination harassment or humiliation or any other employment related practices policies acts or omissions. Terrorism Limitation Bodily injury or property damage arising out of any act of terrorism unless and then only to the extent that coverage is provided by scheduled underlying insurance. Liquor Liability Limitation Bodily injury or property damage for which an 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 unless and then only to the extent that coverage is provided by scheduled underlying insurance. Auto and Mobile Equipment Limitation Any liability arising out of the 1 Ownership 2 Maintenance 3 Useor 4 Entrustment to others of an automobile or mobile equipment owned or operated by or rented or loaned to an insured unless and then only to the extent that coverage is provided by scheduled underlying insurance. bb. To the extent that this insurance applies to an automobile or mobile equipment it is further subject to the pollution exclusion exclusion f. of this policy. Use includes operation or loading or unloading. Do Not Call Any liability arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 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 the CAN SPAM Act of 2003 that prohibits or limits the sending transmitting communicating or distribution of material or information. SECTION Il WHO IS AN INSURED Named Insured means any individual or organization stated in the Declarations of this policy and if you are designated in the Declarations of this policy as a. An individual you and your spouse but only with respect to the conduct of a business of which you are the sole owner. If you are designated in the Declarations of this policy as an individual this policy shall not apply to liability arising out of your domestic or non business activities. This does not apply to the ownership maintenance use or loading or unloading of any automobile or to the Personal Umbrella Liability Coverage Part. A partnership or joint venture you and your members your partners and their spouses but only with respect to the conduct of your business. No person or organization is an insured with respect to the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations. An organization other than a partnership or joint venture you and your executive officers and directors but only with respect to their duties as your officers or directors. Your stockholders are also named insureds but only with respect to their liability as stockholders. A limited liability company you and your members but only with respect to the conduct of your business. Your managers are also named insureds but only with respect to their duties as your managers. 0186616.8080966000200 G15057 C Ed. 0605 Page 6 of 17 | 1 |
G15057 C Ed. 0605 No person or organization is an insured with respect to the conduct of any current or past limited liability company that is not shown as a Named Insured in the Declarations. A corporation or organization other than partnerships joint ventures or limited liability companies that you form acquire or gain control of during the policy period but only with respect to bodily injury property damage or personal and advertising injury taking place after you form acquire or gain control of such corporation or organization. 2. Insured means the Named Insured and Your volunteer workers only while performing duties related to the conduct of your business or your employees other than your executive officers and directors if you are an organization other than a partnership joint venture or limited liability company or your members 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 or your business. However none of these employees or volunteer workers is an insured for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company or to a co employee 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 b To the spouse child parent brother or sister of that co employee or volunteer worker as a consequence of Paragraph 1a above For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs 1a or b above or c Arising out of his or her providing or failing to provide professional health care services. 2 Property damage to property a Owned occupied or used by b Rented to in the care custody or control or 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. b. A person or organization for whom you are required by virtue of a written contract entered into prior to the bodily injury property damage or personal and advertising injury occurring or being committed to provide the insurance that is afforded by this policy. This insurance applies only with respect to operations by you or on your behalf or to facilities you own or use but only to the extent of the limits of insurance required by such contract not to exceed the limits of insurance in this policy. c. Any other persons or organizations included as an insured under the provisions of the scheduled underlying insurance shown in the Declarations of this policy and then only for the same coverage except for limits of insurance afforded under such scheduled underlying insurance. However If a blanket additional insured endorsement is attached to the general liability scheduled underlying insurance pursuant to a written or oral contract or agreement between you and another person or organization called additional insured this insurance is excess over such insurance provided to the additional insured subject to the following conditions 1 If the limits specified in the written contract or agreement are less than the limits provided by the scheduled underlying insurance then no coverage is provided to the additional insured under this policy. If the limits specified in the written contract or agreement are greater than the limits provided by the scheduled underlying insurance then this insurance is excess over the insurance provided by the scheduled underlying insurance. The limits of insurance for the additional insured are the lesser of i The limits specified in the written contract or i The limits of the scheduled underlying insurance plus the limits of this policy. SECTION Il LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought c. Persons or organizations making claims or bringing suits. G15057 C Ed. 0605 Page 7 of 17 | 1 |
G15057 C Ed. 0605 H g d. Automobiles aircraft or watercraft to which this policy applies or e. Coverages under which loss is insured in this policy. 2. The limit of insurance shown in the Declarations as the Aggregate Limit is the most we will pay for the sum of all ultimate net loss to which this insurance applies and applies separately to all ultimate net loss a. Included in the products completed operations hazard b. To which and in the same manner an aggregate limit applies under scheduled underlying insurance other than ultimate net loss included in the products competed operations hazard and c. To which no scheduled underlying insurance applies. The Aggregate Limit does not apply to ultimate net loss for which no aggregate limit applies in the scheduled underlying insurance. 3. Subject to 2. above the limit of insurance shown in the Declarations as the Each Incident limit is the most we will pay for the sum of all ultimate net loss to which this insurance applies arising arising out of any one incident. 4. In the event of reduction or exhaustion of the aggregate limits of insurance under scheduled underlying insurance solely by reason of payments of a combination of covered a. Expenses b. Settlements or c. Judgments paid thereunder as a result of bodily injury property damage or personal and advertising injury taking place during this policy period this policy shall subject to this limit of insurance provision and to the remaining terms and provisions and conditions of this policy a. Apply in excess of such reduction of scheduled underlying insurance or b. Apply in place of the exhausted amount of scheduled underlying insurance. Nothing in a. or b. above shall serve to increase the limits of insurance shown in the Declarations. 5. The limits of this policy shall apply separately to a. Each consecutive annual period and b. Remaining periods 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 G15057 C Ed. 0605 than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the limits of insurance. SECTION IV CONDITIONS 1. Financial Impairment Bankruptcy rehabilitation receivership liquidation or other financial impairment of you or an underlying insurer shall neither relieve nor increase any of our obligations under this policy. In the event there is diminished recovery or no recovery available to you as a result of such financial impairment of an insurer providing scheduled underlying insurance the coverage under this policy shall apply only in excess of the limits of insurance stated in the scheduled underlying insurance. Under no circumstances shall we be required to drop down and replace the limits of insurance or assume the obligations of a financially impaired insurer. 2. Duties of the Insured a. Inthe event of an incident which has not resulted in a claim or suit. Whenever you have information of an incident which involves injuries or damages likely to involve this policy written notice shall be given by or for you to us or to our authorized agent as soon as practicable. The notice shall contain 1 Particular information sufficient to identify the insured 2 Such information as can be reasonably obtained with respect to time place and circumstances of the occurrence or offense and 3 Names and addresses of the insured and of available witnesses. b. In the Event of Claims or Suit You shall provide us with written notice as soon as practicable whenever 1 A claim is made or suit is brought against you 2 You receive notice that a right to bring claim or suit against you will be asserted or 3 You obtain information that the obligation of underlying insurers to a Investigate b Defend c Pay on behalf of or d Indemnify you has ceased. Page 8 of 17 0186616.8080966000200 Page 8 of 17 | 1 |
G15057 C Ed. 0605 Every demand notice summons amended complaint or other process received by you or your representative shall be forwarded with each notice. 3. Legal Action Against Us No legal action shall be brought against us unless you have fully complied with all the terms of this policy and the amount of your obligation to pay has been finally determined either by a. Judgment against you after actual trial or b. Written agreement between us you and the claimant. 4. Other Insurance This insurance is excess over and will not contribute with any other insurance available to the insured whether such other insurance is stated to be primary contributory excess contingent or otherwise. This condition does not apply to insurance purchased specifically to apply in excess of this insurance. 5. Premium Audit a. We will compute all premiums for this policy in accordance with our rules and rates. b. If the premium is shown in the Declarations as flat the premium for this policy is not subject to adjustment. c. If the premium is shown in the Declarations as adjustable the premium shown as the advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period. Audit premiums are due and payable on notice to the first Named Insured shown in the Declarations. If the sum of the advance and audit premiums paid for the policy term are greater than the earned premium we will return the excess subject to the minimum premium to the first Named Insured shown in the Declarations. d. The first Named Insured shown in the Declarations must keep records of the information we need for premium computation and send us copies at such times as we request. 6. Nonrenewal If we decide not to renew this policy we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. 7. Severability of Interests The insurance afforded applies separately to each insured against whom claim is made or suit is G15057 C Ed. 0605 10. 1. brought. However the inclusion of more than one insured shall not operate to increase the limits of insurance. Annual Rating If this policy is issued for a period in excess of one year the premium may be revised on each annual anniversary in accordance with our rates and rules in effect at that time. Scheduled Underlying Insurance Material change in premium for scheduled underlying insurance shall be promptly reported to us. Premium for this policy may be adjusted to reflect changes in underlying insurance in accordance with our manuals in effect at the time of the change. Maintenance of Scheduled Underlying Insurance While this policy is in force you agree that the policies listed in the Declarations as scheduled underlying insurance and their renewals and replacements shall be maintained without alterations of terms or conditions in full effect during the term of this policy except for reduction or exhaustion of the aggregate limits of insurance in the scheduled underlying insurance provided that such reduction or exhaustion is solely the result of incidents taking place during this policy period and not before. If you fail to maintain scheduled underlying insurance this condition shall not invalidate this policy. However in the event of such failure we will only be liable to the same extent as if you had complied with this condition. Appeals If you or your underlying insurers elect not to appeal a judgment in excess of the limits of insurance afforded by the a. Scheduled underlying insurance b. Unscheduled underlying insurance or c. Retained limit we may elect to appeal. Our limit of liability shall not be increased because of such appeal. We will however pay the following costs and expenses a. All premium bonds to release attachments for an amount not in excess of the applicable limit of liability of this policy b. All premiums on appeal bonds required in such defended suit but without obligation to apply for or furnish such bonds c. Court fees d. Costs and expenses taxed against you by the appellate court and interest accruing after entry of a judgment against you and before we have 1 Paid Page 9 of 17 ent between us you and the T insurance Is staled 0 be primary ss contingent or otherwise. This ot apply to insurance purchased y in excess of this insurance. ute all premiums for this policy in th our rules and rates. is shown in the Declarations as flat for this policy is not subject to n is shown in the Declarations as Page 9 of 17 | 1 |
G15057 C Ed. 0605 H g 2 Offered to pay or 3 Deposited in court the part of the judgment that is within the applicable limit of insurance. Where the underlying insurers terminate their liability to pay interest on the judgment by an offer to pay their limits you shall demand that such limits be paid. If the appeal is successful such amounts not obligated to be paid shall be returned to such underlying insurer. 12. Subrogation In the case of any payments by us under the coverages of this policy we shall be subrogated to all rights of recovery against any other party which you may have and will cooperate with you and all other interests. Amounts recovered shall be apportioned in the following order a. Amounts paid in excess of the payments under this policy shall first be reimbursed up to the amount paid by those including you who made such payments b. We are then to be reimbursed up to the amount we paid c. Any remainder shall be available to the interests of those over whom this coverage is in excess and who are entitled to claim such remainder. Expenses necessary to the recovery of such amounts shall be divided between the interests concerned including you in the ratio of their respective recoveries as finally settled. 13. Settlement of Claims or Suit We may pay but are not obligated to pay any part or all of the amount of the retained limit to effect settlement of a claim or suit. Upon notification of the action taken you shall promptly reimburse us for such part of the retained limit that we had paid. All named insureds are jointly and severally responsible for our reimbursement and agree to make such reimbursement within 30 days after we give you written notice or demand for payment. 14. Sole Agent The insured first named in the Declarations is authorized to act on behalf of all named insureds and other insureds with respect to a. The giving and receiving of notice of cancellation and b. Receiving return premium that may be payable under this policy. The insured first named in the Declarations is responsible for the payment of premiums but the other named Insureds jointly and severally agree to make G15057 C Ed. 0605 such payments in full if the insured first named fails to pay the amount due within 30 days after we give written notice or demand. 15. Trade Sanctions In accordance with laws and regulations of the United States concerning economic and trade embargoes this policy is void ab initio void from its inception with respect to any term or condition of this policy that violates any laws or regulations of the United States concerning economic and trade embargoes including but not limited to the following a. Any insured or any person or entity claiming the benefits of an insured who is or becomes a Specially Designated National or Blocked Person or who is otherwise subject to U.S. economic or trade sanctions b. Any claim or suit that is brought in a Sanctioned Country or by a Sanctioned Country Government where any action in connection with such claim or suit is prohibited by U.S. economic or trade sanctions c. Any claim or suit that is brought by any Specially Designated National or Blocked Person or any person or entity who is otherwise subject to U.S. economic or trade sanctions d. Property that is located in a Sanctioned Country or that is owned by rented to or in the care custody or control of a Sanctioned Country Government where any activities related to such property are prohibited by U.S. economic or trade sanctions or e. Property that is owned by rented to or in the care custody or control of a Specially Designated National or Blocked Person or any person or entity who is otherwise subject to U.S. economic or trade sanctions. As used in this policy a Specially Designated National or Blocked Person is any person or entity that is on the list of Specially Designated Nationals and Blocked Persons issued by the U.S. Treasury Department s Office of Foreign Asset Control O.F.A.C. as it may be from time to time amended. As used in this policy a Sanctioned Country is any country that is the subject of trade or economic embargoes imposed by the laws or regulations of the United States of America. SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition Page 10 of 17 J Insurers terminate their liability to pay 1 the judgment by an offer to pay their shall demand that such limits be paid. If al is successful such amounts not to be paid shall be returned to such g insurer. of any payments by us under the his policy we shall be subrogated to all ery against any other party which you I will cooperate with you and all other unts recovered shall be apportioned in rder paid in excess of the payments under shall first be reimbursed up to the aid by those including you who made ents en to be reimbursed up to the amount nder shall be available to the interests of r whom this coverage is in excess and ntitled to claim such remainder. essary to the recovery of such amounts led between the interests concerned in the ratio of their respective recoveries Claims or Suit out are not obligated to pay any part or ount of the retained limit to effect 1 claim or suit. Upon notification of the ou shall promptly reimburse us for such ained limit that we had paid. All named ointly and severally responsible for our t and agree to make such t within 30 days after we give you or demand for payment. first named in the Declarations is act on behalf of all named insureds and Page 10 of 17 | 1 |
G15057 C Ed. 0605 a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding websites only that part of a website that is about your goods or services for the purposes of attracting customers or supporters is considered an advertisement. 2. Automobile means a. A land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. However automobile does not include mobile equipment. 3. Bodily injury means bodily injury sickness or disease sustained by a person including death humiliation shock mental anguish or mental injury by that person at any time which results as a consequence of the bodily injury sickness or disease. 4. Aircraft means a vehicle designed to transport persons or property in the air. 5. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. ltincorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by a. The repair replacement adjustment or removal of your product or your work or b. Your fulfiling the terms of the contract or agreement. 6. Insured contract means a. Alease of premises b. A sidetrack agreement c. An easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. Anindemnification of a municipality as required by ordinance except in connection with work for a municipality e. An elevator maintenance agreement or f. The part of other contracts or agreements pertaining to your business including an G15057 C Ed. 0605 indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability to pay damages because of bodily injury or property damage to a third person or organization if the contracts or agreements are made prior to the bodily injury or property damage. Tort liability means liability that would be imposed by law in the absence of contracts or agreements. An insured contract does not include that part of a contract or agreement a. That indemnifies an architect engineer or surveyor for an injury or damages arising out of 1 Preparing approving or failing to prepare or approve a Maps b c Opinions d Reports e Surveys Drawings f Change orders g Designs or h 2 Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage Specifications or b. Under which the insured if an architect engineer or surveyor assumes liability for injury or damage arising out of the insured s rendering or failure to render professional services including those listed in a.1 above and supervisory inspection or engineering services or c. That indemnifies a person or organization for damage by fire to premises rented or loaned to an insured. Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or automobile b. While it is in or on an aircraft watercraft or automobile or c. While it is being moved from an aircraft watercraft or automobile 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 automobile. Page 11 of 17 | 1 |
G15057 C Ed. 0605 8. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads Vehicles that travel on crawler treads Vehicles maintained for use solely on or next to premises you own or rent Vehicles whether maintained primarily permanently mounted self propelled or not to provide mobility to 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers Vehicles not described in a. b.. 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 Vehicles not described in a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following type of permanently attached equipment are not mobile equipment but will be considered automobiles 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 automobiles or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a G15057 C Ed. 0605 10. 1. compulsory or financial responsibility law or other motor vehicle insurance law are considered automobiles Incident a. With respect to bodily injury and property damage incident means an occurrence. An occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. With respect to personal and advertising injury incident means an offense arising out of your business. Personal and Advertising Injury means injury including consequential bodily injury arising out of one or more of the following offenses a. b. c. False arrest detention or imprisonment Malicious prosecution or abuse of process Wrongful eviction from wrongful entry into or the 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 Discrimination unless such insurance is prohibited by law Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services Oral or written publication in any manner of material that violates a person s right of privacy The use of another s advertising idea in your advertisement Infringing upon another s copyright trade dress or slogan in your advertisement. Products completed operations hazard includes bodily injury and property damage occurring away from premises an insured owns or rents and arising out of your product or your work except 1 Products in your physical possession or 2 Work not yet completed or abandoned. Your work will be deemed completed at the earliest of the following 1 When all work called for in the insured contract has been completed 2 When all of the work to be done at the site has been completed if the insured s contract calls for work at more than one site or Page 12 of 17 or next to or not obility to resurfacing equipment ers or rollers. b. c. or d. above that are maintained primarily permanently attached types mps and generators lding building cleaning on lighting and well r imilar devices used to a. b. c. or d. above urposes other than the r cargo. hicles with the following he d equipment are not will be considered rimarily for 11. 90186616.8080966000200 Page 12 of 17 | 1 |
G15057 C Ed. 0605 3 When that part of the work done at a job site has been put to its intended use by a person or organization other than another contractor or subcontractor working on the same project. Work that may need a Service b Maintenance c Correction d Repair or e Replacement but which is otherwise complete will be treated as completed. c. 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 on a vehicle created by the loading or unloading of it or 2 The existence of a Tools b Uninstalled equipment or c Abandoned or unused materials. 12. 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 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. 13. Suit means a civil proceeding in which damages because of a. Bodily injury b. Property damage or c. Personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding alleging such damages to which you must submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which you submit with our consent. 14. Your product means a. Any goods or products other than real property manufactured sold handled distributed or disposed of by 1 You 2 Others trading under your name or 3 A person or organization whose business or assets you have acquired and b. Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. Your product includes warranties or representations made with respect to the fitness quality durability performance or use of your product and the providing of or failure to provide warnings or instructions. Your product does not include vending machines or other property rented to or located for the use of others but not sold. 15. Your work means a. Work or operations performed by you or on your behalf and b. Materials parts or equipment furnished in connection with such work or operations. Your work includes warranties or representations made with respect to the fitness quality durability performance or use of your work and the providing of or failure to provide warnings or instructions. 16. Retained limit means the amount stated as such in the Declarations. The retained limit is retained and payable by the insured as respects all incidents not covered by scheduled underlying insurance or by unscheduled underlying insurance. 17. Scheduled underlying insurance means the insurance policies listed in the Schedule of Underlying Insurance including renewal or replacement of such contracts which are not more restrictive than those listed in the aforementioned Schedule of Underlying Insurance. 18. Ultimate net loss a. Ultimate net loss means the actual damages the insured is legally obligated to pay either through 1 Final adjudication on the merits or 2 Through compromise settlement with our written consent or direction because of incidents covered by this policy. However it includes the above mentioned sums only after deducting all other recoveries and salvages. other than another contractor r working on the same project. need ce nt ise complete will be treated as not include bodily injury or arising out of tion of property unless the e arises out of a condition in or created by the loading or e of ed equipment or ed or unused materials. neans tangible property including all ise of that property. All such loss G15057 C Ed. 0605 Page 13 of 17 | 1 |
G15057 C Ed. 0605 H g b. Ultimate net loss does not include the following 1 Costs or expenses related to a Litigation b Settlement c Adjustment or d Appeals nor costs or expenses incident to the same which an underlying insurer has paid incurred or is obligated to pay to or on behalf of the insured Pre judgment interest Office costs and expenses and salaries and expenses of the employees of an insured 4 Our office costs and expenses and salaries of our employees or 5 General retainer andor monitoring fees of counsel retained by the insured. 19. Underlying insurer means an insurer whose policy covers bodily injury property damage or personal and advertising injury also covered by this policy but does not include insurers whose policies were purchased specifically to be in excess of this policy. It includes all insurers providing a. Unscheduled underlying insurance and b. Scheduled underlying insurance. 20. Unscheduled underlying insurance a. Unscheduled underlying insurance means insurance policies available to an insured whether 1 Primary 2 Excess 3 Excess contingent or 4 Otherwise except the policies listed in the Schedule of Underlying Insurance. b. Unscheduled underlying insurance does not include insurance purchased specifically to be excess of this policy. 21. Watercraft means a vehicle designed to transport persons or property in or on water. 22 Authorized Insured means any named insured or any employee authorized by a named insured to give or receive notice of a claim or suit. 23. Electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including G15057 C Ed. 0605 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. 24. Pollutants means any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. 25. Fungi or microbes means a. Any form of fungus yeast mold mildew or mushroom including mycotoxins spores scents byproducts or other substances produced or released by fungi and b. Any bacteria virus or any other non fungal single celled or colony form organism including any toxins scents byproducts or other substances it produces or releases whose injurious source is in or on a building or its contents. But fungi and microbes does not include fungi that were deliberately grown for human consumption microbes that were transmitted directly from person to person or microbes that caused food poisoning if your business is food processing sales or serving. 26. Silica means the chemical compound silicon dioxide Si02 in any form including dust which contains silica. 27. Asbestos means the mineral in any form whether or not the asbestos was at any time a. Airborne as a fiber particle or dust b. Contained in or formed a part of a product structure or other real or personal property c. Carried on clothing d. Inhaled or ingested or e. Transmitted by any other means. 28. 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. SECTION VI DEFENSE PAYMENT AND RELATED DUTIES 1. If a claim or suit alleges damages covered by underlying policies and the obligation of all underlying insurers either to a. Investigate and defend the insured or b. Pay the cost of such investigation and defense ceases solely through exhaustion of all underlying limits of insurance through payment of a combination Page 14 of 17 Py R A MR es and salaries and es of an insured enses and salaries of monitoring fees of nsured. insurer whose policy lamage or personal red by this policy but underlying insurance and derlying insurance. lerlying insurance underlying insurance means icies available to an insured ntingent or 0186616.8080966000200 | 1 |
G15057 C Ed. 0605 of covered expenses settlements or judgments for bodily injury property damage or personal and advertising injury taking place during our policy period then we will either a. Assume the investigation and defense of the insured against suits seeking damages or b. If we elect not to assume the investigation and defense in 1.a. above we will reimburse the insured for reasonable defense costs and expenses incurred with our written consent. However such reimbursement excludes 1 Office expenses of the insured 2 Salaries and expenses of employees and 3 General retainer fees of counsel retained by the insured. 2. We will investigate and defend an insured or reimburse an insured for suits brought against an insured for a claim or suit that alleges damages because of bodily injury property damage or personal and advertising injury not covered under a. Scheduled underlying insurance and b. Unscheduled underlying insurance but which seeks damages because of bodily injury property damage or personal and advertising injury otherwise covered under this policy. Costs and expanses of such investigation and defense are not subject to the retained limit. 3. We will investigate and defend an insured or reimburse an insured for such costs of investigation and defense described in either 1. or 2. above even if the allegations of a suit are a. Groundless b. False or c. Fraudulent but only until we make payment or offer to pay or deposit in court that part of judgments not exceeding our limit of insurance. 4. We shall also have the sole right to make settiement of a suit as we deem expedient. 5. If not permitted by law or otherwise to perform these duties we will pay an insured for defense costs and expenses incurred with our prior written consent. 6. Amounts we pay or incur pursuant to the obligation to defend or pay the costs and expenses of defense are in addition to and not subject to the limits of insurance stated in the Declarations. 7. In addition to our limits of insurance we will pay prejudgment interest awarded against an insured on that part of a judgment covered by this policy. We will G15057 C Ed. 0605 not pay prejudgment interest on that period of time after we offer to pay a. Our limit of insurance or b. That portion of our limit of insurance which equals the amount of a settlement demand when combined with the limits of underlying insurers. 8. We will pay interest on a judgment that accrues after entry of that judgment but before we have a. Paid b. Offered to pay or c. Deposited in court that part of the judgment that is within the limit of insurance of this policy. The amount of interest we pay will be in direct proportion that amount we pay as damages bears to the total amount of judgment. We will not pay additional interest that accrues after we have a. Paid b. Offered to pay c. Deposited in court that part of the judgment that is within the limit of insurance of this policy. 9. We will pay all reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit. This includes actual loss of earnings up to liability 250. a day because of time off from work. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT BROAD FORM Itis agreed that I. This policy does not apply A. Under Liability Coverage to bodily injury personal and advertising injury or property damage 1. With respect to which an insured under this policy is also an insured under a nuclear energy liability policy issued by the a. Nuclear Energy Liability Insurance Association b. Mutual Atomic Energy Liability Underwriters or C. Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its Page 15 0of 17 wustce diild n consent. 3 es and retained by insured or against an s damages damage or ed under i odilv initrv feUIEAl IV SULIT Lists U TTIVESHgaUVit scribed in either 1. or 2. above even if NUCLEARE of a suit are It is agreed that I. This policy Page 15 0of 17 | 1 |
G15057 C Ed. 0605 termination upon exhaustion of its limit of liability or 2. Resulting from the hazardous properties of nuclear material and with respect to which a. Any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law or amendment thereof or b. The insured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization. B. Under any Supplementary Payments provision relating to first aid to expenses incurred with respect to bodily injury resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. Under any Liability Coverage to bodily injury personal and advertising injury or property damage resulting from the hazardous properties of nuclear material if 1. The nuclear material a. Is at any nuclear facility owned by or operated by or on behalf of an insured or b. Has been discharged or therefrom dispersed 2. The nuclear material is contained in spent fuel or waste at any time possessed handled used processed stored transported or disposed of by or on behalf of an insured or 3. The bodily injury personal and advertising injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the Planning Construction a b.. Maintenance d. Operation or e. Use of any nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this exclusion C.3. applies only to property damage to such nuclear facility and any property threat. G15057 C Ed. 0605 As used in this endorsement A Hazardous properties include radioactive toxic or explosive properties. Nuclear material means source material special nuclear material or byproduct material. Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor. Waste means waste material 1. Containing by product material other than the tailings or waste produced by the extraction or concentration of uranium or thorium from ore processed primarily for its source material content and 2. Resulting from the operation by any person or organization of a nuclear facility included within paragraphs 1. and 2. of the definition of nuclear facility. Nuclear facility means 1. Any nuclear reactor 2. Any equipment or device designed or used for a. Separating the isotopes of uranium or plutonium b. Processing or utilizing spent fuel or c. handling waste processing or packaging 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 is located consists of or contains more than a. 25 grams of plutonium or uranium 233 or any combination thereof or b. 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. Page 16 of 17 80186616.8080966000200 Page 16 of 17 | 1 |
G15057 C Ed. 0605 G. Nuclear reactor means an apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. H. Property damage includes all forms of radioactive contamination of property. G15057 C Ed. 0605 Page 17 of 17 | 1 |
G17900 B Ed. 0104 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PERSONAL AND ADVERTISING INJURY LIMITATION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART The following paragraph is added to SECTION 1 personal and advertising injury. However this exclusion COVERAGE 2. Exclusions does not apply to any claim or suit for which coverage is provided by scheduled underlying insurance. This insurance does not apply to All other terms exclusions and conditions of this policy remain unchanged and in full force and effect. 60186616.8080966000200 G17900 B Ed. 0104 Page 1 of 1 | 2 |
G18132C Ed. 0213 CNA AMENDMENT OF INSURING AGREEMENT EMPLOYEE BENEFITS LIABILITY Itis understood and agreed that this endorsement amends the COMMERCIAL UMBRELLA PLUS COVERAGE PART as follows 1. SECTION I COVERAGES is amended to add the following to Paragraph 1. Insuring Agreement We will also pay on behalf of the insured those sums in excess of scheduled underlying insurance that the insured becomes legally obligated to pay as ultimate net loss because of a negligent act error or omission committed in the administration of your employee benefit program but only if and to the extent such ultimate net loss is covered by scheduled underlying insurance. Only for the purpose of the coverage provided by this endorsement a. Employee benefit plan means the same as it does in scheduled underlying insurance. b. Incident means a negligent act error or omission committed by you or on your behalf in the administration of your employee benefit program. c. Condition 10. Maintenance of Scheduled Underlying Insurance is amended to delete its requirement that aggregate reduction or exhaustion result solely from incidents taking place during this policy period and not before. All other terms and conditions of the Policy remain unchanged. G18132C Ed. 0213 Page 1 of 1 Copyright CNA Al Rights Reserved. | 2 |
G300912 A Ed. 0210 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLLUTION EXCLUSION AMENDMENT This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART Exclusion f. of SECTION COVERAGES is deleted in its entirety and is replaced by the following f. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a Ator 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 any insured or any person or organization for whom you may be legally responsible or d At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations i If the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor or ii 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. e That are or that are contained in property that is i Being transported or towed by or handled for movement into onto or from a covered automobile i Otherwise in the course of transit iii Being stored disposed of treated or processed in or upon the covered automobile f Before the pollutants or property in which the pollutants are contained are moved from the place where they are accepted by the G300912 A Ed. 0210 g insured for movement into or onto the automobile or After the pollutants or property in wh pollutants are contained are moved fi covered automobile to the place whe are finally i Delivered ii Disposed of or iii Abandoned by the insured. Subparagraph a does not apply to injury if sustained within a buildir caused by smoke fumes vapor produced by or originating from eqt that is used to heat cool or dehumi building or equipment that is used water for personal use by the bt occupants or their guests. Subparagraphs a and di do not a bodily injury or property damage out of heat smoke or fumes from a fire. As used in this exclusion a hostile fire one which becomes uncontrollable or out from where it was intended to be. Subparagraph di does not apply to injury or property damage arising ou escape of fuels lubricants or other of fluids which are needed to perform the electrical hydraulic or mechanical fu necessary for operation of mobile equi or its parts if such fuels lubricants operating fluids escape from a vehic designed to hold store or receive then exception does not apply if the bodily or property damage arises out intentional discharge dispersal or rele the fuels lubricants or other operating or if such fuels lubricants or other of fluids are brought on or to the premis or location with the intent that tf discharged dispersed or released as the operations being performed by insured contractor or subcontractor. Subparagraph eiii does not apply t lubricants fluids exhaust gases o similar pollutants that are needed Pag g insured for movement into or onto the covered automobile or After the pollutants or property in which the pollutants are contained are moved from the covered automobile to the place where they are finally i Delivered i Disposed of or iii Abandoned by the insured. Subparagraph a does not apply to bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests. Subparagraphs a and di do not apply to bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. As used in this exclusion a hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. Subparagraph di 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 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. Subparagraph eiii does not apply to fuels lubricants fluids exhaust gases or other similar pollutants that are needed for or Page 10f 2 04186616.8080966000200 | 2 |
G300912 A Ed. 0210 result from the normal electrical hydraulic or mechanical functioning of the covered automobile or its parts if the pollutants escape or are discharged dispersed or released directly from an automobile part designed by its manufacturer to hold store receive or dispose of such pollutants. Subparagraphs f and g do not apply if the pollutants or property in which the pollutants are contained are upset overturned or damaged as a result of the maintenance or use of a covered automobile and the discharge dispersal release or escape of the pollutants is caused directly by such upset overturn or damage. 2 Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. 3 Any loss cost or expense arising out of any a Request demand or order that any insured or b others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. All other terms conditions and exclusions of this policy remain unchanged. G300912 A Ed. 0210 Page 2 of 2 | 2 |
G300982 A Ed. 0710 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CRISIS MANAGEMENT COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART SCHEDULE Crisis Management Expense Aggregate Limit 250000 per policy period. Solely with respect to the Crisis Management Coverage provided by this endorsement the following changes apply to the Commercial Umbrella Plus Coverage Part. A. The following paragraph is added to SECTION I COVERAGES 1. Insuring Agreement e. When this policy applies to an incident that causes serious bodily injury or property damage we will reimburse you for eligible crisis management expense you incur and report to us within six months of the incident. B. The following changes are made to SECTION Il LIMITS OF INSURANCE 1. Paragraph 2. is deleted in its entirety and replaced with the following The limit of insurance shown in the Declarations as the Aggregate Limit is the most we will pay for the sum of all ultimate net loss and eligible crisis management expense to which this insurance applies. This Aggregate Limit applies separately to all ultimate net loss a. Included in the products completed operations hazard b. To which and in the same manner an aggregate limit under scheduled underlying insurance other than ultimate net loss included in the products completed operations hazard and c. To which no scheduled underlying insurance applies and includes any associated management expense. eligible crisis The Crisis Management Expense Aggregate Limit listed in the Schedule above is included within and is not in addition to the Aggregate Limit of this policy. The following paragraph is added 6. Subject to 2. above the Crisis Management Expense Aggregate Limit stated in the Schedule is the most we will pay for the sum of all eligible crisis management expense to which this insurance applies. C. The following definitions are added to SECTION V DEFINITIONS 1. Serious bodily injury or property damage means injury to three or more people resulting in death permanent disfigurement or the permanent loss or impairment of a bodily function body part or organ. Serious bodily injury or property damage also means property damage to which this insurance applies. Eligible crisis management expense means reasonable and necessary expenses incurred by a crisis management firm that you hire to provide media management services for the purpose of maintaining and restoring public confidence in you. But eligible crisis management expense does not mean any of the following a. Salary wages or benefits of you your employees or your temporary workers b. Costs to acquire repair or replace real or personal property Your loss of business income Your expense to hire a public adjuster or appraiser or any other claim adjustment expenses incurred by you and e. Bodily injury property damage personal and advertising injury or any expense or other coverage this policy provides other than this CRISIS MANAGEMENT COVERAGE ENDORSEMENT. All other terms conditions and exclusions of this policy remain unchanged. 11186616.8080966000200 G300982 A Ed. 0710 Page 1 of 1 | 2 |
G301134 A Ed. 1010 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KEY EMPLOYEE REPLACEMENT EXPENSE COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART SCHEDULE Limit of Insurance 100000 per Key Employee Key Employee Replacement Expense Coverage Aggregate Limit 100000 per policy period. Solely with respect to the Key Employment Replacement Expense Coverage provided by this endorsement the following changes apply to the Commercial Umbrella Plus Coverage Part. I. The following paragraphs are added to SECTION f. Any accident while the Key Employee was COVERAGES 1. Insuring Agreement driving while intoxicated impaired or other f. We will reimburse you for the actual and wise under the influence of alcohol or G301134 A necessary Key Employee Replacement Expense you incur due to your permanent loss of the g. Taking illegally obtained drugs. fovosso 3 Ky Enloee Catsod Dy 3 e o v youwoud o e covered accident and reported to us within six y months of the covered accident. a. Find a permanent replacement for the Key Insurance under this endorsement applies only if the Employee and covered accident occurs while your policy is in effect. b. Reduce or discontinue the Key Employee But the period of time for which we will pay expenses Replacement Expense covered under this endorsement will not be limited by the expiration of your policy. as soon as possible after your permanent loss of the services of the Key Employee caused by a Insurance under this endorsement does not apply to covered accident. 1. The death or permanent disability of a Key Insurance under this endorsement includes the Employee relating to or arising out of reasonable extra expense you incur to minimize L. o the amount of Key Employee Replacement a. Warand Milltary Action meaning Expense but only to the extent the amount of 1 War including undeclared or civil war Key Employee Replacement Expense otherwise 2 Warlike action by a miltary force payable under this endorsement is reduced. including action in hindering or defending 3. Any additional expenses incurred due to your loss against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in defending against any of these b. Nuclear reaction or radiation or radioactive contamination however caused c. Sickness or disease including metal illness or mental injury d. Pregnancy childbirth miscarriage or abortion e. Suicide attempted suicide or self inflicted bodily injury while sane or insane Ed. 1010 of the services of a permanent replacement employee appointed or hired to replace a Key Employee however caused. But this exclusion does not apply if the replacement employee is included in the definition as a Key Employee and your loss of the services of the replacement employee is caused by a covered accident. The amount of Key Employee Replacement Expense will be determined based on 1. Copyright 2010 CNA Financial Corporation The actual and necessary expenses covered under this endorsement which you incur to find to appoint or hire and to train a permanent replacement for the Key Employee and to continue the performance of the Key Employee s normal job responsibilities while a permanent replacement is being sought appointed or hired Page 10f 3 G301134 A Ed. 1010 Page 10f 3 | 2 |
G301134 A Ed. 1010 and trained. We will deduct from the total of such expenses 2. Necessary expenses Any expenses which would have been incurred by you for the Key Employee if you had not lost the services of the Key Employee and Any Key Employee Replacement Expense that is paid for by any other insurance. that reduce the Key Employee Replacement Expense that otherwise would have been incurred. Il. The following changes are made to SECTION lll LIMITS OF INSURANCE A. Paragraph 2. is deleted in its entirety and replaced with the following 2. The limit of insurance shown in the Declarations as the Aggregate Limit is the most we will pay for the sum of all ultimate net loss to which this insurance applies and applies separately to all ultimate net loss a. Included in the operations hazard products completed b. To which and in the same manner an aggregate limit applies under scheduled underlying insurance other than ultimate net loss included in the products competed operations hazard and c. To which no scheduled underlying insurance applies. The most we will pay for Key Employee Replacement Expense due to your loss of the services of any one Key Employee is the applicable Limit of Insurance shown in the Schedule for the Key Employee. The amount payable under this endorsement is not subject to the retained limit. The limit of insurance shown in the Schedule above as the Key Employee Replacement Expense Coverage Aggregate Limit is the most we will pay for the sum of all Key Employee Replacement Expense to which this insurance applies. This Key Employee Replacement Expense Coverage Aggregate Limit listed in the Schedule above is included within and is not in addition to the Aggregate Limit of this policy. The Aggregate Limit does not apply to ultimate net loss for which no aggregate limit applies in the scheduled underlying insurance. B. Paragraph 3. is deleted in its entirety and replaced with the following G301134 A Ed. 1010 Copyright 2010 CNA Financial Corporation Subject to 2. above the limit of insurance shown in the Declarations as the Each Incident limit is the most we will pay for the sum of all ultimate net loss and all Key Employee Replacement Expense to which this insurance applies arising out of any one incident. Il The following definitions are added to SECTION V DEFINITIONS Key Employee Replacement Expense as used in this endorsement means the necessary expenses you incur that you would not have incurred if you had not lost the services of the Key Employee 1. To continue the performance of the Key Employee s normal job responsibilities with comparable quality while a permanent replacement for the Key Employee is being sought appointed or hired and trained. Insurance under this endorsement for these expenses will apply for the period of time beginning on the date of your permanent loss of the services of the Key Employee caused by a covered accident and ending 60 days after the date a permanent replacement for the Key Employee is appointed or hired subject to a maximum period of 180 days. To find a qualified permanent replacement to fill the Key Employee s position described in the Schedule meaning the normal and reasonable a. Costs of advertising the employment position opening b. Travel lodging meal and entertainment expenses incurred in interviewing job applicants for the employment position opening and c. Miscellaneous extra expenses incurred in finding interviewing and negotiating with the job applicants including but not limited to overtime pay costs to verify the background and references the job applicants and legal expenses incurred to draw up employment contracts. Insurance under this endorsement for these expenses will apply for the period of time beginning on the date of your permanent loss of the services of the Key Employee caused by a covered accident and ending on the date a permanent replacement for the Key Employee is appointed or hired subject to a maximum period of 180 days. To appoint or hire and to train a permanent replacement for the Key Employee meaning the normal and reasonable Page 20f 3 24186616.8080966000200 Copyright 2010 CNA Financial Corporation Page 20f 3 | 2 |
G301134 A Ed. 1010 a. Expenses you incur to relocate the replacement employee to an area within a reasonable commute from the applicable employment location described in the Schedule b. First year amounts of the replacement employee s i Annual base starting salary ii Employee perquisite costs and Employee benefit costs in excess of the amounts which would have been incurred for the Key Employee if you had not lost the services of the Key Employee. But we will not pay more for these expenses than 10 of the amounts which would have been incurred for the Key Employee. c. First year costs of the replacement employee s training and education if the training and education is necessary for the replacement employee to perform the duties of the applicable position listed in the definition of Key Employee with the same quality of service as the Key Employee. Insurance under this endorsement for these expenses will apply only if the permanent replacement for the Key Employee is appointed or hired within 180 days after the date of your permanent loss of the services of the Key Employee caused by a covered accident. But Key Employee Replacement Expense does not mean any of the following a. Except as provided in paragraph 3.b above salary wages or benefits of you your employees your temporary workers or volunteer workers b. Costs to acquire repair or replace real or personal property Your loss of business income Your expense to hire a public adjuster or appraiser or any other claim adjustment expenses incurred by you. C. e. Bodily injury property damage personal and advertising injury or any expense or other coverage this policy provides other than this KEY EMPLOYEE REPLACEMENT EXPENSE COVERAGE ENDORSEMENT. Covered Accident means a sudden and unexpected incident not otherwise excluded in this endorsement which solely and independently of any other cause results in the Key Employee s 1. Death or 2. Permanent disability meaning the permanent physical inability or mental inability due to a permanent physical inability of the Key Employee to perform the normal duties of the applicable position for which the individual qualifies as a Key Employee within one year after the date of the sudden occurrence. Key Employee means of the following officer and employment positions Chief Executive Officer Chief Operating Officer Chief Financial Officer Corporate Secretary Treasurer N I Executive Vice President and 7. Risk Manager. The following is added to the definition of incident c. With respect to Key Employee Replacement Expense Coverage incident means a Covered Accident. All other terms conditions and exclusions of this policy remain unchanged. C. e. Bodily injury property damage personal and advertising injury or any expense or other coverage this policy provides other than this KEY EMPLOYEE REPLACEMENT EXPENSE COVERAGE ENDORSEMENT. Covered Accident means a sudden and unexpected incident not otherwise excluded in this endorsement which solely and independently of any other cause results in the Key Employee s 1. Death or 2. Permanent disability meaning the permanent physical inability or mental inability due to a permanent physical inability of the Key Employee to perform the normal duties of the applicable position for which the individual qualifies as a Key Employee within one year after the date of the sudden occurrence. Key Employee means of the following officer and employment positions Chief Executive Officer Chief Operating Officer Chief Financial Officer Corporate Secretary Treasurer N I Executive Vice President and 7. Risk Manager. The following is added to the definition of incident c. With respect to Key Employee Replacement Expense Coverage incident means a Covered Accident. G301134 A Ed. 1010 Copyright 2010 CNA Financial Corporation Page 30f 3 | 2 |
IL00 17 1198 H g A. D. COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. Cancellation 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium or b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed proof of mailing will be sufficient proof of notice. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy. Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. Inspections And Surveys 1. We have the right to a. Make inspections and surveys at any time b. Give you reports on the conditions we find and c. Recommend changes. 2. We are not obligated to make any inspections surveys reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recommendations we may make relative to certification under state or municipal statutes ordinances or regulations of boilers pressure vessels or elevators. E. Premiums The first Named Insured shown in the Declarations 1. Is responsible for the payment of all premiums and 2. Will be the payee for any return premiums we pay. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. med Insured shown in the Declarations this policy by mailing or delivering to written notice of cancellation. ncel this policy by mailing or delivering t Named Insured written notice of at least ys before the effective date of ation if we cancel for nonpayment of n or ys before the effective date of ation if we cancel for any other reason. or deliver our notice to the first Named st mailing address known to us. ncellation will state the effective date of. The policy period will end on that y is cancelled we will send the first ured any premium refund due. If we refund will be pro rata. If the first ured cancels the refund may be less ta. The cancellation will be effective ave not made or offered a refund. nailed proof of mailing will be sufficient IL00 17 11 98 Copyright Insurance Services Office Inc. 1998 Page 1 of 1 | 2 |
IL 0259 09 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEBRASKA CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraphs 2. and 3. of the Cancellation Common Policy Condition are replaced by the following 2. Cancellation Of Policies In Effect 60 Days Or Less If this policy has been in effect for 60 days or less we may cancel this policy for any reason. More Than 60 Days If this policy has been in effect for more than 60 days or if this is a renewal of a policy we issued we may cancel this policy only for one or more of the following reasons 1 Nonpayment of premium 2 The policy was obtained through material misrepresentation 3 Any insured has submitted a fraudulent claim Any insured has violated the terms and conditions of this policy The risk originally accepted has substantially increased Certification to the Director of Insurance of our loss of reinsurance which provided coverage to us for all or a substantial part of the underlying risk insured or 7 The determination by the Director of Insurance that the continuation of the policy could place us in violation of the Nebraska Insurance Laws. 4 5 6 c. If we cancel this policy subject to 2.a. or 2.b. above we will mail to the first Named Insured a written notice of cancellation stating the reasons for cancellation at least 1. 10 days before the effective date of cancellation if we cancel for nonpayment of premium or 2. 60 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail our notice by first class mail to the first Named Insured s last mailing address known to us. A United States Postal Service Certificate of Mailing shall be sufficient proof of receipt of notice on the third calendar day after the date of the certificate of mailing. B. Paragraph 6. of the Cancellation Common Policy Condition does not apply. C. The following is added and supersedes any provisions to the contrary NONRENEWAL 1. If we decide not to renew this policy we will mail written notice of nonrenewal stating the reasons for nonrenewal to the first Named Insured at least 60 days prior to the expiration date of this policy. Any notice of nonrenewal will be mailed by first class mail to the first Named Insured s last mailing address known to us. A United States Postal Service Certificate of Mailing shall be sufficient proof of receipt of notice on the third calendar day after the date of the certificate of mailing. 4186616.8080966000200 IL 02 59 09 07 Page 1 of 1 Copyright ISO Properties Inc. 2006 | 2 |
151 N. Franklin St. Chicago IL 60606 CNA Policy Number From Policy Period To Coverage Is Provided By Agency B6080379199 040121 040122 Continental Casualty Company 064101410 Named Insured And Address Agent Lawlor s Custom Sportswear Inc. LOCKTON CO LLC KANSAS CITY SERIES 4414 S 84TH ST 13710 FNB PKWY STE 400 OMAHA NE 68127 OMAHA NE 68154 PAYMENT PLAN SCHEDULE THE BILLING FOR THIS POLICY WILL BE FORWARDED TO YOU DIRECTLY FROM CNA. THE PREMIUM AMOUNT FOR THIS TRANSACTION 1s 808.00 THIS PREMIUM WILL BE INVOICED BY CNA ON A SEPARATE STATEMENT ACCORDING TO THE PAYMENT OPTION YOU SELECT. ISSUE DATE 020621 | 2 |
94186616.8080966000200 END OF COPY | 2 |
NUVITIVE TV FUVLILTINVLUVLERY IMPORTANT INFORMATION TO POLICYHOLDERS CALIFORNIA In the event you need to contact someone about this Policy for any reason please contact your agent. If you have additional questions you may contact the insurance company issuing this Policy at the following address and telephone number XL Insurance Seaview House 70 Seaview Avenue Stamford CT 06902 6040 1 800 622 7311 If you have a problem with your insurance company its agent or representative that has not been resolved to your satisfaction please call or write to the Department of Insurance. California Department of Insurance Consumer Communications Bureau 300 South Spring Street South Tower Los Angeles CA 90013 1 800 927 4357 213 897 8921 if calling from within the Los Angeles area 1 800 482 4833 TDD Number Written correspondence is preferable so that a record of your inquiry can be maintained. When contacting your agent company or the Bureau of Insurance have your Policy Number available. PN CA 02 0511 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Page 1 of 1 | 2 |
FRAUD NOTICE Arkansas Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. Colorado It is unlawful to knowingly provide false incomplete or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment fines denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false incomplete or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. District of Columbia WARNING It is a crime to provide false or misleading information to an insurer for the purpose of defrauding the insurer or any other person. Penalties include imprisonment andor fines. In addition an insurer may deny insurance benefits if false information materially related to a claim was provided by the applicant. Florida Any person who knowingly and with intent to injure defraud or deceive any insurer files a statement of claim or an application containing any false incomplete or misleading information is guilty of a felony of the third degree. Kansas A fraudulent insurance act means an act committed by any person who knowingly and with intent to defraud presents causes to be presented or prepares with knowledge or belief that it will be presented to or by an insurer purported insurer broker or any agent thereof any written statement as part of or in support of an application for the issuance of or the rating of an insurance policy for personal or commercial insurance or a claim for payment or other benefit pursuant to an insurance policy for commercial or personal insurance which such person knows to contain materially false information concerning any fact material thereto or conceals for the purpose of misleading information concerning any fact material thereto. Kentucky Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance containing any materially false information or conceals for the purpose of misleading information concerning any fact material thereto commits a fraudulent insurance act which is a crime. Louisiana Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. Maine It is a crime to knowingly provide false incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties may include imprisonment fines or denial of insurance benefits. Maryland Any person who knowingly and willfully presents a false or fraudulent claim for payment of a loss or benefit or who knowingly or willfully presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. New Jersey Any person who includes any false or misleading information on an application for an insurance policy is subject to criminal and civil penalties. New Mexico ANY PERSON WHO KNOWINGLY PRESENTS A FALSE OR FRAUDULENT CLAIM FOR PAYMENT OF A LOSS OR BENEFIT OR KNOWINGLY PRESENTS FALSE INFORMATION IN AN APPLICATION FOR INSURANCE IS GUILTY OF A CRIME AND MAY BE SUBJECT TO CIVIL FINES AND CRIMINAL PENALTIES. olumbia PN CW 010613 Page 1 of 3 2013 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
NUIHIVE TV rvnivinuULuvcLno New York General All applications for commercial insurance other than automobile insurance Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading information concerning any fact material thereto commits a fraudulent insurance act which is a crime and shall also be subject to a civil penalty not to exceed five thousand dollars and the stated value of the claim for each such violation. All applications for automobile insurance and all claim forms Any person who knowingly makes or knowingly assists abets solicits or conspires with another to make a false report of the theft destruction damage or conversion of any motor vehicle to a law enforcement agency the department of motor vehicles or an insurance company commits a fraudulent insurance act which is a crime and shall also be subject to a civil penalty not to exceed five thousand dollars and the value of the subject motor vehicle or stated claim for each violation. Fire Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance containing any false information or conceals for the purpose of misleading information concerning any fact material thereto commits a fraudulent insurance act which is a crime. The proposed insured affirms that the foregoing information is true and agrees that these applications shall constitute a part of any policy issued whether attached or not and that any willful concealment or misrepresentation of a material fact or circumstances shall be grounds to rescind the insurance policy. Ohio Any person who with intent to defraud or knowing that he is facilitating a fraud against an insurer submits an application or files a claim containing a false or deceptive statement is guilty of insurance fraud. Oklahoma WARNING Any person who knowingly and with intent to injure defraud or deceive any insurer makes any claim for the proceeds of an insurance policy containing any false incomplete or misleading information is guilty of a felony. Pennsylvania All Commercial Insurance Except As Provided for Automobile Insurance Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading information concerning any fact material thereto commits a fraudulent insurance act which is a crime and subjects such person to criminal and civil penalties. Automobile Insurance Any person who knowingly and with intent to injure or defraud any insurer files an application or claim containing any false incomplete or misleading information shall upon conviction be subject to imprisonment for up to seven years and the payment of a fine of up to 15000. Puerto Rico Any person who knowingly and with the intention of defrauding presents false information in an insurance application or presents helps or causes the presentation of a fraudulent claim for the payment of a loss or any other benefit or presents more than one claim for the same damage or loss shall incur a felony and upon conviction shall be sanctioned for each violation by a fine of not less than five thousand dollars 5000 and not more than ten thousand dollars 10000 or a fixed term of imprisonment for three 3 years or both penalties. Should aggravating circumstances be present the penalty thus established may be increased to a maximum of five 5 years if extenuating circumstances are present it may be reduced to a minimum of two 2 years. PN CW 010613 Page 2 of 3 2013 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
NUVITIVE 1TV FUVLILTNnvLuvLng Rhode Island Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. Tennessee All Commercial Insurance Except As Provided for Workers Compensation It is a crime to knowingly provide false incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment fines and denial of insurance benefits. Workers Compensation It is a crime to knowingly provide false incomplete or misleading information to any party to a workers compensation transaction for the purpose of committing fraud. Penalties include imprisonment fines and denial of insurance benefits. Utah Workers Compensation Any person who knowingly presents false or fraudulent underwriting information files or causes to be filed a false or fraudulent claim for disability compensation or medical benefits or submits a false or fraudulent report or billing for health care fees or other professional services is guilty of a crime and may be subject to fines and confinement in state prison. Virginia It is a crime to knowingly provide false incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment fines and denial of insurance benefits. Washington It is a crime to knowingly provide false incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment fines and denial of insurance benefits. West Virginia Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. All Other States Any person who knowingly and willfully presents false information in an application for insurance may be guilty of insurance fraud and subject to fines and confinement in prison. In Oregon the aforementioned actions may constitute a fraudulent insurance act which may be a crime and may subject the person to penalties. PN CW 010613 Page 3 of 3 2013 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
NUVITIVE 1TV FUVLILTNnvLuvLng PRIVACY POLICY The XL America Inc. insurance group the Companies believes personal information that we collect about our customers potential customers and proposed insureds referred to collectively in this Privacy Policy as customers must be treated with the highest degree of confidentiality. For this reason and in compliance with the Title V of the Gramm Leach Bliley Act GLBA we have developed a Privacy Policy that applies to all of our companies. For purposes of our Privacy Policy the term personal information includes all information we obtain about a customer and maintain in a personally identifiable way. In order to assure the confidentiality of the personal information we collect and in order to comply with applicable laws all individuals with access to personal information about our customers are required to follow this policy. Our Privacy Promise Your privacy and the confidentiality of your business records are important to us. Information and the analysis of information is essential to the business of insurance and critical to our ability to provide to you excellent cost effective service and products. We understand that gaining and keeping your trust depends upon the security and integrity of our records concerning you. Accordingly we promise that 1. We will follow strict standards of security and confidentiality to protect any information you share with us or information that we receive about you 2. We will verify and exchange information regarding your credit and financial status only for the purposes of underwriting policy administration or risk management and only with reputable references and clearinghouse services 3. We will not collect and use information about you and your business other than the minimum amount of information necessary to advise you about and deliver to you excellent service and products and to administer our business 4. We will train our employees to handle information about you or your business in a secure and confidential manner and only permit employees authorized to use such information to have access to such information 5. We will not disclose information about you or your business to any organization outside the XL insurance group of Companies or to third party service providers unless we disclose to you our intent to do so or we are required to do so by law 6. We will not disclose medical information about you your employees or any claimants under any policy of insurance unless you provide us with written authorization to do so or unless the disclosure is for any specific business exception provided in the law 7. We will attempt with your help to keep our records regarding you and your business complete and accurate and will advise you how and where to access your account information unless prohibited by law and will advise you how to correct errors or make changes to that information and 8. We will audit and assess our operations personnel and third party service providers to assure that your privacy is respected. Collection and Sources of Information a customer or potential customer only the personal information that is necessary for a lity for the product or service sought by the customer b administering the product or service obtained and c advising the customer about our products and services. The information we collect generally comes from the following sources e Submission During the submission process you provide us with information about you and your business such as your name address phone number e mail address and other types of personal identification information Quotes We collect information to enable us to determine your eligibility for the particular insurance product and to determine the cost of such insurance to you. The information we collect will vary with the type of insurance you seek e Transactions We will maintain records of all transactions with us our affiliates and our third party service providers including your insurance coverage selections premiums billing and payment information claims history and other information related to your account PN CW 02 0505 Page 1 of 3 | 2 |
NUIHILVE TV rvLivinuULuvcLno e Claims If you obtain insurance from us we will maintain records related to any claims that may be made under your policies. The investigation of a claim necessarily involves collection of a broad range of information about many issues some of which does not directly involve you. We will share with you any facts that we collect about your claim unless we are prohibited by law from doing so. The process of claim investigation evaluation and settlement also involves however the collection of advice opinions and comments from many people including attorneys and experts to aid the claim specialist in determining how best to handle your claim. In order to protect the legal and transactional confidentiality and privileges associated with such opinions comments and advice we will not disclose this information to you and Credit and Financial Reports We may receive information about you and your business regarding your credit. We use this information to verify information you provide during the submission and quote processes and to help underwrite and provide to you the most accurate and cost effective insurance quote we can provide. Retention and Correction of Personal Information We retain personal information only as long as required by our business practices and applicable law. If we become aware that an item of personal information may be materially inaccurate we will make reasonable effort to re verify its accuracy and correct any error as appropriate. Storage of Personal Information We have in place safeguards to protect data and paper files containing personal information. Sharing Disclosing of Personal Information We maintain procedures to assure that we do not share personal information with an unaffiliated third party for marketing purposes unless such sharing is permitted by law. Personal information may be disclosed to an unaffiliated third party for necessary servicing of the product or service or for other normal business transactions as permitted by law. We do not disclose personal information to an unaffiliated third party for servicing purposes or joint marketing purposes unless a contract containing a confidentiality non disclosure provision has been signed by us and the third party. Unless a consumer consents we do not disclose consumer credit report type information obtained from an application or a credit report regarding a customer who applies for a financial product to any unaffiliated third party for the purpose of serving as a factor in establishing a consumer s eligibility for credit insurance or employment. Consumer credit report type information means such things as net worth credit worthiness lifestyle information piloting skydiving etc. solvency etc. We also do not disclose to any unaffiliated third party a policy or account number for use in marketing. We may share with our affiliated companies information that relates to our experience and transactions with the customer. Policy for Personal Information Relating to Nonpublic Personal Health Information We do not disclose nonpublic personal health information about a customer unless an authorization is obtained from the customer whose nonpublic personal information is sought to be disclosed. However an authorization shall not be prohibited restricted or required for the disclosure of certain insurance functions including but not limited to claims administration claims adjustment and management detection investigation or reporting of actual or potential fraud misrepresentation or criminal activity underwriting policy placement or issuance loss control andor auditing. Access to Your Information Our employees employees of our affiliated companies and third party service providers will have access to information we collect about you and your business as is necessary to effect transactions with you. We may also disclose information about you to the following categories of person or entities Your independent insurance agent or broker PN CW 02 0505 Page 2 of 3 | 2 |
NUVITIVE 1TV FUVLILTNnvLuvLng An independent claim adjuster or investigator or an attorney or expert involved in the claim Persons or organizations that conduct scientific studies including actuaries and accountants An insurance support organization Another insurer if to prevent fraud or to properly underwrite a risk A state insurance department or other governmental agency if required by federal state or local laws or Any persons entitled to receive information as ordered by a summons court order search warrant or subpoena. Violation of the Privacy Policy Any person violating the Privacy Policy will be subject to discipline up to and including termination. For more information or to address questions regarding this privacy statement please contact your broker. PN CW 02 0505 Page 3 of 3 | 2 |
NUVITIVE TV FUJVLILTNVLUVLERND U.S. TREASURY DEPARTMENT S OFFICE OF FOREIGN ASSETS CONTROL OFAC 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 Policyholder Notice provides information concerning possible impact on your insurance coverage due to directives issued by OFAC and possibly the U.S. Department of State. Please read this Policyholder Notice carefully. OFAC administers and enforces sanctions policy based on Presidential declarations of national emergency. OFAC has identified and listed numerous Foreign agents Front organizations Terrorists Terrorist organizations Narcotics traffickers as Specially Designated Nationals and Blocked Persons. This list can be found on the U.S. Department of the Treasury s web site httpwww.treas.gov ofac. The Secretary of the Treasury also has identified a number of entities in the insurance petroleum and petrochemicals industries determined to be owned or controlled by the Iranian government. Business transactions with any of these entities are expressly prohibited. These entities have been added to OFAC s list of Financial Institutions Determined To Be Owned or Controlled by the Government of Iran. This list can be found on the U.S. Department of the Treasury s web site httpwww.treas.govofficesenforcementlists In accordance with OFAC regulations or any applicable regulation promulgated by the U.S. Department of State 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 will be immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract neither payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. PN CW 05 1010 Includes copyrighted material of Insurance Services Office Inc. with its permission. 2010 X.L. America Inc. All rights reserved. May not be copied without permission. | 2 |
POLICY NUMBER POLICY NUMBER IL 09 8501 08 THIS ENDORSEMENT IS ATTACHED TO AND MADE PART OF YOUR POLICY IN RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE ACT. THIS ENDORSEMENT DOES NOT GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT SCHEDULE Terrorism Premium Certified Acts 618 This premium is the total Certified Acts premium attributable to the following Coverage Parts Cover age Forms andor Policys Additional information if any concerning the terrorism premium Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Disclosure Of Premium In accordance with the federal Terrorism Risk In surance Act we are required to provide you with a notice disclosing the portion of your premium if any attributable to coverage for terrorist acts certi fied under the Terrorism Risk Insurance Act. The portion of your premium attributable to such cov erage is shown in the Schedule of this endorse ment or in the policy Declarations. B. Disclosure Of Federal Participation In Payment Of Terrorism Losses The United States Government Department of the Treasury will pay a share of terrorism losses in sured under the federal program. The federal share equals 85 of that portion of the amount of such insured losses that exceeds the applicable insurer retention. However if aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 bil lion in a Program Year January 1 through De cember 31 the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. C. Cap On Insurer Participation In Payment Of Terrorism Losses If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a Program Year Janu ary 1 through December 31 and we have met our insurer deductible under the Terrorism Risk Insur ance Act we shall not be liable for the payment of any portion of the amount of such losses that ex ceeds 100 billion and in such case insured loss es up to that amount are subject to pro rata alloca tion in accordance with procedures established by the Secretary of the Treasury. dditional information if any concerning the terrorism premium IL 09 8501 08 ISO Properties Inc. 2007 Page 1 0of 1 a | 2 |
IN WITNESS XL INSURANCE AMERICA INC. REGULATORY OFFICE 505 EAGLEVIEW BOULEVARD SUITE 100 DEPARTMENT REGULATORY EXTON PA 19341 0636 PHONE 800 688 1840 It is hereby agreed and understood that the following In Witness Clause supercedes any and all other In Witness clauses in this policy. All other provisions remain unchanged. IN WITNESS WHEREOF the Company has caused this policy to be executed and attested and if required by state law this policy shall not be valid unless countersigned by a duly authorized representative of the Company. Sfeaa Seraina Maag President Towt Q. Fertms Toni Ann Perkins Secretary IL MP 9104 0211 XLIA 2011 X.L. America Inc. Al rights reserved. May not be copied without permission. | 2 |
X L COMPANY PROVIDING COVERAGE XL Insurance America Inc. 101 California Street Suite 1150 Regulatory Office San Francisco CA 94111 505 Eagleview Blvd. Ste. 100 Dept Regulatory Exton PA 19341 0636 800 688 1840 COMMERCIAL UMBRELLA LIABILITY POLICY DECLARATIONS Policy Number US00045338LI14A Renewal of US00045338LI113A ITEM 1. NAMED INSURED American Automobile Association of Northern California Nevada Utah MAILING ADDRESS 1900 Powell Street Emeryville CA 94608 ITEM 2. POLICY PERIOD FROM January 1 2014 TO January 1 2015 at 1201 A.M. at the address of the Named Insured stated above ITEM 3. LIMITS OF INSURANCE The limits of insurance subject to the terms of this policy are 25000000 Each Occurrence 25000000 General Aggregate In accordance with Section IIl. Limits of Insurance 25000000 Products Completed Operations Aggregate in accordance with Section IIl. Limits of Insurance SN A Combined Aggregate In accordance with Section IlI. Limits of Insurance ITEM 4. SELF INSURED RETENTION 10000 Each Occurrence ITEM. 5 UNDERLYING INSURANCE see Schedule Underlying Insurance attached. ITEM 6. POLICY PREMIUM 154382 plus 618 Federal Terrorism Risk Insurance Act 155000 Total Advance Premium Estimated Total Annual Exposure Rate per Advance Premium Minimum Premium FLAT ITEM 7. THIS POLICY INCLUDES THESE ENDORSEMENTS AT INCEPTION See attached schedule PRODUCER NAME Marsh Risk Insurance Services ADDRESS 345 California Street Suite 1300 San Francisco CA 94111 Attn John Kitchen A 01012014 Authorized Representative or Date Countersignature in states where applicable Issue Date January 23 2014 ry Office view Blvd. Ste. 100 gulatory 19341 0636 COMPANY PROVIDING COVERAGE L Insurance America Inc. 01 California Street Suite 1150 an Francisco CA 94111 DECLARATIONS olicy Number US00045338LI14A Renewal of US00045338LI113A EM 1. NAMED INSURED American Automobile Association of Northern California Nevada Utah MAILING ADDRESS 1900 Powell Street Emeryville CA 94608 EM 2. POLICY PERIOD FROM January 1 2014 TO January 1 2015 at 1201 A.M. at the address of the Named Insured stated above EM 3. LIMITS OF INSURANCE The limits of insurance subject to the terms of this policy are 25000000 Each Occurrence 25000000 General Aggregate In accordance with Section IIl. Limits of Insurance 25000000 Products Completed Operations Aggregate in accordance with Section IIl. Limits of Insurance SN A Combined Aggregate In accordance with Section IlI. Limits of Insurance EM 4. SELF INSURED RETENTION 10000 Each Occurrence EM. 5 UNDERLYING INSURANCE see Schedule Underlying Insurance attached. EM 6. POLICY PREMIUM 154382 plus 618 Federal Terrorism Risk Insurance Act 155000 Total Advance Premium stimated Total Annual Exposure Rate per Advance Premium Minimum Premium FLAT EM 7. THIS POLICY INCLUDES THESE ENDORSEMENTS AT INCEPTION See attached schedule RODUCER NAME Marsh Risk Insurance Services DDRESS 345 California Street Suite 1300 San Francisco CA 94111 A 01012014 Attn John Kitchen Authorized Representative or Date Countersignature in states where applicable US00045338LI14A CUU 001 0805 XL America Inc. 2004 | 2 |
COMMERCIAL UMBRELLA LIABILITY POLICY Various provisions in this Policy restrict coverage. Read the entire Policy carefully to determine rights duties and what is and is not covered. Throughout this Policy the words you and your refer to the Named Insured shown in Item 1 of the Declarations. 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. In consideration of the payment of premium and in reliance upon the statements in the Declarations and subject to the Limits of Insurance Exclusions Conditions Definitions and other terms of this Policy the Company named in the Declarations a capital stock company herein called the Company agrees with the Named Insured to provide coverage as follows SECTION 1. INSURING AGREEMENTS Coverage A. We will pay on behalf of the Insured those sums in excess of the Retained Limit that the Insured becomes legally obligated to pay as damages because of Bodily Injury Property Damage or Personal and Advertising Injury to which this insurance applies. The amount we will pay for damages is limited as described in Section IlI. Limits of Insurance. If we are prevented by law or statute from paying damages covered by this Policy on behalf of the Insured then we will indemnify the Insured for those sums in excess of the Retained Limit. B. This Policy applies 1. To Bodily Injury or Property Damage only if the Bodily Injury or Property Damage is caused by an Occurrence that takes place anywhere and the Bodily Injury or Property Damage occurs during the Policy Period 2. To Personal and Advertising Injury only if the Personal and Advertising Injury is caused by an Occurrence that takes place anywhere arising out of your business but only if the Occurrence was committed during the Policy Period and 3. To Bodily Injury Property Damage or Personal and Advertising Injury only if prior to the Policy Period no Insured designated in Section VI. Definitions F. Insured Paragraphs 1. and 2. no manager in your risk management insurance or legal department and no employee who was authorized by you to give or receive notice of an Occurrence claim or Suit knew that the Bodily Injury or Property Damage had occurred in whole or in part or that an Occurrence had been committed that caused Personal and Advertising Injury. If such an Insured manager or authorized employee knew prior to the Policy Period that the Bodily Injury or Property Damage had occurred or that an Occurrence had been committed that caused Personal and Advertising Injury then any continuation change or resumption of such Bodily Injury Property Damage or Personal and Advertising Injury during or after the Policy Period will be deemed to have been known prior to the Policy Period. CUU 050 0805 XL America Inc. 2004 Page 1 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 0 |
C. Bodily Injury or Property Damage which occurs during the Policy Period or an Occurrence which was committed and caused Personal and Advertising Injury and was not prior to the Policy Period known to have occurred by any Insured designated in Section VI. Definitions F. Insured Paragraphs 1. and 2. any manager in your risk management insurance or legal department or any employee authorized by you to give or receive notice of an Occurrence claim or Suit includes any continuation change or resumption of that Bodily Injury Property Damage or Personal and Advertising Injury after the end of the Policy Period. D. Bodily Injury Property Damage or Personal and Advertising Injury will be deemed to have been known to have occurred at the earliest time when any Insured designated in Section VI. Definitions F. Paragraphs 1 and 2 any manager in your risk management insurance or legal department or any employee who was authorized by you to give or receive notice of an Occurrence claim or Suit 1. Reports all or any part of the Bodily Injury Property Damage or Personal and Advertising Injury to us or any other insurer 2. Receives a written or verbal demand or claim for damages because of the Bodily Injury Property Damage or Personal and Advertising Injury or 3. Becomes aware by any other means that Bodily Injury or Property Damage has occurred or has begun to occur or an Occurrence has been committed that has caused or may cause Personal and Advertising Injury. E. This Policy does not apply to any Suit which is commenced prior to the effective date of this Policy where any Insured has been summoned or served with legal process in said Suit. F. Damages because of Bodily Injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the Bodily Injury. SECTION IIl. DEFENSE PROVISIONS A. We will have the right and duty to defend any Suit against the Insured that seeks damages for Bodily Injury Property Damage or Personal and Advertising Injury covered by this Policy even if the Suit is groundless false or fraudulent when 1. The total limits of Scheduled Underlying Insurance have been exhausted by the payment of Loss to which this Policy applies or 2. The damages sought are covered by this Policy but are not covered by Scheduled Underlying Insurance even if the total applicable limits of the Scheduled Underlying Insurance have not been exhausted by the payment of Loss. If any law or statute prevents us from complying with this agreement we will reimburse the Insured for the expenses incurred to meet those obligations if we have given our written consent. B. We have no duty to defend the Insured against any Suit seeking damages to which this insurance does not apply. CUU 050 0805 XL America Inc. 2004 Page 2 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
C. When we assume the defense of any Suit against the Insured that seeks damages covered by this Policy we will 1. Investigate negotiate and settle the Suit as we deem expedient and 2. Pay the following supplementary payments to the extent that such payments are not covered by Scheduled Underlying Insurance or any applicable Other Insurance a. f. Premiums on bonds to release attachments for amounts not exceeding the Policy Limits of Insurance but we are not obligated to apply for or furnish those bonds Premiums for all appeal bonds required by law to appeal a judgment in a Suit for amounts not exceeding the applicable Limits of Insurance of this Policy but we are not obligated to apply for or furnish any such bond All court costs taxed against the Insured in the Suit that relate to claims to which this insurance applies Pre judgment interest awarded against the Insured on that part of the judgment within the applicable Limits of Insurance of this Policy we pay. If we make an offer to pay the applicable Limits of Insurance we will not pay any pre judgment interest accruing after we make such offer All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable Limits of Insurance of this Policy and The Insured s expenses incurred at our request or with our consent. D. Except as provided in A. above we will have no duty to defend any Suit against the Insured. We will however have the right but not the duty to participate in the defense of any Suit and the investigation of any claim to which this Policy may apply. If we exercise this right we will do so at our own expense. E. Our right and duty to defend ends when we have used up the applicable Limits of Insurance in the payment of Loss. SECTION lIl. LIMITS OF INSURANCE A. The Limits of Insurance shown in Item 3 of the Declarations and rules below state the most we will pay for all damages under this Policy regardless of the number of 1. Insureds 2. Claims made or Suits brought 3. Persons or organizations making claims or bringing Suits or 4. Coverages provided under this Policy. B. Subject to the Limits of Insurance of this Policy we will pay only that amount of Loss that is in excess of the Retained Limit. CUU 050 0805 XL America Inc. 2004 Page 3 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
. If there is an amount shown on the Declarations for the General Aggregate Limit that amount is the most we will pay for all damages except for damages because of 1. The ownership maintenance operation use or entrustment of an Auto covered by this Policy or 2. Bodily Injury or Property Damage included in the Products Completed Operations Hazard.. If there is an amount shown on the Declarations for the Products Completed Operations Aggregate Limit that amount is the most we will pay for all damages included in the Products Completed Operations Hazard.. If there is an amount shown on the Declarations for Combined Aggregate Limit that amount is the most we will pay for all damages except damages because of the ownership maintenance operation use or entrustment of an Auto. Subject to C. D. or E. above whichever applies the Each Occurrence Limit is the most we will pay for all damages for Bodily Injury Property Damage Personal and Advertising Injury that arises out of any one Occurrence.. The Limits of Insurance of this Policy apply only in excess of the Retained Limit. If however the total Policy limits for any Policy shown in the Schedule of Underlying Insurance forming part of this Policy has a total Limit of Insurance 1. Greater than the amount shown in such schedule this Policy will apply in excess of the greater amount or 2. Less than the amount shown in such schedule this Policy will apply in excess of the amount shown in the Schedule of Underlying Insurance forming a part of this Policy and Other Insurance that is applicable and collectible. Expenses incurred to defend any Suit or to investigate any claim as provided in Section Il will be in addition to the applicable Limits of Insurance of this Policy. Provided however that if such expenses reduce the applicable limits of Scheduled Underlying Insurance then such expenses will reduce the applicable Limits of Insurance of this Policy. If the total applicable limits of Scheduled Underlying Insurance are reduced or exhausted by the payment of Loss to which this Policy applies we will 1. In the event of such reduction subject to the terms and conditions of this Policy pay excess of the sum of any remaining total applicable limits of Scheduled Underlying Insurance and any applicable and collectible Other Insurance and 2. In the event of exhaustion of the total applicable limits of Scheduled Underlying Insurance and any applicable and collectible Other Insurance continue in force subject to the terms and conditions of this Policy. However if the limits of the Scheduled Underlying Insurance are not collectible for any reason other than reduction or exhaustion by the payment of Loss our obligations will not be increased and we will pay only those amounts in excess of the limits of Scheduled Underlying Insurance shown in the Schedule of Underlying Insurance. CUU 050 0805 XL America Inc. 2004 Page 4 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
J. We will not make any payment under this Policy unless and until 1. The total applicable limits of Scheduled Underlying Insurance have been exhausted by the payment of Loss to which this Policy applies and any applicable limits of Other Insurance have been exhausted or 2. The total applicable Self Insured Retention has been satisfied by the payment of Loss to which this Policy applies. When the amount of Loss has finally been determined by an agreed settlement or a final judgment we will promptly pay on behalf of the Insured the amount of such Loss within the applicable Limits of Insurance of this Policy. K. The Limits of Insurance of this Policy apply separately to each consecutive annual period and to any remaining period of less than twelve 12 months beginning with the inception date of the Policy Period shown in the Declarations unless the Policy Period is extended after issuance for an additional period of less than twelve 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 of this Policy. L. If an Occurrence to which this Policy applies results in Bodily Injury Property Damage or Personal and Advertising Injury that is continuous or progressively deteriorating over consecutive annual periods the maximum Limit of Insurance we will pay under this Policy and any other Policy we issue to any Insured including but not limited to any Policy which term is prior to or subsequent to this Policy will be the amount set forth in the Declarations of this Policy. SECTION IV. EXCLUSIONS A. Aircraft or Watercraft This insurance does not apply to 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 and 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. B. Asbestos This insurance does not apply to any liability arising out of 1. The manufacture of mining of use of sale of installation of removal of distribution of or exposure to asbestos asbestos products asbestos fibers or asbestos dust 2. Any obligation of the Insured to indemnify a party because of damages arising out of the manufacture of mining of use of sale of installation of removal of distribution of or exposure to asbestos asbestos products asbestos fibers or asbestos dust or CUU 050 0805 XL America Inc. 2004 Page 5 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
3. Any obligation to defend any Suit or claim against the Insured that seeks damages if such Suit or claim arises as the result of the manufacture of mining of use of sale of installation of removal of distribution of or exposure to asbestos asbestos products asbestos fibers or asbestos dust. C. Contractual Liability This insurance does not apply to Bodily Injury Property Damage or Personal and Advertising Injury for which the Insured is obligated to pay by reason of assumption of liability in a contract or agreement. This exclusion does not apply to 1. Liability for Bodily Injury Property Damage or Personal and Advertising Injury that the Insured would have in the absence of a contract or agreement or 2. Liability for Bodily Injury or Property Damage assumed in an Insured Contract provided Bodily Injury or Property Damage occurs subsequent to the execution and prior to the termination of the Insured Contract. Solely for the purposes of liability assumed in an Insured Contract reasonable attorney fees and litigation expenses incurred by or for a party other than an Insured are not deemed to be supplementary payments under Section II.C. 2. Such fees costs and expenses will be considered damages because of Bodily Injury or Property Damage and included in the Limits of Insurance of this Policy 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 Policy applies are alleged. D. Damage to Impaired Property Not Physically Injured This insurance does not apply to 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. E. Damage to Property This insurance does not apply to Property Damage for 1. Property you own rent or occupy including any costs or expenses incurred by you or another 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 CUU 050 0805 XL America Inc. 2004 Page 6 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
2. Premises you sell give away or abandon if the Property Damage arises out of any part of those premises 3. Property loaned to you 4. Personal property in the care custody or control of the Insured 5. 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. 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 This insurance does not apply to Property Damage to Your Product arising out of it or any part of it. G. Damage to Your Work This insurance does not apply to 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 Data This insurance does not apply to damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. I. Employees and Volunteers This insurance does not apply to liability of any employee or volunteer qualifying as an Insured under this Policy arising out of Bodily Injury Property Damage or Personal and Advertising Injury CUU 050 0805 XL America Inc. 2004 Page 7 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
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 co employee 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 sister of such injured co employee or volunteer worker as a consequence of Paragraph.1 above 3. To the spouse child parent brother or sister of that co employee or volunteer worker who must pay damages because of the injury described in Exclusion I. 1. and 2. above or 4. Arising out of his or her providing or failing to provide professional health care services. Paragraphs 1. 2. and 3. of this exclusion do not apply to the extent that applicable and collectible Scheduled Underlying Insurance for such Bodily Injury Property Damage or Personal and Advertising Injury exists or would have existed but for the reduction or exhaustion of Scheduled Underlying Insurance by the payment of Loss to which this Policy applies. Coverage provided by this Policy will follow the provisions exclusions and limitations of the Scheduled Underlying Insurance unless otherwise provided by the terms of this Policy. However the insurance provided by this Policy will not be broader than the insurance coverage provided by such Scheduled Underlying Insurance. J. Employment Practices This insurance does not apply to any liability arising out of 1. Failure to hire any prospective employee or any applicant for employment 2. Dismissal discharge or termination of any employee 3. Failure to promote or advance any employee or 4. Employment related practices policies acts omissions or misrepresentations directed at a present past future or prospective employee including but not limited to a. b. c. d. Coercion harassment humiliation or discrimination Demotion evaluation reassignment discipline or retaliation Libel slander humiliation defamation or invasion of privacy or Violation of civil rights. This exclusion applies 1. Whether the Insured may be liable as an employer or in any other capacity and 2. To any obligation to share damages with or repay someone else who must pay damages because of the injury. CUU 050 0805 XL America Inc. 2004 Page 8 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
K. ERISA This insurance does not apply to any obligation of the Insured under the Employment Retirement Income Security Act of 1974 including amendments relating to the Consolidated Omnibus Budget Reconciliation Act of 1985 or any amendment or revision thereto or any similar law. L. Expected or Intended Injury This insurance does not apply to Bodily Injury or Property Damage expected or intended from the standpoint of the Insured. However this exclusion does not apply to Bodily Injury or Property Damage resulting from the use of reasonable force by the Insured to protect persons or property. M. Liquor Liability This insurance does not apply to 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 only if you are in the business of manufacturing distributing selling servicing or furnishing alcoholic beverages. This exclusion does not apply to the extent that applicable and collectible Scheduled Underlying Insurance for such Bodily Injury or Property Damage exists or would have existed but for the reduction or exhaustion of Scheduled Underlying Insurance by the payment of Loss to which this Policy applies. Coverage provided by this Policy will follow the provisions exclusions and limitations of the Scheduled Underlying Insurance unless otherwise provided by the terms of this Policy. However the insurance provided by this Policy will not be broader than the insurance coverage provided by such Scheduled Underlying Insurance. N. No Fault Uninsured Motorist or Underinsured Motorist Laws This insurance does not apply to any obligation of the Insured under any No Fault Uninsured or Underinsured Motorist law or any similar law. 0. Nuclear Liability This insurance does not apply to 1. Any liability a. With respect to which an Insured under this Policy is also an Insured under a nuclear energy liability Policy issued by the Nuclear Energy Liability Property Insurance Association Mutual Atomic Energy Liability Underwriters or the Nuclear Insurance Association of Canada or any of their successors or would be an Insured under any such Policy but for its termination upon exhaustion of its limit of liability CUU 050 0805 XL America Inc. 2004 Page 9 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
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 an agency thereof with any person or organization or Resulting from the hazardous properties of nuclear material if i The nuclear material 1 is at any nuclear facility owned by the Insured or operated by or on behalf of the Insured or 2 has been discharged or dispensed therefrom ii 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 the Insured or i The injury or damage arises out of the furnishing by the Insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this Exclusion iii applies only to Property Damage to such nuclear facility and any property thereat. 2. As used in this exclusion a. b. Hazardous properties includes radioactive toxic or explosive properties Nuclear material means source material special nuclear material or by product material Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or any law amendatory thereof Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor Waste means any waste material 1 containing by product material and 2 resulting from the operation by any person or organization of a nuclear facility included within the definition of nuclear facility below Nuclear facility means i any nuclear reactor ii 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 wastes iii 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 Insured s custody at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 or CUU 050 0805 XL America Inc. 2004 Page 10 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
iv any structure basin excavation premises or place prepared or used for storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations g. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material and h. Property Damage includes all forms of radioactive contamination of property. P. Personal and Advertising Injury This insurance does not apply to Personal and Advertising Injury 1. 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 Avrising out of oral or written publication of material if done by or at the direction of the Insured with the knowledge of its falsity Avrising out of oral or written publication of material whose first publication took place before the beginning of the Policy Period Arising out of a criminal act committed by or at the direction of the Insured For which the Insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the Insured would have in the absence of the contract or agreement Arising out of a breach of contract except an implied contract to use another s advertising idea in your Advertisement Arising out of the failure of goods products or services to conform with any statement of quality or performance made in your Advertisement Arising out of the wrong description of the price of goods products or services stated in your Advertisement Arising out of the infringement of copyright 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.. Committed by an Insured whose business is a. Advertising broadcasting publishing or telecasting b. Designing or determining content of websites for others or CUU 050 0805 XL America Inc. 2004 Page 11 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
c. An Internet search access content or service provider. However this exclusion does not apply to Paragraphs M. 1 2 and 3. of Personal and Advertising Injury under Section VI Definitions. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. 11. Arising out of an electronic chatroom or bulletin board the Insured hosts owns or over which the Insured exercises control or 12. Arising out of the unauthorized use of another s name likeness trade dress slogan style of doing business or product in your e mail address domain name web page or internet domain or metatag or any other similar tactics to mislead another s potential customers. However this exclusion does not apply to infringement in your Advertisement of copyright trade dress or slogan. Q. Pollution This insurance does not apply to 1. Any 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. Ator from any premises site or location that 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 that 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. That are or were at any time transported handled stored treated disposed of or processed as waste by or for any Insured or any person or organization for whom you may be legally responsible 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 contained in any property that is i Being transported or towed by handled or handled for movement into onto or from an Auto covered by Scheduled Underlying Insurance CUU 050 0805 XL America Inc. 2004 Page 12 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
i Otherwise in the course of transit by or on behalf of the Insured iii Being stored disposed of treated or processed in or upon an Auto covered by Scheduled Underlying Insurance i 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 an Auto covered by Scheduled Underlying Insurance or i After the Pollutants or any property in which the Pollutants are contained are moved from the Auto covered by Scheduled Underlying Insurance to the place where they are finally delivered disposed of or abandoned by the Insured. 2. Any Loss cost or expense arising out of any a. Request demand order or statutory or regulatory requirement that any Insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of Pollutants or Claim or Suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of Pollutants. However this exclusion will not apply to Bodily Injury or Property Damage as described in Subparagraphs 1 through 6 below but only if such coverage is provided by Scheduled Underlying Insurance 1 2 3 Products Completed Operations Hazard Paragraphs 1. a. through 1. e. do not apply with respect to Bodily Injury or Property Damage included within the Products Completed Operations Hazard provided that Your Product or Your Work has not at any time been a Discarded dumped abandoned thrown away or b Treated or handled as waste by anyone. Hostile Fire Paragraphs 1. a. and 1. d. do not apply with respect to Bodily Injury or Property Damage arising out of heat smoke or fumes from a Hostile Fire. Equipment to Heat the Building and Contractor Lessee Operations Paragraph 1. a. of this exclusion does not apply to a Bodily Injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests. CUU 050 0805 XL America Inc. 2004 Page 13 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
4 5 b 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 such 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. Fuels Lubricants and Other Operating Fluids Mobile Equipment Paragraph 1. d. of this exclusion does not apply to a b Bodily Injury or Property Damage arising out of the escape of fuels lubricants or other operating fluids that are needed to perform normal electrical hydraulic or mechanical functions necessary for the operation of Mobile Equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. 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 or 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. Fuels Lubricants Fluids etc. Auto 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 an Auto covered by Scheduled Underlying Insurance or its parts if a b 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 The Bodily Injury or Property Damage does not arise out of the operation of any equipment listed in Paragraphs 6. b. and 6. c. of the definition of Mobile Equipment. 6 Upset Overturn or Damage of an Auto Paragraph 1. g. does 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 an Auto covered by Scheduled Underlying Insurance 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 an Auto covered by Scheduled Underlying Insurance and b The discharge dispersal seepage migration release or escape of the Pollutants is caused directly by such upset overturn or damage. CUU 050 0805 XL America Inc. 2004 Page 14 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
R. Recall of Your Product Your Work or Impaired Property This insurance does not apply to damages claimed for any Loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1. Your Product 2. Your Work or 3. Impaired Property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. S. Securities This insurance does not apply to any liability arising out of 1. Any violation of any securities law or similar law or any regulation promulgated thereunder 2. The purchase sale offer of sale or solicitation of any security debt insurance policy bank deposit or financial interest or instrument 3. Any representations made at any time in relation to the price or value of any security debt insurance policy bank deposit or financial interest or instrument or 4. The depreciation or decline in price or value of any security debt insurance policy bank deposit or financial interest or instrument. T. War This insurance does not apply to Bodily Injury Property Damage or Personal and Advertising Injury however caused arising directly or indirectly out of 1. War including undeclared or civil war 2. Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3. Insurrection rebellion revolution usurped power or action taken by the governmental authority in hindering or defending against any of these. U. Workers Compensation This insurance does not apply to any obligation of the Insured under any workers compensation disability benefits or unemployment compensation law or any similar law. CUU 050 0805 XL America Inc. 2004 Page 15 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
SECTION V. CONDITIONS A Appeals If the Insured or the insurers providing Scheduled Underlying Insurance or Other Insurance do not appeal a judgment in excess of the total limits of Scheduled Underlying Insurance and Other Insurance we may elect to do so. If we appeal we shall be liable for in addition to the applicable Limits of Insurance of this Policy all costs taxes expenses incurred and interest on judgments incidental to such an appeal. Audit We may audit and examine your books and records as they relate to this Policy at any time during the period of this Policy and for up to three 3 years after the expiration or termination of this Policy. Bankruptcy or Insolvency Your bankruptcy insolvency or inability to pay or the bankruptcy insolvency or inability to pay of any insurers providing Scheduled Underlying Insurance or Other Insurance will not relieve us from the payment of Loss covered by this Policy. But under no circumstances will such bankruptcy insolvency or inability to pay require us to drop down replace or assume any obligation under Scheduled Underlying Insurance. D. Cancellation 1. The first Named Insured shown in the Declarations may cancel this Policy. You must mail or deliver advance written notice to us stating when the cancellation is to take effect. 2. We may cancel this Policy by mailing or delivering to the first Named Insured shown in the Declaration written notice of cancellation at least a. Ten 10 days before the effective date of cancellation for non payment of premium or b. Sixty 60 days before the effective date of cancellation if we cancel for any other reason. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. Notice of cancellation will state the effective date of cancellation. The Policy Period will end on the day and hour stated in the cancellation notice. If this Policy is cancelled we will send to the first Named Insured any premium refund due as follows a. If we cancel final premium will be calculated pro rata based on the time this Policy was in force. Final premium will not be less than the pro rata share of the Minimum Premium shown in Item 6 of the Declarations. CUU 050 0805 XL America Inc. 2004 Page 16 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
b. 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 shown in Item 6 of the Declarations. 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 of unearned premium. Our check or our representative s check mailed or delivered shall be sufficient tender of any refund due you. 6. If notice is mailed proof of mailing will be sufficient proof of notice. 7. Any of these provisions that conflict with a law that controls the cancellation of this Policy is changed by this statement to comply with that law. E. Changes Notice to any agent or knowledge possessed by any agent or any other person will not effect a waiver or change in any part of this Policy. This Policy can be changed only by a written endorsement that we make a part of this Policy. F. Compliance with U.S. Treasury Department s Office of Foreign Assets Control OFAC In accordance with Office of Foreign Assets Control hereinafter referred to as 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 or premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. G. Duties in the Event of an Occurrence Claim or Suit 1. You must see to it that we are notified as soon as practicable of an Occurrence that may result in a claim or Suit 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 any 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 which is reasonably likely to involve this Policy you must notify us in writing as soon as practicable Written notice should be mailed or delivered to the Company at the following address XL Insurance Claims Department One World Financial Center 200 Liberty Street 22nd Floor New York NY 10281 Attn Excess Casualty Claims Manager CUU 050 0805 XL America Inc. 2004 Page 17 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
H. 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 settlement or defense of the claim or Suit and d. Assist us upon our request in the enforcement of any right against any person or organization that may be liable to the Insured because of injury or damage to which this insurance may also apply. 4. For any Occurrence where notice has been given to us no Insureds will except at their own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our expressed consent. Headings The descriptions in the headings of this Policy are solely for convenience and form no part of the terms and conditions of coverage. Inspection We have the right but are not obligated to inspect your premises and operations at any time. Our inspections are not safety inspections. They relate only to the insurability of your premises and operations and the premiums to be charged. We may give you reports on the conditions that we find. We may also recommend changes. We do not however undertake to perform the duty of any person or organization to provide for the health or safety of your employees or the public. We do not warrant the health and safety conditions of your premises or operations or represent that your premises or operations comply with laws regulations codes or standards. Legal Actions Against the Company There will be no right of action against us under this insurance unless 1. You have complied with all the terms of this Policy and 2. The amount you owe has been determined with our consent or by actual trial and final judgment. Maintenance of Scheduled Underlying Insurance During the Policy Period you agree 1. To keep Scheduled Underlying Insurance in full force and effect 2. That the terms definitions conditions and exclusions of Scheduled Underlying Insurance will not materially change 3. That the total applicable limits of Scheduled Underlying Insurance shall not decrease except for any reduction or exhaustion of aggregate limits by payment of Loss and CUU 050 0805 XL America Inc. 2004 Page 18 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
4. That any renewals or replacements of Scheduled Underlying Insurance will provide equivalent coverage to and afford limits of insurance equal to or greater than the policy being renewed or replaced. If you fail to comply with these requirements we will be liable only to the same extent that we would had you fully complied with these requirements. In the event of bankruptcy liquidation insolvency or unwillingness of the insurer providing Scheduled Underlying Insurance to pay Loss covered by Scheduled Underlying Insurance we will be liable only to the same extent that we would have had the Scheduled Underlying Insurance been applicable and collectible. Other Insurance This insurance is excess over and shall not contribute with any of the Other Insurance whether primary excess contingent or on any other basis. This condition will not apply to insurance specifically written as excess over this Policy. When this insurance is excess we will have no duty to defend the Insured against any Suit if any other insurer has a duty to defend the Insured against that Suit. If no other insurer defends we will undertake to do so but we will be entitled to the Insured s rights against all those other insurers. When this insurance is excess over Other Insurance we will pay only our share of the Loss that exceeds the sum of 1. The total amount that all such Other Insurance would pay for the Loss in the absence of this insurance 2. The total of all deductible and self insured amounts under all that Other Insurance. Premium The first Named Insured designated in Item 1 of the Declarations shall be responsible for payment of all premiums when due. The premium for this Policy shall be computed on the basis set forth in Item 6 of the Declarations. At the beginning of the Policy Period you must pay us the Advance Premium shown in ltem 6 of the Declarations. When this Policy expires or if it is cancelled we will compute the earned premium for the time this Policy was in force. If this Policy is subject to audit adjustment the actual exposure base will be used to compute the earned premium. If the earned premium is greater than the Advance Premium you will promptly pay us the difference. If the earned premium is less than the Advance Premium we will return the difference to you. But in any event we shall retain the Minimum Premium as shown in Item 6 of the Declarations for each twelve 12 months of the Policy Period. CUU 050 0805 XL America Inc. 2004 Page 19 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
Separation of Insureds Except with respect to the Limits of Insurance of this Policy and rights or duties specifically assigned to the first Named Insured designated in Item 1 of the Declarations this insurance applies 1. Asif each Named Insured were the only Named Insured and 2. Separately to each Insured against whom claim is made or Suit is brought. Transfer of Rights of Recovery 1. If any Insured has rights to recover all or part of any payment we have made under this Policy those rights are transferred to us. The Insured must do nothing after Loss to impair these rights and must help us enforce them. 2. Any recoveries shall be applied as follows a. any person or organization including the Insured that has paid an amount in excess of the applicable Limits of Insurance of this Policy will be reimbursed first b. we then will be reimbursed up to the amount we have paid and c. lastly any person or organization including the Insured that has paid an amount over which this Policy is excess is entitled to claim the remainder. Expenses incurred in the exercise of rights of recovery shall be apportioned among the persons or organizations including the Insured in the ratio of their respective recoveries as finally determined. 3. If prior to the time of an Occurrence you and the insurer of Scheduled Underlying Insurance waive any right of recovery against a specific person or organization for injury or damage as required under an Insured Contract we will also waive any rights we may have against such person or organization. Transfer of Your Rights and Duties Your rights and duties under this Policy may not be transferred without our written consent. If you die or are legally declared bankrupt your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. However notice of cancellation sent to the first Named Insured designated in Item 1 of the Declarations and mailed to the address shown in this Policy will be sufficient notice to effect cancellation of this Policy. When We Do Not Renew If we decide not to renew this Policy we will mail or deliver to the first Named Insured shown in the Declarations written notice of the non renewal not less than thirty 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. CUU 050 0805 XL America Inc. 2004 Page 20 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
SECTION VI. DEFINITIONS A F. 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. Auto means 1. A land motor vehicle trailer or semi trailer designed for travel on public roads including any attached machinery or equipment or 2. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor insurance law in the state where it is licensed or principally garaged. However Auto does not include Mobile Equipment. Bodily injury means bodily injury sickness or disease sustained by any person including death mental anguish mental injury shock or humiliation resulting from any of these at any time. Hostile fire means a fire that becomes uncontrollable or breaks out from where it was intended to be. Impaired Property means tangible property other than Your Product or Your Work that can not be used or is less useful because 1. Itincorporates Your Product or Your Work that is known or thought to be defective deficient inadequate or dangerous or 2. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by 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 1. The Named Insured and 2. 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. CUU 050 0805 XL America Inc. 2004 Page 21 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
G. b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. c. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. d. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. e. Atrust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. 3. 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. 4 Your volunteer workers but only while performing duties related to the conduct of your business. 5. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. 6. Your legal representative if you die but only with respect to duties as such. That representative will have your rights and duties under this Policy. 7. Any person or organization other than the Named Insured included as an additional insured under Scheduled Underlying Insurance but not for broader coverage than would be afforded by such Scheduled Underlying Insurance. Notwithstanding any of the above a. No person or organization is an Insured with respect to the conduct of any current past or newly formed partnership joint venture or limited liability company that is not designated as a Named Insured in Item 1 of the Declarations and b. No person or organization is an Insured under this Policy who is not an Insured under Scheduled Underlying Insurance. Insured Contract means 1. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an Insured Contract 2. Asidetrack agreement 3. Any easement or license agreement except in connection with construction or demolition operations on or within fifty 50 feet of a railroad CUU 050 0805 XL America Inc. 2004 Page 22 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality An elevator maintenance agreement That part of any contract or agreement entered into as part of your business pertaining to the rental or lease by you or any of your employees of any Auto. However such contract or agreement shall not be considered an Insured Contract to the extent that it obligates you or any of your employees to pay for Property Damage to any Auto rented or leased by you or any of your employees. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for Bodily Injury or Property Damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraphs 6. and 7. do not include that part of any contract or agreement 1 That indemnifies a railroad for Bodily Injury or Property Damage arising out of construction or demolition operations within fifty 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing That indemnifies an architect engineer or surveyor for injury or damages arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3 Under which the Insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the Insured s rendering or failure to render professional services including those listed in G.2 above and supervisory inspection architectural or engineering activities. 4 That pertains to the loan lease or rental of an Auto to you or any of your employees if the Auto is loaned leased or rented with a driver or 5 That holds a person or organization engaged in the business of transporting property by Auto for hire harmless for your use of an Auto covered by Scheduled Underlying Insurance over a route or territory that person or organization is authorized to serve by public authority. Loss means those sums actually paid as judgments or settlements. Loss shall also mean expenses incurred to investigate a claim or defend a Suit if so provided in Scheduled Underlying Insurance. 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 CUU 050 0805 XL America Inc. 2004 Page 23 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
J. Vehicles maintained for use solely on or next to premises you own or rent Vehicles that travel on crawler treads Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted a. Power cranes shovels loaders diggers or drills or b. Road construction or resurfacing equipment such as graders scrapers or rollers 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 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 Auto 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. However Mobile Equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered Autos. Named Insured means 1. Any person or organization designated in Iltem 1 of the Declarations CUU 050 0805 XL America Inc. 2004 Page 24 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
2. Any organization in which you maintain an interest of more than fifty 50 percent as of the effective date of this Policy and to which more specific insurance does not apply provided that this Policy does not apply to any Bodily Injury or Property Damage that occurred or any Personal and Advertising Injury that was caused by an Occurrence that was committed before you acquired or formed such organization or after you ceased to maintain an interest of more than fifty 50 percent in such organization and 3. Any organization except for a partnership joint venture or limited liability company that you acquire or form during the Policy Period in which you maintain an interest of more than fifty 50 percent and to which more specific insurance does not apply provided that a. This Policy does not apply to any Bodily Injury or Property Damage that occurred or any Personal and Advertising Injury that was caused by an Occurrence that was committed before you acquired or formed such organization and b. You give us prompt notice after you acquire or form such organization. A partnership joint venture or limited liability company that you acquire or form during the Policy Period may be added as an Insured only by a written endorsement that we make a part of this Policy. We may at our option make an additional premium charge for any organization that you acquire or form during the Policy Period. Notwithstanding any of the above no person or organization is a Named Insured under this Policy who is not a Named Insured under Scheduled Underlying Insurance. Occurrence means 1. As respects 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 harmful conditions will be deemed to arise out of one Occurrence. 2. As respects Personal and Advertising Injury an offense arising out of your business that causes Personal and Advertising Injury. All damages that arise from the same related or repeated injurious material or act will be deemed to arise out of one Occurrence regardless of the frequency or repetition thereof the number and kind of media used and the number of claimants. Other Insurance means a policy of insurance providing coverage for damages to which this insurance also applies. Other Insurance also means any retention in a policy other than this Policy whereby a party other than an insurer is responsible for all or part of any sums payable. Other Insurance does not include 1 Scheduled Underlying Insurance 2 the Self Insured Retention in this Policy or 3 any policy of insurance specifically purchased to be excess of this Policy affording coverage that this Policy also affords.. Personal and Advertising Injury means injury arising out of your business including consequential Bodily Injury arising out of one or more of the following offenses 1. False arrest detention or imprisonment CUU 050 0805 XL America Inc. 2004 Page 25 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
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 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. Policy Period means the period of time from the inception date shown in the Declarations to the earlier of the expiration date shown in the Declarations or the effective date of termination of this Policy.. Pollutants means any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. Products Completed Operations Hazard means all Bodily Injury and Property Damage occurring away from premises you own or rent and arising out of Your Product or Your Work except 1. Products that are still in your physical possession or 2. Work that has not yet been completed or abandoned. However Your Work will be deemed competed at the earliest of the following times a. When all of the work called for in your contract has been completed b. When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site 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. Products Completed Operations 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 on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any Insured or 2. The existence of tools uninstalled equipment or abandoned or unused materials. CUU 050 0805 XL America Inc. 2004 Page 26 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
. Property Damage means 1. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or 2. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the Occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. 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 services or any other media which are used with electronically controlled equipment. Retained Limit means 1. The total applicable limits of Scheduled Underlying Insurance providing coverage to the Insured or 2. The Self Insured Retention shown in the Declarations applicable to each Occurrence that results in Loss not covered by Scheduled Underlying Insurance. Scheduled Underlying Insurance means 1. The policy or policies of insurance or the limits of insurance shown in the Schedule of Underlying Insurance forming a part of this Policy and 2. Automatically any renewal or replacement of any policy in Paragraph 1. provided that such renewal or replacement provides equivalent coverage to and affords limits of insurance equal to or greater than the policy being renewed or replaced. Scheduled Underlying Insurance does not include a policy of insurance specifically purchased to be excess of this Policy affording coverage that this Policy also affords. Self Insured Retention means the dollar amount set forth in Item 4 of the Declarations that will be paid by the Insured before this insurance becomes applicable but only with respect to Occurrences not covered by the Scheduled Underlying Insurance. The Self Insured Retention does not apply to Occurrences which would have been covered by Scheduled Underlying Insurance but for the exhaustion of applicable limits by the payment of Loss. The Insured s bankruptcy insolvency or inability to pay the Self Insured Retention shall not increase our obligation under this Policy. Suit means a civil proceeding in which damages because of Bodily Injury Property Damage or Personal and Advertising Injury to which this Policy 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 CUU 050 0805 XL America Inc. 2004 Page 27 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
W. 2. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the Insured submits with our expressed consent. Suit does not include any injunction or order from a governmental agency or body requesting action from any Insured. Your Product 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. Your Product 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. Your Product does not include vending machines or other property rented to or located for the use of others but not sold. Your Work 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. Your Work 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. CUU 050 0805 XL America Inc. 2004 Page 28 of 28 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
Schedule of Underlying Insurance Policy Number US00045338LI14A Type of Policy Applicable Limits Insurer Policy Period A Commercial General Liability 2000000 General Aggregate Limit ACE American 01012014 2000000 Products Completed Insurance 01012015 Operations Aggregate Limit Company XSL G25840379 1000000 Personal and Advertising Injury Limit 1000000 Each Occurrence Limit Above listed limits are excess of a 250000 Self Insured Retention ALAE erodes the retained limit does not erode policy limit. B Employee Benefits Liability 1000000 Each Employee ACE American 01012014 2000000 Aggregate Insurance 01012015 712002 Retroactive Date Company XSL G25840379 Above listed limits are excess of a 250000 Self Insured Retention ALAE erodes the retained limit does not erode policy limit. C Automobile Liability 2000000 Combined Single Limit ACE American 01012014 Insurance 01012015 Company SCA H08685186 Defense expenses do not erode the limit of insurance. D Employers Liability Bodily Injury by Accident ACE American 01012014 1000000 Each Accident Insurance 01012015 Bodily Injury by Disease Company WLR C47330543 1000000 Policy Limit Bodily Injury by Disease 1000000 Each Employee Defense expenses do not erode the limit of insurance. E Foreign Commercial General Liability 1000000 Each Occurrence ACE American 01012014 Not Applicable General Aggregate Limit Insurance 01012015 2000000 Products Completed Company PHFD37570850 002 Operations Aggregate 1000000 Personal and Advertising Injury Limit Defense expenses do not erode the limit of insurance. F Foreign Employee 1000000 Each Claim ACE American 01012014 Benefits Liability 2000000 Annual Aggregate Limit Insurance 01012015 Company PHFD37570850 002 Defense expenses do not erode the limit of insurance. G Automobile Liability 1000000 Each Accident ACE American 01012014 Insurance 01012015 Company PHFD37570850 002 Defense expenses do not erode the limit of insurance. CUU 003 0805 XL America Inc. 2004 | 2 |
H Foreign Employers Bodily Injury by Accident ACE American 01012014 Liability 1000000 Each Accident Insurance 01012015 Bodily Injury by Disease Company PHFD37570850 002 1000000 Policy Limit Bodily Injury by Disease 1000000 Each Employee Defense expenses do not erode the limit of insurance. I Non Owned Aircraft 50000000 Combined Single Limit Federal 01012014 Liability Insurance 01012015 Company 9960 6344 03 Defense expenses do not erode the limit of insurance. CUU 003 0805 XL America Inc. 2004 | 2 |
Endorsement No. 01 Form CUU 002 0805 Rev. Page Effective Date January 1 2014 Issue Date Attached to and forming part of Policy No. US00045338LI14A Issued To American Automobile Association of Northern California Nevada Utah By XL Insurance America Inc. Endorsement Schedule Item 7. This Policy includes the following endorsements at inception Endorsement Number Endorsement Title Important Information To Policyholders California PN CA 02 0511 Fraud Notice PN CW 01 0613 Privacy Policy PN CW 02 0505 U.S. Treasury Department s Office Of Foreign Assets Control OFAC PN CW 05 1010 Disclosure Pursuant To Terrorism Risk Insurance Act IL 09 85 01 08 In Witness XL Insurance America Inc. IL MP 9104 0211 XLIA Commercial Umbrella Liability Policy Declarations CUU 001 0805 Commercial Umbrella Liability Policy CUU 050 0805 Schedule of Underlying Insurance CUU 003 0805 01 Endorsement Schedule CUU 002 0805 02 Aircraft Liability Limitation CUU 400 0706 03 Amendment Of Cancellation Provisions 90 Days CUU 401 0805 04 Automobile Liability Limitation CUU 606 0805 05 Cap On Losses From Certified Acts Of Terrorism CUU 431 0108 06 Contractual Liability Limitation CUU 404 0805 07 Employee Benefits Liability Limitation Claims Made CUU 406 0706 08 Employers Liability Limitation CUU 419 0805 09 Foreign Liability Limitation CUU 420 0805 10 Incidental Medical Malpractice Limitation Endorsement CUU 433 1006 11 Insurance Company Endorsement CUU 412 0805 12 Joint Venture Endorsement CUU 417 0805 13 Knowledge Of Occurrence Or Claim Endorsement CUU 437 1006 14 Pollution Exclusion Named Peril And Time Element CUU 642 1006 15 Standard Policy Modification Endorsement CUU 435 1006 16 Terrorism Retained Limit Endorsement CUU 426 0108 17 Violation Of Communication Or Information Law Exclusion CUU 646 0706 18 Professional Liability Exclusion with Exception for Bodily Injury and Property Damage MANUSCRIPT 19 Designated Endorsements Follow Form MANUSCRIPT Rev. Page A CUU 002 0805 XL America Inc. 2004 | 2 |
Endorsement No. 02 Form CUU 400 0706 Rev. Page Effective Date January 1 2014 Issue Date Attached to and forming part of Policy No. US00045338LI14A Issued To American Automobile Association of Northern California Nevada Utah By XL Insurance America Inc. Aircraft Liability Limitation This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided under the following Commercial Umbrella Liability Policy Section IV. Exclusions Paragraph A is replaced with the following Rev. Page This insurance does not apply to 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 and 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. However this exclusion does not apply to Bodily Injury or Property Damage arising out of the ownership maintenance use or entrustment to others of any aircraft owned or operated by or rented or loaned to any Insured to the extent that applicable and collectible Scheduled Underlying Insurance for such Bodily Injury or Property Damage exists or would have existed but for the reduction or exhaustion of Scheduled Underlying Insurance by the payment of Loss to which this policy applies. Coverage provided by this policy will follow the provisions exclusions and limitations of the Scheduled Underlying Insurance unless otherwise provided by the terms of this policy. However the insurance provided by this policy will not be broader than the insurance coverage provided by such Scheduled Underlying Insurance. Al other terms definitions conditions and exclusions of this policy remain unchanged. CUU 400 0706 XL America Inc. 2004 | 2 |
Endorsement No. 03 Form CUU 401 0805 Rev. Page Effective Date January 1 2014 Issue Date Attached to and forming part of Policy No. US00045338LI14A Issued To American Automobile Association of Northern California Nevada Utah By XL Insurance America Inc. Amendment of Cancellation Provisions This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided under the following Commercial Umbrella Liability Policy SCHEDULE Number of Days Notice 90 If no entry appears above information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement. For any statutorily permitted reason other than nonpayment of premium the number of days required for notice of cancellation as provided in Paragraph 2. of either the Cancellation Condition or as amended by an applicable state cancellation endorsement is increased to the number of days shown in the Schedule above. All other terms definitions conditions and exclusions of this Policy remain unchanged. Rev. Page CUU 401 0805 XL America Inc. 2004 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
Endorsement No. 04 Form CUU 606 0805 Rev. Page Effective Date January 1 2014 Issue Date Attached to and forming part of Policy No. US00045338LI14A Issued To American Automobile Association of Northern California Nevada Utah By XL Insurance America Inc. Automobile Liability Limitation This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided under the following Commercial Umbrella Liability Policy Section IV. Exclusions are amended to add the following This insurance does not apply to Bodily Injury Property Damage Personal Injury or Advertising Injury arising out of the ownership maintenance operation use loading or unloading or entrustment to others of any Auto. 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 Auto that is owned or operated by or rented or loaned to any Insured. This exclusion does not apply to the extent that applicable and collectible Scheduled Underlying Insurance for such Bodily Injury Property Damage or Personal and Advertising Injury exists or would have existed but for the reduction or exhaustion of Scheduled Underlying Insurance by the payment of Loss to which this policy applies. Coverage provided by this policy will follow the provisions exclusions and limitations of the Scheduled Underlying Insurance unless otherwise provided by the terms of this policy. However the insurance provided by this policy will not be broader than the insurance coverage provided by such Scheduled Underlying Insurance. Rev. Page All other terms definitions conditions and exclusions of this policy remain unchanged. CUU 606 0805 XL America Inc. 2004 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
Endorsement No. 05 Form CUU 4310108 Rev. Page Effective Date January 1 2014 Issue Date Attached to and forming part of Policy No. US00045338LI114A Issued To American Automobile Association of Northern California Nevada Utah By XL Insurance America Inc. Cap on Losses from Certified Acts of Terrorism Rev. Page This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided under the following Commercial Umbrella Liability Policy If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insurance Act exceed 100 billion in a Program Year January 1 through December 31 and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. 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 and any amendments thereto. The criteria contained in the federal Terrorism Risk Insurance Act for a certified act of terrorism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. All other terms definitions conditions and exclusions of this policy remain unchanged. CUU 4310108 XL America Inc. 2008 Page 10f 1 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
Endorsement No. 06 Form CUU 404 0805 Rev. Page Effective Date January 1 2014 Issue Date Attached to and forming part of Policy No. US00045338LI114A Issued To American Automobile Association of Northern California Nevada Utah By XL Insurance America Inc. Contractual Liability Limitation This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided under the following Commercial Umbrella Liability Policy Section IV. Exclusions are amended to add the following This insurance does not apply to Bodily Injury Property Damage or Personal and Advertising Injury 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 the extent that applicable and collectible Scheduled Underlying Insurance for such Bodily Injury or Property Damage exists or would have existed but for the reduction or exhaustion of Scheduled Underlying Insurance by the payment of Loss to which this policy applies. Coverage provided by this policy will follow the provisions exclusions and limitations of the Scheduled Underlying Insurance unless otherwise provided by the terms of this policy. However the insurance provided by this policy will not be broader than the insurance coverage provided by such Scheduled Underlying Insurance. Rev. Page All other terms definitions conditions and exclusions of this policy remain unchanged. CUU 404 0805 XL America Inc. 2004 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
Endorsement No. 07 Form CUU 406 0706 Rev. Page Effective Date January 1 2014 Issue Date Attached to and forming part of Policy No. US00045338LI14A Issued To American Automobile Association of Northern California Nevada Utah By XL Insurance America Inc. Employee Benefits Liability Limitation Claims Made This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided under the following Commercial Umbrella Liability Policy Section IV. Exclusions are amended to add the following This insurance does not apply to any liability arising out of 1. any violation of any of the responsibilities obligations or duties imposed upon fiduciaries by ERISA or any similar law regarding workers compensation unemployment insurance Social Security or any government mandated disability benefits or 2. any act error or omission committed by or on behalf of the Insured solely in the performance of one or more of the following administrative duties or activities giving counsel to employees with respect to a Plan interpreting a Plan handling of records in connection with a Plan effecting enrollment termination or cancellation of employees under a Plan or any Claim against an Insured solely by reason of his her or its status as an administrator the Plan or you as sponsor of the Plan. saoop However this exclusion will not apply to liability to the extent that applicable and collectible Scheduled Underlying Insurance for such liability exist or would have existed but for the reduction or exhaustion of Scheduled Underlying Insurance by payment of Loss to which this endorsement applies. Coverage provided by this policy will follow the provisions exclusions and limitations of the Scheduled Underlying Insurance unless otherwise provided by the terms of this endorsement. However the insurance provided by this policy will not be broader than the insurance coverage provided by such Scheduled Underlying Insurance. a This policy will only provide coverage for a Claim made against the Insured during the Policy Period. Rev. Page b A Claim by any person or organization 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 in writing or 2. Notice of a Claim is reported to us in writing. CUU 406 0708 XL America Inc. 2004 Page 10f 2 | 2 |
Notwithstanding the above this insurance shall not apply to 1. any Claim alleging or arising out of the same Occurrence committed on or after the Retroactive Date set forth in the Scheduled Underlying Insurance if the Insured an officer manager in your risk management insurance or legal department or an employee who is authorized by you to give or receive such notice of an Occurrence knew as of the inception date of the policy that such Occurrence could result in a Claim. 2. any Claim alleging or arising out of the same Occurrence or series of continuous repeated or related Occurrence or alleging the same or similar facts alleged or contained in any Claim which has been reported or any Occurrence of which notice has been given under any policy of which this policy is a renewal replacement or succeeds in time. 3. any Claim alleging or arising out of any Claim or Suit pending as of the inception date of the policy or alleging or arising out of or related to any fact circumstance situation or Occurrence alleged in such Claim or Suit. Coverage under this policy for such liability will follow the terms definitions conditions and exclusions of the Scheduled Underlying Insurance subject to the Policy Period Limits of Insurance premium and all other terms definitions conditions and exclusions of this policy. Provided however that coverage provided by this policy will be no broader than coverage provided by the Scheduled Underlying Insurance. Section VI. DEFINITIONS is amended to include the following additional definitions Claim means a written demand upon the Insured for compensatory damage or services and shall include the service of suit or institution of arbitration proceedings against the Insured. ERISA means the Employee Retirement Income Security Act of 1974 including amendments related to the Consolidated Omnibus Budget Reconciliation Act of 1985 and including any amendment or revisions thereto or any similar common or statutory law of the United States Canada or any state or jurisdiction anywhere in the world to which a Plan is subject. Plan means any plan fund or program established anywhere in the world regardless of whether it is subject to regulation under Title 1 of ERISA or meets the requirements for qualification under Section 401 of the Internal Revenue Code of 1986 as amended and which is 1. a welfare plan as defined in ERISA or any similar law regarding workers compensation unemployment insurance Social Security or any government mandated disability benefits. 2. apension plan as defined in ERISA or any similar law regarding workers compensation unemployment insurance Social Security or any government mandated disability benefits or 3. a combination of 1. and 2. above. Al other terms definitions conditions and exclusions of this policy remain unchanged. CUU 406 0708 XL America Inc. 2004 Page 2 of 2 | 2 |
Endorsement No. 08 Form CUU 419 0805 Rev. Page Effective Date January 1 2014 Issue Date Attached to and forming part of Policy No. US00045338LI14A Issued To American Automobile Association of Northern California Nevada Utah By XL Insurance America Inc. Employers Liability Limitation This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided under the following Commercial Umbrella Liability Policy Section IV. Exclusions are amended to add the following This insurance does not apply to any liability arising out of Bodily Injury to any employee of the Insured arising out of and in the course of his or her employment by the Insured or performance of duties related to the conduct of the Insured s business. This exclusion does not apply to the extent that applicable and collectible Scheduled Underlying Insurance for such Bodily Injury exists or would have existed but for the reduction or exhaustion of Scheduled Underlying Insurance by the payment of Loss to which this policy applies. Coverage provided by this policy will follow the provisions exclusions and limitations of the Scheduled Underlying Insurance unless otherwise provided by the terms of this policy. However the insurance provided by this policy will not be broader than the insurance coverage provided by such Scheduled Underlying Insurance. Al other terms definitions conditions and exclusions of this policy remain unchanged. Rev. Page CUU 419 0805 XL America Inc. 2004 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
Endorsement No. 09 Form CUU 420 0805 Rev. Page Effective Date January 1 2014 Issue Date Attached to and forming part of Policy No. US00045338LI14A Issued To American Automobile Association of Northern California Nevada Utah By XL Insurance America Inc. Foreign Liability Limitation This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided under the following Commercial Umbrella Liability Policy Section IV. Exclusions are amended to add the following This insurance does not apply to Bodily Injury Property Damage or Personal and Advertising Injury arising out of an Occurrence happening outside the United States of America its territories or possessions or Canada. This exclusion does not apply to the extent that applicable and collectible Scheduled Underlying Insurance for such Bodily Injury Property Damage or Personal and Advertising Injury exists or would have existed but for the reduction or exhaustion of Scheduled Underlying Insurance by the payment of Loss to which this policy applies. Coverage provided by this policy will follow the provisions exclusions and limitations of the Scheduled Underlying Insurance unless otherwise provided by the terms of this policy. However the insurance provided by this policy will not be broader than the insurance coverage provided by such Scheduled Underlying Insurance. Rev. Page Al other terms definitions conditions and exclusions of this policy remain unchanged. CUU 420 0805 XL America Inc. 2004 | 2 |
Endorsement No. 10 Form CUU 433 1006 Rev. Page Effective Date January 1 2014 Issue Date Attached to and forming part of Policy No. US00045338LI114A Issued To American Automobile Association of Northern California Nevada Utah By XL Insurance America Inc. Incidental Medical Malpractice Limitation Endorsement Rev. Page This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided under the following Commercial Umbrella Liability Policy Section IV. Exclusions are amended as follows Item I. 4. Employees and Volunteers is deleted in its entirety. The following exclusion is added This insurance does not apply to Bodily Injury or Personal and Advertising Injury arising out of Incidental Medical Malpractice. 1. However if insurance for such Bodily Injury or Personal and Advertising Injury is provided by a policy listed in the Schedule of Underlying Insurance the above exclusion shall not apply to the extent that applicable and collectible Scheduled Underlying Insurance for such Bodily Injury or Personal and Advertising Injury exists or would have existed but for the reduction or exhaustion of Scheduled Underlying Insurance by the payment of Loss to which this policy applies. Coverage provided by this policy will follow the provisions exclusions and limitations of the Scheduled Underlying Insurance unless otherwise provided by the terms of this policy. However the insurance provided by this policy will not be broader than the insurance coverage provided by such Scheduled Underlying Insurance. If the applicable Scheduled Underlying Insurance does not define Incidental Medical Malpractice the following definition will apply Incidental Medical Malpractice means injury arising out of the rendering or failure to render the following services a. Medical surgical dental x ray or nursing service or treatment or the furnishing of food or beverage in connection therewith or b. The furnishing or dispensing of drugs or medical dental or surgical supplies As long as the Insured is not engaged in the business or occupation of providing any of the services food or beverages drugs or supplies described in a. and b. above. All other terms definitions conditions and exclusions of this policy remain unchanged. CUU 433 1006 XL America Inc. 2004 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
Endorsement No. 1 Form CUU 412 0805 Rev. Page Effective Date January 1 2014 Issue Date Attached to and forming part of Policy No. US00045338LI14A Issued To American Automobile Association of Northern California Nevada Utah By XL Insurance America Inc. Insurance Company Endorsement This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided under the following Commercial Umbrella Liability Policy Section IV. Exclusions are amended to include the following A. This insurance does not apply to 1. Bodily Injury Property Damage or Personal and Advertising Injury arising out of the ownership maintenance operation use loading or unloading of any aircraft watercraft or railcar in which the Insured has any financial interest. 2. Bodily Injury Property Damage or Personal Injury and Advertising Injury arising out of any property held by or in the care custody or control of the Insured while the Insured is acting in any fiduciary capacity. 3. Property Damage to money currency coin bank notes Federal Reserve notes postage and revenue stamps bullion precious metals of all kinds and in a form articles made from such precious metals jewelry watches necklaces bracelets gems precious and semi precious stones bonds securities evidences of debt debentures script certificates receipts warrant rights transfers coupons drafts bill of exchange acceptances notes checks withdrawal orders money orders travelers checks letters of credit bills of lading abstracts of title insurance policies deeds mortgages upon real estate andor upon chattels and upon interests therein and assignments of such policies mortgages and instruments other valuable papers and documents and all other instruments similar to or in the nature of the foregoing. 4. Bodily Injury Property Damage or Personal Injury and Advertising Injury arising out of any act error mistake or omission of any Insured or any agent or sub agent of any Insured while acting in any fiduciary capacity 5. Bodily Injury Property Damage or Personal Injury and Advertising Injury assumed by an Insured or any agent or sub agent of any Insured under any insurance binder or any contract relating to insurance suretyship or reinsurance. 6. Bodily Injury Property Damage or Personal Injury and Advertising Injury resulting from any act error mistake or omission committed or alleged to have been committed by any Insured or any person for whom the Insured is legally liable and arising out of a. The writing or failure to write any contracts or insurance suretyship or reinsurance b. Any consulting or insurance agent or broker activities c. The operation of any investment loan or real estate department CUU 412 0805 XL America Inc. 2004 Page 1 of 2 Includes copyrighted material of Insurance Services Office Inc. with its permission Rev. Page | 2 |
d. Any inspection engineering or safety engineering services or e. Any data processing or computer services or 7. Bodily Injury Property Damage or Personal Injury and Advertising Injury arising out of the handling of any claims. B. The term fiduciary capacity as used in this endorsement shall include but is not limited to 1. Administrator executor trustee under will or personal trust agreement committee for incompetents guardian and agent or sub agent for any of the foregoing custodian of securities manager of real or personal property or 2. Interest or dividend disbursing agent paying agent fiscal agent transfer agent registrar agent for voting trustees warrant agent depository or agent for a committee of holders of stock or securities escrow agent or in any similar trust capacity including trustee under a corporate bond indenture a sinking fund agent or receiver or trustee appointed by any court in receivership bankruptcy or reorganization proceedings. Al other terms definitions conditions and exclusions of this policy remain unchanged. CUU 412 0805 XL America Inc. 2004 Page 2 of 2 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
Endorsement No. 12 Form CUU 417 0805 Rev. Page Effective Date January 1 2014 Issue Date Attached to and forming part of Policy No. US00045338LI14A Issued To American Automobile Association of Northern California Nevada Utah By XL Insurance America Inc. Joint Venture Endorsement This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided under the following Commercial Umbrella Liability Policy Section VI. Definitions Paragraph F. Insured is amended to include the following If a joint venture co venture joint lease joint operating agreement or partnership hereinafter referred to as joint venture is an Insured under this policy then the Limits of Insurance under this policy with respect to any Occurrence arising out of such joint venture shall be limited to the product of 1. The percentage interest of the Insured in said joint venture and 2. The total applicable limits of insurance stated in the Declarations. If the percentage interest of the Insured in said joint venture is not established in writing then the percentage imposed by law at the inception of the joint venture shall be the percentage applied to determine the limits of insurance. Such percentage shall not be increased by the insolvency of others interest in the said joint venture. If the total limits of Scheduled Underlying Insurance applicable to a joint venture have been pro rated by the percentage interest of the Insured then this policy shall apply in excess of 1. Such reduced limits of Scheduled Underlying Insurance and 2. The limits of any Scheduled Underlying Insurance not reduced. Al other terms definitions conditions and exclusions of this policy remain unchanged. Rev. Page CUU 417 0805 XL America Inc. 2004 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
Endorsement No. 13 Form CUU 437 1006 Rev. Page Effective Date January 1 2014 Issue Date Attached to and forming part of Policy No. US00045338LI14A Issued To American Automobile Association of Northern California Nevada Utah By XL Insurance America Inc. Knowledge of Occurrence or Claim Endorsement Rev. Page This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided under the following Commercial Umbrella Liability Policy Section V. Conditions are amended to include the following Knowledge of an Occurrence claim or Suit by your agent servant or employee shall not in itself constitute knowledge by the Insured unless the Risk Manager or Risk Management Department responsible for insurance matters of the Insured s corporation shall have received such notice from the agent servant or employee. All other terms definitions conditions and exclusions of this policy remain unchanged. CUU 437 1006 XL America Inc. 2006 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
Endorsement No. 14 Form CUU 642 1006 Rev. Page Effective Date January 1 2014 Issue Date Attached to and forming part of Policy No. US00045338LI14A Issued To American Automobile Association of Northern California Nevada Utah By XL Insurance America Inc. Pollution Exclusion Named Peril and Time Element Exception This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided under the following Commercial Umbrella Liability Policy Section IV. Exclusions Paragraph Q. Pollution is deleted in its entirety and replaced by the following A. This insurance does not apply to 1. Any 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 anywhere at any time 2. Any Loss cost or expense arising out of any request demand order or statutory or regulatory requirement that the 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 3. Any Loss cost or expense arising out of any claim or Suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of Pollutants. However Paragraph 1. of this exclusion will not apply to a. Bodily Injury or Property Damage arising out of any discharge dispersal seepage migration release or escape of Pollutants directly or indirectly caused by Hostile Fire 2 Lightning windstorm or flood 3 Explosion implosion collapse puncture bursting or rupture of a tank a vessel machinery equipment or other similar apparatus or device other than an auto aircraft watercraft or railcar including any attached piping pumps or valves if the explosion implosion collapse puncture bursting or rupture is not caused by deterioration corrosion erosion decay rotting or wear and tear 4 Automatic Sprinkler Leakage 5 Vandalism or malicious mischief by someone other than an insured. 6 Collision or upset of an Auto Mobile Equipment or aircraft. Rev. Page CUU 642 1006 XL America Inc. 2004 Page 1 0of 3 | 2 |
Bodily Injury or Property Damage arising out of any discharge dispersal seepage migration release or escape of Pollutants and included within the Products Completed Operations Hazard provided that 1 Such Bodily Injury or Property Damage commenced on a demonstrable specific date during the Policy Period 2 Such commencement became known to any individual or entity within twenty 20 calendar days of such commencement and was reported to us by the Insured within twenty four 24 months from the expiration date shown in Item 2. of the Declarations or the effective date of termination of this policy and 3 Your Product or Your Work has not at any time been a Discarded dumped abandoned thrown away or b Transported handled stored treated disposed of or processed as waste by anyone or Bodily Injury or Property Damage arising out of any discharge dispersal seepage migration release or escape of Pollutants that meets all of the following conditions 1 It was abrupt and neither expected nor intended by the Insured. This condition does not apply to a non routine incident where such discharge dispersal seepage migration release or escape of Pollutants was a result of an attempt by the Insured to mitigate or avoid a discharge dispersal seepage migration release or escape of Pollutants that was itself abrupt and neither expected nor intended by the Insured and where substantial third party Bodily Injury or Property Damage could have occurred 2 It commenced on a demonstrable specific date during the Policy Period 3 Its commencement became known to the Insured within 7 calendar days 4 Its commencement was reported in writing to us within 14 calendar days of becoming known to the Insured and 5 Reasonable effort was expended by the Insured to terminate the discharge dispersal seepage migration release or escape of Pollutants as soon as conditions permitted. B. However nothing contained in this endorsement will operate to provide any coverage with respect to 1. Any site or location principally used by the Insured or by others on the insured s behalf for the handling storage disposal dumping processing or treatment of waste Any fines or penalties Any clean up loss cost or expense arising out of any governmental request demand order or statutory or regulatory requirement. However this provision 3 shall not apply to third party clean up loss cost or expense otherwise covered by this endorsement that are also the subject of a governmental request demand order or statutory or regulatory requirement Acid rain or acid runoff Clean up removal containment treatment detoxification or neutralization of Pollutants situated on premises which the Insured owns rents or occupies at the time of the actual discharge dispersal seepage migration release or escape of said Pollutants or Any Bodily injury Property Damage or Personal and Advertising Injury or any Loss cost or expense arising out of any discharge dispersal seepage migration release or escape of CUU 642 1006 XL America Inc. 2004 Page 2 of 3 | 2 |
Pollutants in knowing violation of or non compliance with governmental permits. 7. Discharge dispersal release or escape of pollutants which originates from an underground storage tank. Underground storage tank means any storage tank including any attached pumps valves or piping buried below the surface of the ground or water or which at any time had been buried under the surface of the ground or water and then subsequently exposed by any means. For the purposes of this definition buried means that at least 10 of it is below the surface of the ground or water. C. For the purpose of this endorsement only the Self Insured Retention in ITEM 4 of the Declarations is deleted in its entirety and replaced by the following 1250000 Each Occurrence as respects all damages arising out of any discharge dispersal seepage migration release or escape of Pollutants covered under this endorsement. This Self Insured Retention will not be reduced by Defense Expenses. The above Self Insured Retention applies whether or not there is applicable and collectible Scheduled Underlying Insurance or Other Insurance providing coverage to the Insured. If there is applicable and collectible Scheduled Underlying Insurance providing coverage to the Insured for a Loss to which this policy applies such Scheduled Underlying Insurance may be applied to reduce or exhaust the above Self Insured Retention if such policies were purchased by the Named Insured to specifically apply as Scheduled Underlying Insurance to this policy. However in no event will Defense Expenses covered by such Scheduled Underlying Insurance be applied to reduce or exhaust the above Self Insured Retention. D. For the purpose of this endorsement only Section II. Defense Provisions Paragraphs A. and C. are deleted in their entirety and Paragraph A. is replaced by the following We will not be obligated to assume charge of the investigation settlement or defense of any claim made Suit brought or proceeding instituted against the Insured. We will however have the right and shall be given the opportunity to participate in the defense and trial of any claims Suits or proceedings relative to any Occurrence which in our opinion may create liability on our part under the terms of this policy. If we exercise such right we will do so at our own expense. E. For the purpose of this endorsement only Section VI. Definitions is amended to include the following additional definitions Defense Expenses means any payment allocated to a specific loss claim or Suit for its investigation settlement or defense including but not limited to 2. Attorney s fees and all other investigation loss adjustment and litigation expenses Premiums on bonds to release attachments Premiums on appeal bonds required by law to appeal any claim or Suit Costs taxed against the Insured in any claim or Suit Pre judgment interest awarded against the Insured and Interest that accrues after entry of judgement. Al other terms definitions conditions and exclusions of this policy remain unchanged CUU 642 1006 XL America Inc. 2004 Page 3 of 3 | 2 |
Endorsement No. 15 Form CUU 435 1006 Rev. Page Effective Date January 1 2014 Issue Date Attached to and forming part of Policy No. US00045338LI14A Issued To American Automobile Association of Northern California Nevada Utah By XL Insurance America Inc. Standard Policy Modification Endorsement Rev. Page This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided under the following Commercial Umbrella Liability Policy 1. SECTION IIL LIMITS OF INSURANCE ltem L. is deleted. 2. SECTION IV. EXCLUSIONS Item C. 2. Contractual Liability is amended as follows C. Contractual Liability 2. Liability for Bodily Injury or Property Damage assumed in an Insured Contract provided Bodily Injury or Property Damage occurs subsequent to the execution of the Insured Contract. Solely for the purposes of liability assumed in an Insured Contract reasonable attorney fees and litigation expenses incurred by or for a party other than an Insured are not deemed to be supplementary payments under Section II.C. 2. Such fees costs and expenses will be considered damages because of Bodily Injury or Property Damage and included in the Limits of Insurance of this Policy 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 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 Policy applies are alleged. 3. SECTION VL. DEFINITIONS Item L. Other Insurance is deleted in its entirety and replaced with the following Other Insurance means a valid and collectible Policy of insurance providing coverage for damages to which this insurance also applies. Other Insurance also means any retention in a Policy other than this Policy whereby a party other than an insurer is responsible for all or part of any sums payable. Other Insurance does not include 1 Scheduled Underlying Insurance 2 the Self Insured Retention in this Policy or 3 any Policy of insurance specifically purchased to be excess of this Policy affording coverage that this Policy also affords. All other terms definitions conditions and exclusions of this policy remain unchanged. CUU 435 1006 XL America Inc. 2004 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
Endorsement No. 16 Form CUU 426 0108 Rev. Page Effective Date January 1 2014 Issue Date Attached to and forming part of Policy No. US00045338LI14A Issued To American Automobile Association of Northern California Nevada Utah By XL Insurance America Inc. Terrorism Retained Limit Endorsement This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided under the following Commercial Umbrella Liability Policy I Commercial Umbrella Declarations Item. 3. Limits of Insurance is amended to add Terrorism Retained Limit as set forth in this Terrorism Retained Limit Endorsement.. Terrorism Retained Limit 1250000 Each Certified Act of Terrorism 1. Commercial Umbrella Liability Policy Form Section VI. Defi deleted in its entirety and replaced by the following tions R. Retained Limit is Retained limit means whichever of the following is greater 1. The total of the applicable limits of the underlying policies listed in the Schedule of Underlying Insurance of this Policy plus the applicable limits of any other collectible insurance or 2. The Self Insured Retention stated in ltem 4. of the Declarations which applies to all Occurrences other than a Certified Act of Terrorism that is not covered by underlying insurance. The retention amount must be borne by the Named Insured during each policy period or 3. The Terrorism Retained Limit which applies to each Certified act of Terrorism whether or not there is applicable underlying insurance listed in the Schedule of Underlying Insurance or any other collectible insurance. Applicable underlying insurance may be applied to reduce or exhaust the Terrorism Retained Limit. Defense Expenses shall not erode the Terrorism Retained Limit. IV. Commercial Umbrella Liability Policy Form Section lll. Limits of Insurance Paragraph G. is deleted in its entirety and replaced by the following B. We will pay only that amount of the Net Final Loss that is in excess of the greater of the 1. total applicable limits of the underlying policies listed in the Schedule of Underlying Insurance hereof and any other collectible insurance or 2. Self Insured Retention stated in Item 4. as stated in the Declarations or 3. Terrorism Retained Limit as defined in this endorsement. V. For the purposes of this endorsement the following Definitions are added to Section VI of the Policy Defense Expenses means any payment allocated to the investigation settlement or defense of a specific claim or Suit including the following 1. Attorney s fees and all other investigation loss adjustment and litigation expenses CUU 426 0108 XL America Inc. 2008 Page 1 0of 2 Includes copyrighted material of Insurance Services Office Inc. with its permission Rev. Page | 2 |
VI Premiums on bonds to release attachments Premiums on appeal bonds required by law to appeal any claim or Suit Costs taxed against the Insured by law to appeal any claim or Suit Pre judgment interest awarded against the Insured LI Interest that accrues after entry of judgement. 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 and any amendment thereto. The criteria contained in the federal Terrorism Risk Insurance Act for a Certified Act of Terrorism include the following 1. The act results in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The actis a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. Solely as respects any liability arising out of any Certified Act of Terrorism Commercial Umbrella Liability Policy Form Section Il. Defense Provisions is deleted in its entirety and replaced by the following We will not be obligated to assume charge of the investigation settlement or defense of any claim made Suit brought or proceeding instituted against the Insured. We will however have the right and shall be given the opportunity to participate in the defense and trial of any claims Suits or proceeding relative to any Occurrence which in our opinion may create liability on our part under the terms of this Policy. If we exercise such right we will do so at our own expense. Al other terms definitions conditions and exclusions of this Policy remain unchanged. VI CUU 426 0108 XL America Inc. 2008 Page 2 of 2 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
Endorsement No. 17 Form CUU 646 0706 Rev. Page Effective Date January 1 2014 Issue Date Attached to and forming part of Policy No. US00045338LI14A Issued To American Automobile Association of Northern California Nevada Utah By XL Insurance America Inc. Violation of Communication or Information Law Exclusion Rev. Page This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided under the following Commercial Umbrella Liability Policy Section IV. Exclusions are amended to add the following This insurance does not apply to Bodily Injury or Personal and Advertising Injury arising out of any act that violates any statute ordinance or regulation of any federal state or local government including any amendments or additions to such laws that prohibits or limits the sending transmitting or communicating of material or information. Al other terms definitions conditions and exclusions of this policy remain unchanged. CUU 646 0706 XL America Inc. 2004 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
Endorsement No. 18 Form MANUSCRIPT Rev. Page Effective Date January 01 2014 Issue Date Attached to and forming part of Policy No. US00045338LI14A Issued To American Automobile Association of Northern California Nevada Utah By XL Insurance America Inc. Professional Liability Exclusion with Exception for Bodily Injury and Property Damage Rev. Page This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided under the following Commercial Umbrella Liability Policy SECTION IV. EXCLUSIONS is amended to include Professional Liability This insurance does not apply to any liability arising out of any act error omission malpractice or mistake of a professional nature by the Insured or any person for whom the Insured is legally responsible. However this exclusion does not apply to any such liability for Bodily Injury and Property Damage. The exception to the exclusion applies only to the extent that applicable and collectible Scheduled Underlying Insurance for such Bodily Injury or Property Damage exists or would have existed but for the reduction or exhaustion of Scheduled Underlying Insurance by the payment of Loss to which this Policy applies. Coverage provided by this endorsement will follow the provisions of the Scheduled Underlying Insurance except with respect to limits of insurance retentions deductibles cancellations nonrenewal duty to defend and premium. However the coverage provided by this endorsement will not be broader than the coverage provided by any of the Scheduled Underlying Insurance. Al other provisions of this policy remain unchanged. MANUSCRIPT XL America Inc. 2013 Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
Endorsement No. 19 Form MANUSCRIPT Rev. Page Effective Date January 01 2014 Issue Date Attached to and forming part of Policy No. US00045338LI114A Issued To American Automobile Association of Northern California Nevada Utah By XL Insurance America Inc. DESIGNATED ENDORSEMENTS FOLLOW FORM 1 Rev. Page 1 This endorsement changes the policy. Please read it carefully. This endorsement modifies insurance provided under the following Commercial Umbrella Liability Policy Designated Endorsements Controlling Underlying Endorsement Title Endorsement Form Number Insurance ACE American Insurance Exclusion Financial XS21176a 0413 Company Services With respect to the Designated Endorsements described in the Schedule above it is agreed that by incorporating reference to such Designated Endorsements any modification of coverages definitions terms conditions limitations and exclusions on the Scheduled Underlying Insurance by such Designated Endorsements shall apply to this policy as if the provisions of such Designated Endorsements had been endorsed to this policy. To the extent that any reference to section heading item or paragraph lettering or numbering sequence contained in any Designated Endorsements is inconsistent with the section heading item or paragraph lettering or numbering sequence of this policy such inconsistency shall not effect the modification intended by such Designated Endorsements and such reference to section heading item or paragraph lettering or numbering sequence of the Designated Endorsements is amended to comply with the section heading item or paragraph lettering or numbering sequence of this policy. The Named Insured agrees to notify us promptly of all changes that in any manner may affect the coverages definitions terms conditions limitations and exclusions provided by the Designated Endorsements. Any change that restricts coverage will automatically apply to this policy. Any change that broadens coverage will not apply to this policy unless and until our consent is provided in writing and made part of this policy. However this policy will not recognize reduction or exhaustion of the underlying insurance by payment of loss costs expenses fees settlements or judgments because of bodily injury property damage or personal and advertising injury when such payment of loss costs expenses fees settlements or judgments are by virtue of a sub limit of liability in a Designated Endorsement limited by a limit of liability that is less than the per occurrence limit of the controlling underlying policy. As used in this endorsement bodily injury property damage or personal and advertising injury means the same as those terms defined in the controlling underlying policy stated in the Schedule above.. Designated Endorsements means the specified endorsement listed by Endorsement Title and Endorsement Form Number in the Schedule above. All other terms definitions conditions and exclusions of this policy remain unchanged. Designated Endorsement Manuscript XL America Inc. 2004 Page 10of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission Endorsement Title Endorsement Form Number XS21176a 0413 | 2 |
Libe ARATIONS Mutflim Liberty Mutal Group Boston Producer LOCKTON COMPANIES LLC KANSAS CITY SERIES 444 W A7TTH ST STE 900 KANSAS CITY MO 64112 COMMERCIAL LIABILITY UMBRELLA DECLARATIONS Policy Number TH7 641 443952 043 Renewal of TH7 641 443952 042 Item 1. Named Insured and Mailing Address Liberty Construction Services LLC 65 Allerton Boston MA 02119 The Named Insured is Limited Liability Company Business of the Named Insured is Nonresidential construction nec Item 2. Policy Period 8312013 to 8312014 at 1201 AM. 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 General Aggregate Limit 10000000 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 46066 Terrorism Risk Insurance Act Total Advance Premium 1152 47218 Minimum Premium 12668 Issued by Liberty Insurance Corporation 175 Berkeley St. Boston MA 02117 617 357 9500 Issued Code Number Account Number Sub Account Number BAM 09272013 99935 4 443952 0000 LCU 00021110 2010 Liberty Mutual Group of Companies. All rights reserved. Page 1 of 2 | 2 |
Item 6. Underlying Insurance ICoverage Insurer IPolicy Period IPolicy Number Limits of Insurance Employers Liability Liberty Mutual Fire Insurance ICompany 8312013 to 8312014 IWA2 64D443952 013 181000000 By Accident Each Accident 11000000 By Disease Policy Limit 11000000 By Disease Each Employee Auto Liability Liberty Mutual Fire Insurance Company 8312013 to 8312014 AS2 641 443952 023 91000000 CSL General Liability Liberty Mutual Fire Insurance Company 18312013 to 8312014 TB2 641 443952 033 12000000 Each Occurrence 154000000 General Aggregate 14000000 Products Completed Ops IAggregate 82000000 Pers Adv Injury Limit 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 Dps Countersigned by Dowa D St Authorized Company Representative LCU 00021110 2010 Liberty Mutual Group of Companies. All rights reserved. Page 2 of 2 | 2 |
SCHEDULE OF FORMS AND ENDORSEMENTS Form Number Form Name Endorsement Number LCU 00021110 LCU 990511 10 LCU21181110 LCU 21471110 LCU 240911 10 LCU 2509 11 10 LC 321180607 LCU 04110112 LCU 04041110 LCU 0408 11 10 LCU 04091110 LC 24 07 08 07 LCU 21051110 LCU 2107 1110 L.C 0201 06 07 LCU 21401110 LC 29 02 06 07 LC 99 02 06 07 LCU 9902 11 10 LCU 250511 10 CU 21 56 06 06 Commercial Liability Umbrella Declarations Declarations Extension Named Insured Silica Exclusion Damage First Occurring Prior to Policy Period Exclusion Foreign Liability Limitation Non Cumulation of Liability Same Occurrence Massachusetts Lead Exclusion Crisis Management Coverage Employee Benefits Liability Coverage Limitation Professional Health Care Services By Employees Coverage Bodily injury to Co Employee Coverage Waiver Of Subrogation Contractors Professional Liability Exclusion Means and Methods Exception Aircraft Products and Grounding Exclusion Earlier Notice of Cancellation Provided By Us Designated Operations Covered By a Consolidated Wrap Up Insurance Program Exclusion Insured Contract Redefined Knowiedge of Occurrence Notice of Occurrence Designated Location and Designated Construction Project General Aggregate Limit With Optional Capped Aggregate Limit Auto Exclusion of Terrorism Coverage nan nan nan nan 11.0 nan nan nan 12.0 nan nan nan nan 16.0 nan nan nan 17.0 nan nan nan 18.0 nan nan nan 19.0 CU 21 56 06 06 nan nan nan nan 20.0 For attachment to TH7 641 443952 043 Page 1 of 2 | 2 |
CU 21621206 CU 21631206 CU 01610108 CU 01670108 CU 21300108 CU 21360108 LCU 60011110 LCU 00011110 SNI9002 11 10 LIL 90 0506 13 Oklahoma Auto Exclusion of Terrorism Coverage Underlying Auto Coverage Excludes Terrorism Above Minimum Statutory Limits Washington Auto Exclusion of Terrorism Coverage Arkansas Exclusion of Punitive Damages Related to a Certified Act of Terrorism Alaska Exclusion of Punitive Damages Related to a Certified Act of Terrorism Cap on Losses from Certified Acts of Terrorism Exclusion of Punitive Damages Related to a Certified Act of Terrorism Underlying Coverage Warranty For Certified Acts Of Terrorism Commercial Liability Umbrella Coverage Form Policy Holder Disclosure TRIA Participating Provision CU 21621206 nan nan nan nan 21.0 CU 21631206 CU 01610108 nan nan nan nan 22.0 nan nan nan 23.0 CU 01670108 nan nan nan nan 24.0 CU 21300108 CU 21360108 nan nan nan nan 25.0 nan nan nan 26.0 nan nan nan nan 27.0 For attachment to TH7 641 443952 043 Page 2 0f 2 | 2 |
Policy Number TH7 641 443952 043 Endorsement 1 Issued by LIBERTY INSURANCE CORPORATION End. Eff. Date THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Endorsement 1 End. Eff. Date DECLARATIONS EXTENSION NAMED INSURED This endorsement modifies insurance provided under the follbwing COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Extension of Item 1. Named Insured of the Declarations First Named Insured Liberty Construction Services LLC Additional Named Insureds Patriot Construction Services LLC America Construction Equipment Supply LLC Liberty South Construction Services Inc. LCU 99 051110 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 |
Endorsement 2 End. Eff. Date Policy Number TH7 641 443952 043 Issued by LIBERTY INSURANCE CORPORATION 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. 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. LCU 211811 10 Page 1 of 1 | 2 |
Policy Number TH7 641 443952 043 Issued by LIBERTY INSURANCE CORPORATION cy Number TH7 641 443952 043 Endorsement 3 ed by LIBERTY INSURANCE CORPORATION End. Eff. Date THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DAMAGE FIRST OCCURRING PRIOR TO POLICY 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. Lcu 21471110 2010 Liberty Mutual Group of Companies. All rights. reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 10f 1 | 2 |
Policy Number TH7 641 443952 043 Endorsement 4 Issued by LIBERTY INSURANCE CORPORATION End. Eff. Date THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Endorsement 4 End. Eff. Date 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. B. 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 |
Policy Number TH7 641 443952 043 Issued by LIBERTY INSURANCE CORPORATION y Number TH7 641 443952 043 Endorsement 5 ed by LIBERTY INSURANCE CORPORATION End. Eff. Date 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 lIl 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 andfor 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 lil 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 will 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 25091110 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 |
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