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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MASSACHUSETTS LEAD EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART This insurance does not apply to 1. Any actual or alleged liability damages loss or injury that results directly or indirectly from the ingestion inhalation exposure to or absorption of lead in any form of to any claims ot suits arising from lead 2. Actual or alleged property damage that results directly ot indirectly from lead or the exposure to lead in any form or to any claims or suits asising from lead 3. Any loss cost or expense arising out of any request demand order or statutory or regulatory requirement that any insured or othess test for monitor clean up remove contain treat detoxify or neutralize ot in any way respond to or assess the effects of lead in any form or 4. Any loss cost or expense asising out of any claim ot suit by or on behalf of governmental authosity for damages resulting from testing for monitoring cleaning up removing containing treating detoxifying o neutralizing or in any way responding to or assessing the effects of lead in any form. This endorsement is executed by the LIBERTY INSURANCE CORPORATION Premium Effective Date Espization Date For attachment to Policy No. TH7 641 443952 043 Audit Basis Tssued To mf 4 ja L 7y PRestDENT Countersigned by Sales Office and No. withorized Representative End. Serial No. 6 Issued LC 32118 06 07 Pagelof1 | 2 |
Policy Number TH7 641 443952 043 Issued by LIBERTY INSURANCE CORPORATION Endorsement 7 End. Eff. Date THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CRISIS MANAGEMENT COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART SCHEDULE Crisis Management Expense Aggregate Limit 50000. Liberty Mutual Preferred Public Relations Vendor Weber Shandwick Liberty Mutual Claims T 1 800 362 0000 A. The following is added to SECTION COVERAGES COVERAGE CRISIS MANAGEMENT 1. Insuring Agreement We will pay those sums necessary to reimburse you or pay on your behalif crisis management expenses arising from an insured crisis event to which this insurance applies. But a. This insurance applies only if 1 The insured crisis event commences during the policy period 2 The insured crisis event did not arise out of any fact circumstance pre existing condition or situation that you prior to the inception date of this policy knew or reasonably should have known could lead to cause or result in a crisis management event 3 You notify us by telephone at the number listed for Liberty Mutual Claims as shown in the Schedule above within 72 hours of the insured crisis event 4 The crisis management expenses are first incurred within 15 days after the insured crisis event commences 8 The crisis management expenses are not incurred more than 90 days after the commencement of the insured crisis event and 6 A claim for reimbursement of crisis management expenses is submitted within 90 days after incurring such crisis management expenses. LCU 04110112 2012 Liberty Mutual Group of Companies. All rights Page 1 of 5 reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 5 | 2 |
b. We will have no duty under this Crisis Management Coverage to defend the insured against any suit seeking damages. Payment of any crisis management expenses under the Crisis Management Coverage endorsement is in addition to and will not reduce any other Limits of Insurance under this policy and will not be determinative of our obligations under this policy with respect to any claim or suit including any duty to defend or indemnify any insured for such claim or suit. The amount we will pay is limited as described in Paragraph B. of the Crisis Management Coverage endorsement. 2. Exclusions This coverage does not apply to a. Newly Acquired or Formed Organizations Crisis management expenses incurred by any organization you newly acquire control or form if the crisis management event which led to such crisis management expenses commenced before you acquired controlled or formed such organization Infectious Diseases or Ilinesses Crisis management expenses arising out of any infectious diseases or illnesses caused by any bacterium virus or fungus. However this exclusion does not apply to crisis management expenses arising out of food borne illnesses. Intentional Acts by You Intentional acts by you or your employees provided that such acts were performed with the knowledge that it would directly lead to an insured crisis event. B. SECTION il LIMITS OF INSURANCE The Crisis Management Expense Aggregate Limit shown in the Schedule of the Crisis Management Coverage endorsement is the most we will pay for the sum of all crisis management expense to which this endorsement applies regardless of the number of 1. Insureds 2. Insured crisis events 3. Persons or organizations making claims or bringing suits. C. The following is added to SECTION V DEFINITIONS 1. Insured crisis event means an occurrence resulting from a man made emergency situation including but not limited to a. Intentional acts except those committed by you or your employees such as arson a bombing the taking of hostages a mass shooting or terrorism if coverage under the Terrorism Risk Insurance Act is elected under the policy LCU 04110112 2012 Liberty Mutual Group of Companies. All rights Page 2of 5 reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
2. o. A building structure or equipment collapse not caused by an act of nature c. An automobile watercraft or aircraft accident d. Spread of food borne ilinesses or e. An explosion that a key executive reasonably believed in good faith has resulted or may result in a. Damages in excess of the retained limit because of bodily injury or property damage to which this insurance applies and b. Significant adverse regional or national media coverage about you. Crisis management expenses a. Means the following reasonable and necessary fees and expenses foliowing an insured crisis event 1 2 3 Expenses incurred directly by our Liberty Mutual Preferred Public Relations Vendor shown in the Schedule for the purpose of maintaining and restoring public confidence in you. Expenses incurred by your own public relations vendor that you currently hold on retainer for providing public relations and media management services but orily for those expenses required for the purpose of maintaining and restoring public confidence in you. Expenses incurred directly by your operations for the purpose of maintaining and restoring public confidence in you. These expenses may include printing advertising or mailing of materials to manage reputational risk. 4 Costs of overtime paid to your regular non salaried employees and costs incurred by your employees including costs of transportation and accommodations for the purpose of providing public relations and media services. Expenses you advance to third parties directly harmed by the insured crisis event. These expenses may include funeral psychological or grief counseling temporary living and travel expenses. b. Does not include 1 2 3 Any damages imposed upon any insured including but not limited to any fine sanction penalty or punitive or exemplary damages plus any equitable injunctive or other non monetary relief. Any expenses you incur in the investigation defense or settiement of a claim or suit for bodily injury property damage or personal and advertising injury arising out of an insured crisis event. The base salaries or wages of any of your employees. 2012 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 3 of 5 LCU 04110112 | 2 |
4 Any ransom payment or other expense incurred to meet a demand made to redeem a hostage or captive. 5 Expenses incurred by any public refations or crisis management firm that is not listed as a Liberty Mutual Preferred Public Relations Vendor in the Schedule or that was not held on retainer by the insured at the time of the Crisis Management Event. 6 Any retainers or other contracted fees you paid a professional crisis management firm public relations media relfations or similar firm prior to an insured crisis event. 7 Damages arising out of any employment related practices such as refusal to employ termination or any other practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation or discrimination directed at any person. 3. Key executive means a b. Chief Executive Officer Chief Operating Officer Chief Financial Officer President General Counsel or Chief Legal Officer General Partner if you are a parinership or Sole Proprietor if you are a proprietorship Any person acting in the same capacity as any position listed in Paragraph a. through e. above and Any risk manager responsible for insurance matters or any other lawfully elected or appointed executive officers officials directors trustees or commissioners that is responsible for insurance matters. D. The following is added to SECTION IV CONDITIONS Duties in the Event of a Crisis Management Event 1. In the event you do not have your own public relations or crisis management firm available on retainer and would like to utilize a Liberty Mutual Preferred Public Relations Vendor you must notify both the Liberty Mutual Preferred Public Relations Vendor and Liberty Mutual Claims at the phone numbers listed in the Schedule within 72 hours of a crisis management event. Due to the emergent nature of claims under this coverage there may be circumstances in which expenses are incurred by a Liberty Mutual Preferred Public Vendor prior to our having the opportunity to determine whether those expenses will be covered under this policy. In those circumstances we will reimburse or pay expenses incurred for services from our Liberty Mutual Preferred Public Relations Vendor prior to our making a coverage LCU 04 11 01 12 2012 Liberty Mutual Group of Companies. All rights Page 4 of 5 reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
determination. We reserve the right to decline expenses incurred after we have informed you that the claim is not covered. In the event you choose to use your own public relations or crisis management vendor that you currently hold on retainer or choose not to use any vendor you must notify Liberty Mutual Claims at the phone number listed in the Schedule within 72 hours of a crisis management event. Additionally you must provide us with written notice as soon as practicable. To the extent possible such written notice should inciude a. How when and where the crisis management event took place b. The names and addresses of any affected parties and witnesses and c. The nature and location of any injury or damage arising out of the crisis management event. 2012 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 50of 5 LCU 04110112 | 2 |
Policy Number TH7 641 443952 043 Issued by LIBERTY INSURANCE CORPORATION Endorsement 8 End. Eff. Date THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYEE BENEFITS LIABILITY COVERAGE LIMITATION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM SCHEDULE Umbrella Retroactive Date 08012012 Underlying Insurance Employee Benefits Liability Coverage Limits of Insurance 1000000 Each Employee 1000000 Aggregate Retroactive Date 08012012 Insurer Liberty Mutual Fire Insurance Company Policy Number TB2 641 443952 033 Policy Period 08312013 to 08312014 A. If the Underlying Insurance listed in the Schedule provides liability coverage for damages because of any act error or omission negligently committed in the administration of employee benefit programs we will follow the terms definitions conditions and exclusions of the Underlying Insurance listed in the Schedule subject to the policy period limits of insurance premium and all other terms definitions conditions and exclusions of this policy except that the coverage provided will not be broader than the coverage provided by the Underlying Insurance listed in the Schedule. Coverage provided under this endorsement is subject to and will reduce the limits of insurance shown in the Declarations. For the purposes of this endorsement the Each Occurrence Limit is the most we will pay for the sum of damages arising out of 1. An act error or omission or 2. Aseries of related acts errors or omissions negligently committed in the administration of your employee benefit program. B. This insurance for damages because of any act error or omission negligently committed in the administration of employee benefit programs applies only if 1. The act error or omission did not take place before the Retroactive Date if any listed in the Schedule nor after the end of the policy period and 2. A claim for damages because of an act error or omission is first made against any insured in accordance with Paragraph C. below during the policy period or an Extended Reporting Period we provide under Paragraph E. below. LCU 04041110 2010 Liberty Mutual Group of Companies. Al rights Page 10of 3 reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 3 | 2 |
C. A claim seeking damages will be deemed to have been made at the earlier of the following times 1. When notice of such claim is received and recorded by any insured or by us whichever comes first or When settlement is made in accordance with this policy or the Underlying Insurance listed in the Schedule. A claim received and recorded by the insured within 60 days after the end of the policy period will be considered to have been received within the policy period if no subsequent policy is available to cover the claim. You must see to it that we are notified promptly of an act error or omission which may result in a claim. D. All claims for damages made by an employee because of any act error or omission or a series of related acts errors or omissions including damages ciaimed by such employee s dependents and beneficiaries will be deemed to have been made at the time the first of those claims is made against any insured. E. Extended Reporting Period 1. You will have the right to purchase an Extended Reporting Period as described below if a. This endorsement is canceled or not renewed or b. We renew or replace this endorsement with insurance that 1 Has a Retroactive Date later than the date listed in the Schedule of this endorsement or 2 Does not apply to an act error or omission on a claims made basis. 2. The Extended Reporting Period does not extend the policy period or change the scope of coverage provided. It applies only to claims for acts errors or omissions that were first committed before the end of the policy period but not before the Retroactive Date if any listed in the Schedule. Once in effect the Extended Reporting Period may not be canceled. 3. An Extended Reporting Period of three years is available but only by an endorsement and for an extra charge. You must give us a written request for the endorsement within 60 days after the end of the policy period. The Extended Reporting Period will not go into effect unless you pay the additional premium promptly when due. We will determine the additional premium in accordance with our rules and rates. In doing so we may take into account the following a. The employee benefit programs insured b. Previous types and amounts of insurance c. Limits of insurance available under this endorsement for future payment of damages and LCU 04041110 2010 Liberty Mutual Group of Companies. All rights Page 20of 3 reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. LCU 04041110 Page 20of 3 | 2 |
d. Other related factors. The additional premium will not exceed 200 of the annual premium for this endorsement. The Extended Reporting Period endorsement applicable to this coverage shall set forth the terms applicable to the Extended Reporting Period including a provision to the effect that the insurance afforded for claims first received during such period is excess over any other valid and collectible insurance available under policies in force after the Extended Reporting Period starts. The Extended Reporting Period does not reinstate or increase the limits of insurance applicable to any claim to which this endorsement applies. F. For the purposes of this endorsement 1. Administration means a. Providing information to employees including their dependents and beneficiaries with respect to eligibility for or scope of employee benefit programs b. Handling records in connection with the employee benefit program or c. Effecting continuing or terminating any employee s participation in any benefit included in the employee benefit program. However administration does not include handling payroll deductions. Cafeteria plans means plans authorized by applicable law to allow employees to elect to pay for certain benefits with pre tax dollars. Claim means any demand or suit made by an employee or an employee s dependents and beneficiaries for damages as the result of an act error or omission. Employee benefit program means a program providing some or all of the following benefits to employees whether provided through a cafeteria plan or otherwise a. Group life insurance group accident or heaith insurance dental vision and hearing plans and flexible spending accounts provided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to those employees who satisfy the plan s eligibility requirements b. Profit sharing plans employee savings plans employee stock ownership plans pension plans and stock subscription plans provided that no one other than an employee may subscribe to such benefits and such benefits are made generally available o all employees who are eligible under the plan for such benefits c. Unemployment insurance social security benefits workers compensation and disability benefits and d. Vacation plans including buy and sell programs leave of absence programs including military maternity family and civil leave tuition assistance plans transportation and health club subsidies. 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. LCU 04041110 Page 3 of 3 | 2 |
Endorsement 9 End. Eff. Date Policy Number TH7 641 443952 043 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PROFESSIONAL HEALTH CARE SERVICES BY EMPLOYEES COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. Paragraph 2.a.1d of SECTION Il WHO IS AN INSURED is replaced by the following d Arising out of his or her providing or failing to provide professional health care services. However any employee of the Named Insured who is a designated health care provider is an insured under this policy with respect to bodily injury and personal and advertising injury i Which arises out of the providing of or failure to provide professional health care services and i Which occurs in the course of and within the scope of such employee s employment by the Named Insured. B. With respect to employees providing professional health care services the following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES 2. Exclusions This insurance does not apply to Professional Health Care Services by Employees Any bodily injury or personal and advertising injury arising out of 1 Liability assumed under an insured contract or any other contract or agreement 2 Liability arising out of the providing of professional health care services in violation of law 3 Liability arising out of the providing of professional health care services whiie in any degree under the influence of intoxicants or narcotics 4 Liability arising out of any dishonest fraudulent malicious or knowingly wrongful act or failure to act or 5 Punitive or exemplary damages fines or penalties. LCU 04081110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 0of 2 | 2 |
C. The following definition is added to SECTION V DEFINITIONS Designated health care provider means any employee of the Named Insured whose duties include providing professional health care services including but not limited to doctors nurses emergency medical technicians or designated first aid personnel. 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. LCU 04 08 11 10 Page 2 of 2 | 2 |
Policy Number TH7 641 443952 043 Endorsement 10 Issued by LIBERTY INSURANCE CORPORATION End. Eff. Date THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Endorsement 10 End. Eff. Date BODILY INJURY TO CO EMPLOYEE COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Paragraph 2.a.1a of SECTION It WHO IS AN INSURED does not apply to bodily injury that is covered by underlying insurance. Coverage will follow the terms definitions conditions and exclusions of underlying insurance subject to the policy period limits of insurance premium and all other terms definitions conditions and exclusions of this policy except that coverage provided will be no broader than the coverage provided by underlying insurance. The insurance provided by this endorsement for bodily injury to a coemployee or volunteer worker will not apply if the injured coemployee s or volunteer worker s sole remedy for such injury is provided under a workers compensation law or any similar law. LCU 04091110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 0of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition is amended by the addition of the following We waive any sight of recovery we may have agaiast any pesson or organization with whom you have agreed in writing priot to an occurrence to waive your rights because of payments we make for injury or damage arising out of your ongoing operations or your work done under a contract with that person or organization and included in the products completed operations hazard. This endorsement is executed by the LIBERTY INSURANCE CORPORATION Premivm Effective Date Espiration Date For attachment to Policy No. TH7 641 443952.043 Audit Basis Issued To FrssoENT Countemsigned by Sales Office and No Aurhorized Representative End. Serial No. 11 Issued LC 24070807 Page1of 1 | 2 |
Policy Number TH7 641 443852 043 Issued by LIBERTY INSURANCE CORPORATION Endorsement 12 End. Eff. Date THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS PROFESSIONAL LIABILITY EXCLUSION MEANS AND METHODS EXCEPTION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES 2. Exclusions This insurance does not apply to Contractors Professional Liability Any liability damages loss injury demand claim or suit arising out of the rendering of or failure to render any professional services by you or on your behalf but only with respect to either or both of the following operations 1 Providing engineering architectural or surveying services to others in your capacity as an engineer architect or surveyor and 2 Providing or hiring independent professionals to provide engineering architectural or surveying services in connection with construction work you perform. B. For the purposes of this endorsement 1 Subject to Paragraph 2 below professional services include a The preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications and b Supervisory or inspection activities performed as part of any related architectural or engineering activities. 2 Professional services do not include services within construction means methods techniques sequences and procedures employed by you in connection with your operations in your capacity as a construction contractor. LCU 21051110 2010 Liberty Mutual Group of Companies. All rights Page 10of 1 reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Policy Number TH7 641 443952 043 Issued by LIBERTY INSURANCE CORPORATION Endorsement 13 End. Eff. Date THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AIRCRAFT PRODUCTS AND GROUNDING EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES 2. Exclusions This insurance does not apply to Aircraft Products and Grounding Any liability damages loss injury demand claim or suit arising out of 1 Aircraft products 2 Work performed upon or in connection with aircraft products 3 Any representation or warranty made at any time with respect to such products or waork or 4 The grounding of any aircraft. B. For the purposes of this endorsement 1. Aircraft products means a. Aircraft and any ground support or control equipment used in connection with aircraft b. Any goods or products manufactured sold handled or distributed for use in any aircraft or for use in connection with the manufacture repair operation maintenance or use of any aircraft c. Any goods or products installed in or used in connection with aircraft including spare parts ground handling tools and equipment d. Training aids instructions manuals blueprints engineering or other data or engineering or other professional advice and e. Services and labor relating to a. b.. or d. above. 2. Grounding means the withdrawal of one or more aircraft from flight operations or the imposition of speed passenger or load restrictions on such aircraft by reason of an actual alleged or suspected defect fault or condition in such aircraft or any part thereof. LCU 21071110 2010 Liberty Mutual Group of Companies. All rights Page 1 of 2 reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
A grounding will be deemed to commence on the date of an occurrence which discloses such defect fault or condition or on the date an aircraft is first withdrawn from service on account of such defect default or condition whichever occurs first. 3. Aircraft includes missiles and spacecraft. Page 2 of 2 2010 Liberty Mutual Group of Companies. All rights reserved. ncludes copyrighted material of Insurance Services Office Inc. with its permission. Lcu21071110 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US This eadorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Number of Days Notice 90 For any statutotily permitted reason other than nonpayment of premium the number of days required for notice of cancellation as provided in the Cancellation Condition o as amended by an applicable state cancellation endorsement is increased to the number of days shown in the Schedule above. This endorserment is executed by the LIBERTY INSURANCE CORPORATION Premivm Effective Date Expiration Date Tor attachment to Policy No. TH7 641 443952 043 Audit Basis Issued To Countezsigned by Sales Office and No End. Serial No. 14 Issued LC 02010607 Page 1 of 1 | 2 |
Policy Number TH7 641 443952 043 Issued by LIBERTY INSURANCE CORPORATION Endorsement 15 End. Eff. Date THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED OPERATIONS COVERED BY A CONSOLIDATED WRAP UP INSURANCE PROGRAM EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM SCHEDULE Description and Location of Operations Any location at which you are performing on going operations or at which you have performed operations included within the products completed operations hazard if a consolidated wrap up insurance program has been provided by the prime contractor project manager or owner of the construction project at this location. The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES 2. Exclusions This insurance does not apply to Designated Operations Covered by a Consolidated Wrap Up Insurance Program Any liability damages loss injury demand claim or suit arising out of either your ongoing operations or operations included within the products completed operations hazard at the location described in the Schedule as a consolidated wrap up insurance program has been provided by the prime contractor project manager or owner of the construction project in which you are involved. This exclusion applies whether or not the consolidated wrap up insurance program 1 Provides coverage identical to that provided by this policy 2 Has limits adequate to cover all claims or 3 Remains in effect. LCU 21401110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 10of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INSURED CONTRACT REDEFINED This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART 1. Pamgzaph c. of the definition of insured contract is replaced with An easement or license agreement 2. Exception 1 to the definition of insured contract is deleted. This endorsement is executed by the LIBERTY INSURANCE CORPORATION Premium Bifective Date Expiration Date For attachment to Policy No. TH7 641 443952 043 Audit Basis Issued To L Expiration Date TH7 641 443952 043 L I Countersigned by Tithorized Represea Sales Office and No. End. Sedal No. 16 Issued LC 29020607 Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KNOWLEDGE OF OCCURRENCE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILTY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART Knowled.ge of an occurrence by your agent servant or employee will not in itself constitute knowledge by you ualess your executive officer or employee ot other third party designated by you to ofify us of occusrences has knowledge of the occurrence. This endorsement is execured by the LIBERTY INSURANCE CORPORATION Premium Effective Date Expication Date For attachment to Policy No. TH7 641 443952 043 Audit Basis Tssued To mf blay ettt Countersigned by Sales Office and No. End. Sesial No. 17 Issued LC 99020607 Page 1 of 1 | 2 |
Endorsement 18 End. Eff. Date Policy Number TH7 641 443952 043 Endorsement 18 Issued by LIBERTY INSURANCE CORPORATION End. Eff. Date THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF OCCURRENCE This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM SCHEDULE Christopher DeBruin Vice President of Risk Management and Associate General Counsel For the purposes of Paragraph a. of 3. Duties in the Event of Occurrence Claim or Suit of SECTION IV CONDITIONS you refers to an executive officer or employee of the Named Insured designated in the Schedule to give us notice. hristopher DeBruin Vice President of Risk Management and Associate General Counsel LCU 99 0211 10 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 641 443952 043 Issued by LIBERTY INSURANCE CORPORATION Endorsement 19 End. Eff. Date THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY DESIGNATED LOCATION AND DESIGNATED CONSTRUCTION PROJECT GENERAL AGGREGATE LIMIT WITH OPTIONAL CAPPED AGGREGATE LIMIT This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM SCHEDULE Designated Locations Each location owned by leased to or rented to a Named Insured Designated Construction Projects Each project away from any location owned by leased to or rented to a Named Insured where you are required by contract to provide a job specific General Aggregate limit of insurance. Capped Aggregate Limit for Designated Locations and Construction Projects Not applicable A. For all sums which the insured becomes legally obligated to pay as damages because of bodily injury or property damage caused by occurrences under SECTION COVERAGES which can be atiributed only to ongoing operations at a single designated location or designated construction project listed in the Schedule 1. A separate Designated General Aggregate Limit applies to each designated location and each construction project and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated General Aggregate Limit for the designated location or designated construction project is the most we will pay for the sum of all damages because of bodily injury or property damage except damages because of bodily injury or property damage included in the products completed operations hazard regardiess of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits. LCU 25051110 2010 Liberty Mutual Group of Companies. All rights Page 1 of 2 reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 2 | 2 |
3. Any payments made for damages because of bodily injury or property damage shall reduce the Designated General Aggregate Limit for that designated location or designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated General Aggregate Limit for any other designated location or designated construction project listed in the Schedule. However the Capped Aggregate Limit for Designated Locations and Construction Projects listed in the Schedule if any is the most we will pay for all damages because of bodily injury or property damage except damages because of bodily injury or property damage included in the products completed operations hazard. 4. The limit shown in the Declarations for Each Occurrence continues to apply. However instead of being subject to the General Aggregate Limit shown in the Declarations such limit will be subject to the applicable Designated General Aggregate Limit and the Capped Aggregate Limit for Designated Locations and Construction Projects listed in the Schedule if any.. For all sums which the insured becomes legally obligated to pay as damages because of bodily injury or property damage caused by occurrences which can not be attributed only to ongoing operations at a single location or construction project listed in the Schedule 1. Any payments made for damages shall reduce the amount available under this policy s General Aggregate Limit or Products Completed Operations Aggregate Limit whichever is applicable and 2. Such payments shall not reduce any Designated General Aggregate Limit nor shall they reduce the Capped Aggregate Limit for Designated Locations and Construction Projects.. When coverage for liability arising out of the products completed operations hazard is provided any payments for damages because of bodily injury or property damage included in the products completed operations hazard will reduce the Products Completed Operations Aggregate Limit and not reduce the General Aggregate Limit nor the Designated General Aggregate Limit. If the applicable designated construction project has been abandoned delayed or abandoned and then restarted or if the authorized contracting parties deviate from plans blueprints designs specifications or timetables the project will still be deemed to be the same construction project. For the purposes of this endorsement Location means premises involving the same or connecting lots or premises whose connection is interrupted only by a street roadway waterway or right of way of a railroad. The provisions of SECTION Il LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated.. This endorsement only applies to locations or construction projects for which a per location aggregate per construction project aggregate or similar limit applies on the underlying insurance. LCU25051110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 2 of 2 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO EXCLUSION OF TERRORISM COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. The provisions of this endorsement 2. Any injury or damage means any injury or 1. Apply only to bodily injury or property dam age arising out of the ownership maintenance or use of any auto that is a covered auto under this Coverage Part and 2. Supersede the provisions of any other en dorsement addressing terrorism attached to this Coverage Part only with respect to bodily injury or property damage arising out of the ownership maintenance or use of any auto that is a covered auto. B. The following definitions are added and apply under this endorsement wherever the term terror ism or the phrase any injury or damage are en closed in quotation marks 1. Terrorism means activities against persons organizations or property of any nature a. That involve the following or preparation for the following 1 Use or threat of force or violence or 2 Commission or threat of a dangerous act or 3 Commission or threat of an act that interferes with or disrupts an electronic communication information or mechan ical system and b. When one or both of the following applies 1 The effect is to intimidate or coerce a government or the civilian population or any segment thereof or to disrupt any segment of the economy or It appears that the intent is to intimidate or coerce a government or to further political ideological religious social or economic objectives or to express or express opposition to a philosophy or ideology. 2 damage covered under any Coverage Part or underlying insurance to which this endorse ment is applicable and includes but is not lim ited to bodily injury property damage per sonal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part or underlying in surance. C. The following exclusion is added EXCLUSION OF TERRORISM We will not pay for any injury or damage caused directly or indirectly by terrorism including action in hindering or defending against an actual or ex pected incident of terrorism. Any injury or dam age is excluded regardiess of any other cause or event that contributes concurrently or in any se quence to such injury or damage. But this exclu sion applies only when one or more of the fol lowing are attributed to an incident of terrorism 1. The terrorism is carried out by means of the dispersal or application of radioactive material or through the use of a nuclear weapon or de vice that involves or produces a nuclear reac tion nuclear radiation or radioactive contami nation or 2. Radioactive material is released and it ap pears that one purpose of the terrorism was to release such material or 3. The terrorism is carried out by means of the dispersal or application of pathogenic or poi sonous biological or chemical materials or 4. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials or operty dam naintenance vered auto y other en attached to et to bodilv CU 21 56 06 06 1SO Properties Inc. 2006 Page 10f2 | 2 |
Multiple incidents of terrorism which occur within a 72 hour period and appear to be carried out in concert or to have a related purpose or common leadership will be deemed to be one incident for the purpose of determining whether the thresholds in Paragraphs C.5. or C.6. are exceeded. With respect to this Exclusion Paragraphs C.5. and C.6. describe the threshold used to measure the magnitude of an incident of terrorism and the circumstances in which the threshold will apply for the purpose of determining whether this Exclusion will apply to that incident. When the Exclusion ap plies to an incident of terrorism there is no cov erage under this Coverage Part. In the event of any incident of terrorism that is not subject to this Exclusion coverage does not apply to any injury or damage that is otherwise excluded under this Coverage Part. 5. The total of insured damage to all types of property exceeds 25000000. In determining whether the 25000000 threshold is exceed ed we will include all insured damage sus tained by property of all persons and entities affected by the terrorism and business inter ruption losses sustained by owners or occu pants of the damaged property. For the pur pose of this provision insured damage means damage that is covered by any insurance plus damage that would be covered by any insur ance but for the application of any terrorism exclusions or 6. Fifty or more persons sustain death or serious physical injury. For the purposes of this provi sion serious physical injury means a. Physical injury that involves a substantial risk of death or b. Protracted and obvious physical disfigure ment or c. Protracted loss of or impairment of the function of a bodily member or organ. This endorsement is executed by the LIBERTY INSURANCE CORPORATION Premium Effective Daie Expiration Date For attachment to Policy No. TH7 641 443952 043 Audit Basis Issued To Countersigned by Authorized Represent Sales Office and No. End. Serial No. 20 Issued ISO Properties Inc. 2006 CU 21 56 06 06 Page 2 of 2 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OKLAHOMA AUTO EXCLUSION OF TERRORISM COVERAGE UNDERLYING AUTO COVERAGE EXCLUDES TERRORISM ABOVE MINIMUM STATUTORY LIMITS This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. The underilying Commercial Auto policy excludes C. The following definitions are added and apply coverage for terrorism with respect to 1. Liability and Personal Injury Protection Cover age and only to the extent that the limit of such coverage exceeds the state compulsory or fi nancial responsibility law minimum limits for each coverage and 2. Uninsured andor Underinsured Motorists Cov erage and only to the extent that the limit of such coverage exceeds the minimum statutory permitted limits for Uninsured andor Underin sured Motorists Coverage. Those limits are equal to the minimum limits permitted for Liabil ity Coverage. B. The provisions of Sections B. through D. of this endorsement 1. Apply only to bodily injury or property dam age arising out of the ownership maintenance or use of any auto that is a covered auto under this Coverage Part and 2. Supersede the provisions of any other en dorsement addressing terrorism attached to this Coverage Part only with respect to bodily injury or property damage arising out of the ownership maintenance or use of any auto that is a covered auto. under this endorsement wherever the term terror ism or the phrase any injury or damage are en closed in quotation marks 1. Terrorism means activities against persons organizations or property of any nature a. That involve the following or preparation for the following 1 Use or threat of force or violence or 2 Commission or threat of a dangerous act or 3 Commission or threat of an act that interferes with or disrupts an electronic communication information or mechan ical system and b. When one or both of the following applies 1 The effect is to intimidate or coerce a government or the civilian population or any segment thereof or to disrupt any segment of the economy or It appears that the intent is to intimidate or coerce a government or to further political ideological religious social or economic objectives or to express or express opposition to a philosophy or ideology. 3 ISO Properties Inc. 2006 Page 10of 2 CU 21621206 | 2 |
2. Any injury or damage means any injury or damage covered under any Coverage Part or underlying insurance to which this endorse ment is applicable and includes but is not lim ited to bodily injury property damage per sonal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part or underlying in surance. D. The following exclusion is added EXCLUSION OF TERRORISM We will not pay for any injury or damage caused directly or indirectly by terrorism including action in hindering or defending against an actual or ex pected incident of terrorism. Any injury or dam age is excluded regardless of any other cause or event that contributes concurrently or in any se quence to such injury or damage. But this exclu sion applies only when one or more of the fol lowing are attributed to an incident of terrorism 1. The terrorism is carried out by means of the dispersal or application of radioactive material or through the use of a nuclear weapon or de vice that involves or produces a nuclear reac tion nuclear radiation or radioactive contami nation or 2. Radioactive material is released and it ap pears that one purpose of the terrorism was to release such material or 3. The terrorism is carried out by means of the dispersal or application of pathogenic or poi sonous biological or chemical materials or 4. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials or 5. The total of insured damage to all types of property exceeds 25000000. in determining whether the 25000000 threshold is exceed ed we wili include all insured damage sus tained by property of all persons and entities affected by the terrorism and business inter ruption losses sustained by owners or occu pants of the damaged property. For the pur pose of this provision insured damage means damage that is covered by any insurance plus damage that would be covered by any insur ance but for the application of any terrorism exclusions or 6. Fifty or more persons sustain death or serious physical injury. For the purposes of this provi sion serious physical injury means a. Physical injury that involves a substantial risk of death b. Protracted and obvious physical disfigure ment or c. Protracted loss of or impairment of the function of a bodily member or organ. Multiple incidents of terrorism which occur within a 72 hour period and appear to be carried out in concert or to have a related purpose or common leadership will be deemed to be one incident for the purpose of determining whether the thresholds in Paragraph D.5. or D.6. are exceeded. With respect to this Exclusion Paragraphs D.5. and D.6. describe the threshoid used to measure the magnitude of an incident of terrorism and the circumstances in which the threshold will apply for the purpose of determining whether this Exclusion will apply to that incident. When the Exclusion ap plies to an incident of terrorism there is no cov erage under this Coverage Part. In the event of any incident of terrorism that is not subject to this Exclusion coverage does not apply to any injury or damage that is otherwise excluded under this Coverage Part. This endorsement is executed by the LIBERTY INSURANCE CORPORATION Premium Effective Date Espiration Date For attachment to Policy No TH7 641 443952 043 Audit Basis Tssued To 2. Any injury or damage means any injury or damage covered under any Coverage Part or underlying insurance to which this endorse ment is applicable and includes but is not lim ited to bodily injury property damage per sonal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part or underlying in surance. D. The following exclusion is added EXCLUSION OF TERRORISM We will not pay for any injury or damage caused directly or indirectly by terrorism including action in hindering or defending against an actual or ex pected incident of terrorism. Any injury or dam age is excluded regardless of any other cause or event that contributes concurrently or in any se quence to such injury or damage. But this exclu sion applies only when one or more of the fol lowing are attributed to an incident of terrorism 1. The terrorism is carried out by means of the dispersal or application of radioactive material or through the use of a nuclear weapon or de vice that involves or produces a nuclear reac tion nuclear radiation or radioactive contami nation or 2. Radioactive material is released and it ap pears that one purpose of the terrorism was to release such material or 3. The terrorism is carried out by means of the dispersal or application of pathogenic or poi sonous biological or chemical materials or 4. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials or Countersigned by Sales Office and No. End. Serial No. 21 Tssued IS0 Properties Inc. 2006 Page 2 of 2 CU 21621206 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON AUTO EXCLUSION OF TERRORISM COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. The provisions of this endorsement 2. Any injury or damage means any injury or 1. Apply only to bodily injury or property dam age arising out of the ownership maintenance or use of any auto that is a covered auto under this Coverage Part and 2. Supersede the provisions of any other en dorsement addressing terrorism attached to this Coverage Part only with respect to bodily injury or property damage arising out of the ownership maintenance or use of any auto that is a covered auto. B. The following definitions are added and apply under this endorsement wherever the term terror ism or the phrase any injury or damage are en closed in quotation marks 1. Terrorism means activities against persons organizations or property of any nature a. That involve the following or preparation for the following 1 Use or threat of force or violence or 2 Commission or threat of a dangerous act or 3 Commission or threat of an act that interferes with or disrupts an electronic communication information or mechan ical system and b. When one or both of the following applies 1 The effect is to intimidate or coerce a government or the civilian poputation or any segment thereof or to disrupt any segment of the economy or It appears that the intent is to intimidate or coerce a government or to further political ideological religious social or economic objectives or to express or express opposition to a philosophy or ideology. 2 damage covered under any Coverage Part or underlying insurance to which this endorse ment is applicable and includes but is not lim ited to bodily injury property damage per sonal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part or underlying in surance. C. The foliowing exclusion is added EXCLUSION OF TERRORISM We will not pay for any injury or damage caused directly or indirectly by terrorism including action in hindering or defending against an actual or ex pected incident of terrorism. But this Exclusion applies only when one or more of the following are attributed to an incident of terrorism 1. The terrorism is carried out by means of the dispersal or application of radioactive material or through the use of a nuclear weapon or de vice that involves or produces a nuclear reac tion nuclear radiation or radioactive contami nation or 2. Radioactive material is released and it ap pears that one purpose of the terrorism was to release such material or 3. The terrorism is carried out by means of the dispersal or application of pathogenic or poi sonous biological or chemical materials or 4. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials or operty dam naintenance vered auto y other en attached to et to bodilv IS0 Properties Inc. 2006 Page 1 of 2 CU 21631206 | 2 |
5. The total of insured damage to all types of property exceeds 25000000. In determining whether the 25000000 threshold is exceed ed we will include all insured damage sus tained by property of all persons and entities affected by the terrorism and business inter ruption losses sustained by owners or occu pants of the damaged property. For the pur pose of this provision insured damage means damage that is covered by any insurance plus damage that would be covered by any insur ance but for the application of any terrorism exclusions or 6. Fifty or more persons sustain death or serious physical injury. For the purposes of this provi sion serious physical injury means a. Physical injury that involves a substantial risk of death or b. Protracted and obvious physical disfigure ment or c. Protracted loss of or impairment of the function of a bodily member or organ. Multiple incidents of terrorism which occur within a 72 hour period and appear to be carried out in concert or to have a related purpose or common leadership will be deemed to be one incident for the purpose of determining whether the thresholds in Paragraph C.5. or C.6. are exceeded. With respect to this Exclusion Paragraphs C.5. and C.6. describe the threshold used to measure the magnitude of an incident of terrorism and the circumstances in which the threshold will apply for the purpose of determining whether this Exclusion will apply to that incident. When the Exclusion ap plies to an incident of terrorism there is no cov erage under this Coverage Part. In the event of any incident of terrorism that is not subject to this Exclusion coverage does not apply to any injury or damage that is otherwise excluded under this Coverage Part. This endorsement s executed by the LIBERTY INSURANCE CORPORATION Premium Effective Date Expiration Date. For attachment to Policy No. TH7 641 443952 043 Audit Basis Issued To Countersigned by Sales Office and No. T Rthorized Representative End. Sesial No. 22 Tssued CU 21631206 IS0 Properties Inc. 2006 Page 2 of 2 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ARKANSAS EXCLUSION OF PUNITIVE DAMAGES RELATED TO A CERTIFIED ACT OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. The following exclusion is added b. The act is a violent act or an act that is This insurance does not apply to dangerous to human life property or infra structure and is committed by an individual TERRORISM PUNITIVE DAMAGES or individuals as part of an sffort to coerce Damages arising directly or indirectly out of a the civilian population of the United States certified act of terrorism that are awarded as or to influence the policy or affect the con punitive damages. duct f the United States Government by B. The following definitions are added coercion. Cerfifi I i 2. Punitive damages mean damages that may 1. Certified act of terrorism means an act that is f o certified by the Secretary of the Treasury in be imposed to punish a wrongdoer and to deter concurrence with the Secretary of State and others from similar conduct. the Attorney General of the United States to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act. The criteria con tained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following a. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terror ism Risk Insurance Act and This endorsement is executed by the LIBERTY INSURANCE CORPORATION Premium Effective Date piration Date For attachment to Policy No. TH7 641 443952 043 Aucit Basis Issued To Countersigned by Sales Office and No. End. Serial No. 23 Issued CU 01610108 ISO Properties Inc. 2007 Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ALASKA EXCLUSION OF PUNITIVE DAMAGES RELATED TO A CERTIFIED ACT OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. The following exclusion is added 2. The act is a violent act or an act that is dan This insurance does not apply to gerous to human life property or infrastructure L pply to and is committed by an individual or individuals TERRORISM PUNITIVE DAMAGES as part of an effort to coerce the civilian popu Damages arising out of a certified act of terror lation of the United States or to influence the ism that are awarded as punitive damages. policy or affect the conduct of the United States B. The following definition is added Government by coercion. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in con currence with the Secretary of State and the Attor ney General of the United States to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act. The criteria contained in the Terror ism Risk Insurance Act for a certified act of terror ism 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 This endorsement is executed by the LIBERTY INSURANCE CORPORATION Premium Effective Date Espisation Date For attachment to Policy No. THT641 443952 043 Audit Basis Issued To Countersigned by Sales Office and No. End. Sesial No. 24 Tssued CU 01670108 1SO Properties Inc. 2007 Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insur ance Act exceed 100 billion in a Program Year Jan uary 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 ac cordance with procedures established by the Secre tary of the Treasury. Certified act of terrorism means an act that is certi fied 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 pursu ant to the federal Terrorism Risk Insurance Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subjct 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. This endorsement is executed by the LIBERTY INSURANCE CORPORATION Premivm Effective Date Tispisation Date For attachment to Policy No. THT7 641 443952 043 Audit Besis Tssued To Countersigned by Sales Office and No. End. Serial No. 25 Issued CU 21300108 ISO Properties Inc. 2007 Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF PUNITIVE DAMAGES RELATED TO A CERTIFIED ACT OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. The following exclusion is added 2. The act is a violent act or an act that is dan This insurance does not apply to TERRORISM PUNITIVE DAMAGES Damages arising directly or indirectly out of a certified act of terrorism that are awarded as pu nitive damages. B. The foliowing definition is added Certified act of terrorism means an act that is certified by the Secretary of the Treasury in con currence with the Secretary of State and the Attor ney General of the United States to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act. The criteria contained in the Terror ism Risk Insurance Act for a certified act of terror ism 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 gerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian popu lation of the United States or to influence the policy or affect the conduct of the United States Government by coercion. This endorsement is executed by the LIBERTY INSURANCE CORPORATION Premium Effective Date Expiration Date For attachment to Policy No. TH7 641 443952 043 Audit Basis Tssued To Espiration Date TH7 641 443952 043 Countessigned by Sales Office and No. End. Serial No. 26 Issued ISO Properties Inc. 2007 Page 1 of 1 CU 21360108 | 2 |
Policy Number TH7 641 443952 043 Issued by LIBERTY INSURANCE CORPORATION Endorsement 27 End. Eff. Date THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UNDERLYING COVERAGE WARRANTY FOR CERTIFIED ACTS OF TERRORISM With respect to any one or more certified acts of terrorism we will be liable only for that portion of damages subject to the Each Occurrence Limit stated in the Declarations in excess of the total amounts stated as the applicable limits of the underlying policies listed in the Declarations under the Schedule of underlying insurance and the applicable limits of any other insurance providing coverage to the Insured during the policy period. If you fail to comply with this Underlying Coverage Warranty for Certified Acts of Terrorism and you do not maintain your underlying limits as scheduled we will only be liable to the same extent that we would have been had you fully complied with this warranty. 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 including all amendments. The federal Terrorism Risk Insurance Act sets forth the following criteria for a certified act of terrorism 1. The act resulted in aggregate losses in excess of 5 million 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. This exclusion does not apply to the extent that insurance is provided by a policy listed in the Declarations under the Schedule of underlying insurance and for no broader coverage than is provided by such policy. LCU 60011110 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 |
COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. First Named Insured means the person or organization shown as the Named Insured in the Declarations or if more than one name appears the Named Insured fisted first in the Declarations. The words we us and our refer to the Company providing this insurance. The word insured means any person or organization qualifying as such under SECTION Il WHO IS AN INSURED. Other words and phrases that appear in quotation marks have special meaning. If not defined in the section in which they first appear refer to SECTION V DEFINITIONS. SECTION COVERAGES 1. Insuring Agreement a. We will pay those sums in excess of the retained limit that the insured becomes legally obligated to pay as damages because of 1 Bodily injury 2 Property damage or 3 Personal and advertising injury to which this insurance applies. The amount we will pay for damages is fimited as described in SECTION il LIMITS OF INSURANCE b. We will have the right and duty to defend any suit seeking damages covered by this insurance by counsel of our choice when 1 The total applicable limits of underlying insurance have been exhausted by payment of judgments or settlements or 2 The damages sought because of bodily injury property damage or personal and advertising injury to which this insurance applies would not be covered by underlying insurance or other insurance. However we have no duty to defend any suit if any other insurer has a duty to defend all or a portion of that suit. Our right and duty to defend any suit including any suit which is pending at the time of exhaustion end when we have exhausted the applicable limit of insurance of this policy in the payment of judgments or settiements. We may at our discretion investigate any occurrence and settle part or all of any claim or suit that may result. We have the right but not the duty at our expense to defend any suit or to retain an attorney to associate with the insured or any counsel for the purpose of defending any claim or suit LCU 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 0f 30 | 0 |
which we are not obligated to defend but which in our opinion may require payment under this policy. The insured at our request will assist us and cooperate fully in the handling and defense of all claims or sults and in enforcing all rights to salvage contribution subrogation or indemnity that may affect our obligations under this policy. If we have a duty to defend a claim or suit but can not legally do so in the country in which the claim is made or the suit is brought you agree to investigate and defend the claim or suit. You may also settle the claim or suit but only with our prior written consent. Subject to the applicable limits of insurance we will reimburse the insured for our share of any damages or settlement in excess of the retained limit. We will reimburse the insured for our share of the reasonable costs of such investigation and defense. This insurance applies only if 1 The bodily injury or property damage occurs during the policy period or the personal and advertising injury is caused by an offense arising out of your business during the policy period 2 The bodily injury property damage or personal and advertising injury is caused by an occurrence that takes place anywhere in the world. However if coverage for a claim or suit under this policy would violate any economic or frade 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 and Prior to the poliey period no insured listed under Paragraph 1. of SECTION Il WHO IS AN INSURED and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. 3 Bodily injury or property damage wili be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of SECTION il WHO IS AN INSURED or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of such bodily Injury or property damage to us or any other insurer 2 Receives a written or oral demand or claim for damages because of such bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. if such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage had occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. Bodily injury or property damage which occurs during the policy period and which was not prior fo the policy period known to have occurred or to have begun to ocour by any insured listed under Paragraph 1. of SECTION Il WHO IS AN INSURED or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or LCU 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 2 of 30 | 1 |
2 resumption of that bodily injury or property damage after the end of the policy period. As used in c.3 d. and e. above an insured listed under Paragraph 1. of SECTION It WHO IS AN INSURED does not include a stockholder who is not otherwise an insured. Exclusions This insurance does not apply to a. Expected or Intended njury Bodily injury or property damage arising out of an act that 1 Is intended by the insured or 2 Would be expected from the standpoint of a reasonable person in the circumstances of the insured to cause bodily injury or property damage even if the actual bodily injury or property damage is of a different degree or type than intended or expected. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. b. Contractual Liability Any obligation of the insured by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Because of bodily injury or property damage assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorney fees and necessary itigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed In the same insured contract and b Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person Lcuooot1110 2010 Liberty Mutual Group of Companies. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 3 of 30 | 1 |
2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. This exclusion does not apply however if the bodily injury or property damage is covered by underiying insurance. Coverage provided will follow the terms definitions conditions and exclusions of underlying insurance subject to the policy period limits of insurance premium and all other terms definitions conditions and exclusions of this policy except that the coverage provided will be no broader than the coverage provided by underlying insurance. Workers Compensation and Similar Laws Any obligation of the insured under a workers compensation law disability benefits law unemployment compensation law or any similar law. ERILS.A. Any obligation of the insured under the Employees Refirement Income Security Act ERIS.A and any amendments thereto or any similar federal state or local statute Auto Coverages 1 Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others including the supervision hiring employment training or monitoring of others by the insured of any auto. Use includes operation and loading or unloading. This exclusion does not apply however if the bodily injury or property damage is covered by underlying insurance. Coverage provided will 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. Any loss cost or expense payable under or resulting from a first party physical damage coverage no fault law personal injury protection or auto medical payments coverage or uninsured or underinsured motorist law except to the extent coverage is specifically provided by endorsement to this policy. Employer s Liability Bodily injury to 1 Anemployee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. LCU 00011110 2010 Liberty Mutual Group of Companies. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 4 of 30 | 1 |
Bodily injury or perscnal and advertising This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract This exclusion does not apply however if the bodily injury is covered by underlying insurance Coverage provided will foliow the terms definitions conditions and exclusions of underlying insurance subject fo the policy period limits of insurance premium and all other terms definitions conditions and exclusions of this policy except that the coverage provided by this policy will be no broader than the coverage provided by underlying insurance. Employment Related Practices 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c. Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation or discrimination directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury or personal and advertising injury to that person at whom any of the employment related practices described in Paragraphs 1a b or c above is directed. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. Pollution 1 Bodlily injury property damage or personal and advertising injury which would not have occurred in whole or in part but for the actual alleged potential or threatened discharge dispersal seepage migration release or escape of poliutants at any time whether included in a product or otherwise.. Paragraph 1 of this exclusion does not apply to coverage described in a through e below if the bodily injury or property damage is covered by underlying insurance Coverage will follow the terms definitions conditions and exclusions of underlying insurance subject to the policy period limits of insurance premium and all other terms definitions conditions and exclusions of this policy except that coverage provided will be no broader than the coverage provided by underlying insurance. a Bodily injury if sustained within a building which is or was at any time owned or occupied by or rented or loaned to any insured and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests LoLllpalils Ui el guesls LcuU 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 5 of 30 | 1 |
b Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire uniess that hostile fire occurred or originated i At any premises site or location which is or was at any time used by or for any insured or others for the handiing storage dispesal processing or treatment of waste or i At any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations to test for monitor clean up remove contain treat detoxify neutralize or in any way respond to or assess the effects of pollutants 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 cperation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them but only if the escape of fuels lubricants or other operating fluids occurs at or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations and the fuels lubricants or other operating fluids are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. This exception does not apply if the bodily injury or property damage arises out of the infentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor. c Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor or d Bodily injury or property damage arising out of the escape of fuels lubricants fluids exhaust gases or other similar poliutants that are needed for or result from the normal electrical hydraulic or mechanical functioning of a covered auto or its parts if e i The poliutants 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 i The bodily injury or property damage does not arise out of the operation of any equipment shown in Paragraphs f2 and f3 of the definition of mobile equipment 2 Pollution cost or expense. This exclusion i. applies regardless of whether such discharge dispersal seepage migration release or escape occurs inside or outside a building or whether such poliutant has any function in your business operations premises site or location. j. Aircraft or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or LCU 00011110 2010 Liberty Mutual Group of Companies. All rights Page 6 of 30 reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 6 of 30 | 1 |
entrustment to others of any aircraft or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment fraining or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft or watercraft owned or operated by or rented or loaned to any insured. This exclusion does not apply if the bodily injury or property damage is covered by underlying insurance. Coverage provided will follow the terms definitions conditions and exclusions of underlying insurance subject to the policy period limits of insurance premium and all other terms definitions conditions and exclusions of this policy except that the coverage provided will be no broader than the coverage provided by underlying insurance. War 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 Warllke action by a miitary 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 rebeilion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Damage to Property Property damage to 1 Property a You own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property or b Owned or transported by the insured and arising out of the ownership maintenance or use of a covered auto 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you 4 Property in the care custody or 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 Lcu oo 011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office inc. with its permission. Page 7 of 30 | 1 |
6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 1b 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraphs 3 and 4 of this exclusion do not apply to liability assumed under a written Trailer Interchange agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard.. Damage to Your Product Property damage to your product arising out of it or any part of it. Damage to Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. Damage to Impaired Property or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 Adelay 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 fo your product or your work after it has been put to its intended use. Recall of Products Work or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or Lcuooo1 1110 2010 Liberty Mutual Group of Companies. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 8 of 30 | 1 |
dangerous condition in it. Personal and Advertising Injury Personal and advertising injury 1 Arising out of an offense committed by or on behalf of the insured that 2 4 5 8 7 a Is intended by such insured or b Would be expected from the standpoint of a reasonable person in the circumstances of such insured to cause injury Arising out of the oral or written publication of material if done by or at the direction of the insured with knowledge of its falsity Arising out of the oral or written publication of material whose content in the same or substantially the same form was published in any medium before the beginning of the policy period Arising out of a breach of contract except an implied contract o 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 a Infringement of or any other violation relating to copyright patent trademark service mark trade name trade dress or other intellectual property right b Theft of trade secret c Misappropriation or d False advertising false marking false designation of origin or authenticity. However this Paragraph 7 does not apply to a Infringement of copyright trade dress or slogan committed in your advertisement b The unauthorized uss in your advertisement of another s idea for an advertisement or c Oral or written publication of material that violates a person s right of privacy by misappropriation of that person s name or likeness 8 Committed by an insured whose business Is LCU 000111 10 2010 Liberty Mutual Group of Companles. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 9 of 30 | 1 |
10 11 12 a Adverfising broadcasting printing publishing or telecasting b Designing or determining content of websites for others or c An Internet search access content or service provider. However this Paragraph 8 does not apply to Paragraphs a. b. and e. of the definition of personal and advertising injury under SECTION V DEFINITIONS. For purposes of this Paragraph 8 the placing of frames borders or finks or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting printing publishing or telecasting Arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control Arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead anothers potential customers Arising out of a criminal act committed by or at the direction of the insured or Arising out of the actual threatened or potential release disclosure or distribution of personal medical or financial information. r. Electronic Data Bodily injury property damage or personal and advertising injury arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data s. Asbestos Bodily injury property damage or personal and advertising injury arising out of or caused by or allegedly caused by asbestos either alone or in combination with other substances or factors. t. Fungi or Bacteria Bodily injury property damage or personal and advertising injury arising out of or related in any way to fungi or bacteria the exposure to fungi or bacteria or any claims arlsing from fungi or bacteria. This includes but is not limited to 1 Bodily injury property damage or personal and advertising injury which would not have 2 occurred in whole or in part but for the actual aileged or threatened inhalation of ingestion of contact with exposure to existence or presence of any fungi or bacteria on or within a building or structure including its contents regardiess of whether any other cause event material or product contributed concurrently or in any sequence to such injury or damage or Any loss cost or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. This exclusion does not apply to any fungi or bacteria that are on or are contained in a good or LCU 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Inciudes copyrighted material of Insurance Services Office Inc. with its permission. Page 10 of 30 | 1 |
product intended for humans to eat. u. Nuclear Energy 1 Bodily injury property damage or personal and advertising injury a With respect to which an insured under this policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its imit of insurance or b Resuiting from the hazardous properties of nuclear material and with respect to which i any person or organization is required to maintain financi protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or if the insured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization. 2 Bodily injury property damage or personal and advertising injury resulting from the hazardous properties of nuclear material if a The nuclear material i is at any nuclear facility owned by or operated by or on behalf of an insured or ii has been discharged or dispersed therefrom b The nuclear material is contained in spent fuel or waste at any time possessed handled used processed stored transported or disposed of by or on behalf of an insured or The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this Paragraph c applies only to property damage to such nuclear facility and any property thereat. As used in this exclusion 1 Hazardous properties includes radioactive toxic or explosive properties. 2 Nuclear maferial means source material special nuciear material or by product material. 3 Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. 4 Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor. 5 Waste means any waste material Lcuoo011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 11 of 30 | 1 |
a containing by product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility. 6 Nuclear facility means a Any nuclear reactor b Any equipment or device designed or used for i separating the isotopes of uranium or plutonium i processing or utilizing spent fuel or iii handling processing or packaging waste Any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 Any structure basin excavation premises or place prepared or used for the storage or d disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. 7 Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. 8 Property damage includes all forms of radioactive contamination of property. v. Recording And Distribution Of Material Or Information In Violation Of Law Exclusion Bodily Injury property damage or personal and advertising injury arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transaction Act FACTA or 4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. CU 00011110 2010 Liberty Mutual Group of Companies. Al rights Page 12 of 30 reserved. Includes copyrighted material of Insurance Services LCU 0001 11 10 2010 Liberty Mutual Group of Companies. Al rights reserved Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
w. Drivers Privacy Protection Act Bodily Iinjury property damage or personal and advertising injury arising directly or indirectly out of any action or omission that violates or is alleged to vioiate the Drivers Privacy Protection Act of 1994 DPPA including any amendment of or addition to such law. X Unlawful Discrimination Bodily injury property damage or personal and advertising injury arising out of unlawful discrimination. y. Radioactive Matter Bodily injury property damage or personal and advertising injury arising out of related in any way to caused by or allegedly caused by any exposure to cr the presence of radiation andor radioactive matter either alone together or in combination with other substances or factors whether included in a product or otherwise. z. Securities Bodily injury property damage or personal and advertising injury arising out of related in any way to caused by or allegedly caused by 1 Any violation of any securities law or any law or part of any law that regulates the sale purchase offer for sale transfer or solicitation of securities or any regulation promulgated thereunder 2 The purchase sale offer of sale transfer or soficitation of any security debt insurance policy bank deposit or financial interest or instrument 3 Any representations made at any time in relation to the price or value of any security debt insurance policy bank deposit or financial interest or instrument or 4 Any depreciation or decline in price or value of any security debt insurance policy bank deposit or financial interest or instrument. 3. Supplementary Payments a. We will pay with respect to any claim we investigate or settle or any suit against the insured we defend 1 All expenses we incur. 2 The premium for bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. 3 All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings because of time off from work but not including the salaries of the insured s employees and in no event more than 250 a day. 4 All court costs taxed against the insured in the suit. However these payments do not ur. LCU 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 13 of 30 | 1 |
include attorneys fees or attorneys expenses taxed against the insured. 5 Prejudgment interest awarded against the insured on that part of the judgment we pay. However if we make a settlement offer within the applicable limit of insurance of this policy that is acceptable to the claimant or make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest accruing after we make such offer. 8 Post judgment inferest awarded against the insured on that part of the judgment we pay that accrues after the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. When we have the right but not the duty to defend the insured and elect to participate in the defense we will pay our own expenses but will not contribute to the expenses of the insured or the underlying insurer If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met 1 The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract 2 This insurance pplies to such liability assumed by the insured 3 The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract 4 The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee 5 The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and 6 The indemnitee a Agrees in writing to I Cooperate with us in the investigation settlement or defense of the suit li Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit iii Notify any other insurer whose coverage is available to the indemnitee and iv Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and b Provides us with written authorization to i Obtain records and other information related to the suit and Lcu 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 14 of 30 | 1 |
if Conduct and controf the defense of the indemnitee in such suit. So long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of SECTION COVERAGES such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above or the terms of the agreement described in Paragraph 6 above are no longer met. SECTION Il WHO IS AN INSURED 1. If you are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. c. A limited liability company you are an insured. Your members are also insureds but only with respect fo the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. d. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. e. A ftrust you are an insured. Your trustees are also insureds but only with respect to their duties as frustees. Each of the following is also an insured a. Your volunteer workers but only while performing duties related to the conduct of your business your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a coemployee in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business b To the spouse child parent brother or sister of that coemplayee or volunteer worker LCU 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office nc. with its permission. Page 15 of 30 | 1 |
as a consequence of Paragraph 1a above c For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs 1a or b above d Arising out of his or her providing or failing to provide professional health care services or e Arising out of practicing for or participating in any sports or athletic contest or exhibition that you sponsor unless the employee or volunteer worker is an insured for the bodily injury or personal and advertising injury on underlying insurance. 2 Property damage to property a Owned occupied used by b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. 3 Bodily injury property damage or personal and advertising injury arising out of the ownership maintenance or use of an auto except as provided in Paragraph f. below. b. Any person other than your employee or any organization while acting as your real estate manager but this does not apply with respect to the use of any vehicle owned by such person or organization. c. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this policy. a e. Any person or organization included as an additional insured under underlying insurance but not for broader coverage than is provided by the underlying insurance. When coverage provided to an additional insured is required by a contract or agreement the most we will pay on behalf of that additional insured is the minimum amount of insurance required by the contract or agreement less any amounts payable by any underlying insurance or otherwise retained.. Any person while using with your permission a covered auto for which insurance Is provided to you under this policy and any person or organization legally responsible for its use but only if that person is an insured with respect to Ilablhty arising out of the ownershlp maintenance use or entrustment to others of covered autos on underlying insurance. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured under this policy if there is no other similar insurance available to that organization and that organization is a Named Insured under underlying insurance. However LCU 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 16 of 30 | 1 |
a. Coverage under this provision is afforded only until the 90 day after you acquire or form the organization or the end of the policy period whichever is earlier b. Coverage does not apply to bodily injury or property damage that occurred before you acquired the organization and c. Coverage does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past partnership Joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION 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 or c. Persons or organizations making claims or bringing suits 2. The General Aggregate Limit is the most we will pay for the sum of all damages except damages because of a. Injury or damage included in the products completed operations hazard and b. Injury or damage arising out of the ownership maintenance use or entrustment to others of an auto. 3. The Products Completed Operations Aggregate Limit is the most we will pay for the sum of all damages for bodily injury and property damage included in the products completed operations hazard. 4. Subject to Paragraph 2. or 3. above if either applies the Each Occurrence Limit is the most we will pay for the sum of damages because of all injury or damage arising out of any one occurrence. 5. The Limits of Insurance apply separately to each consecutive annual period and to any remaining period of less than 12 months starfing with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. 6. For the purposes of applying the Each Occurrence limit a. All bodlly injury and property damage arising out of continuous or repeated exposure to substantially the same general harmful conditions will be considered as the result of one occurrence and b. Al personal and advertising injury arising out of a series of related offenses including alf repetitions or reproductions will be considered as the result of one and the same occurrence. Two or more offenses within the definition of personal and advertising injury each of which LCU 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Inciudes copyrighted material of Insurance Services Office Inc. with its permission. Page 17 of 30 | 1 |
involves publication of material will not be deemed to be more than one occurrence merely because the material in one publication is not identical to the material in another publication or because the publications are made in different media. SECTION IV CONDITIONS 1. 3. Appeals If the insured or the underlying insurers elect not to appeal a judgment that may require payments under this policy we may elect to make such appeal at our own cost. If we appeal we then will be liable for the taxable costs expenses and interest incidental to the appeal which will be in addition to the limits of insurance of this policy unless provided otherwise on any underlying insurance. If we appeal the Insured will cooperate with us at our request and at our expense in the prosecution of the appeal. Bankruptcy a. Bankrupicy or insolvency of the insured or the insureds estate will not relieve us of our obligation under this policy. b. Bankruptcy of an underlying insurer will not relieve us of our obligations under this policy. However this insurance will not replace the insurance afforded by the underlying insurance in the event of the bankruptcy insolvency or any other inability to pay of the underlying insurer or the insured fo the extent it is self insured. This insurance will apply as if the underlying insurance were in full effect. Duties in the Event of Occurrence Claim or Suit a. You must see to it that we are notified promptly of any occurrence which m.ay result in a claim to which this insurance might apply even if the insured must satisfy a retained limit before this insurance applies. To the extent possible notice should include 1 How when and where the occurrence took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence. b. If a claim is made or suit Is brought to which this policy may apply you must see to it that we receive prompt written notice of the claim or suit even if the insured must satisfy a retained limit before this insurance applies. You must notify us if an applicable fimit of underfying insurance is exhausted even if we do not have a duty to defend. c. You and any involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation settlement or defense of the claim or suit Lcuooo1111o 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office nc. with its permission Page 18 of 30 | 1 |
4 At our request instruct all insurers that issued underlying insurance to cooperate with us in our handling of the claim or suit and make available ail materials and documents in their claims files and 5 Assist us upon our request in the enforcement of any rights against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insureds will except at their own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. e. Inaddition to the notice requirement of Paragraph 3.a. above you must promptly notify us if 1 Any occurrence results in any of the following injuries a Adeath b An amputation of any extremity c Any serious head or brain injury including skull fracture or loss of sight of either or both eyes d Any injury to the spinal cord paraplegia or quadriplegia e Serious burns or f Any other serious bodily injury which the insured believes is likely fo involve this policy 2 Any suit to which this insurance may apply is a class action lawsuit or 3 You expect the injury or damage from any occurrence to exceed 50 of the retained fimit. As used in this Paragraph 3. promptly means as soon as practicable after knowledge of the occurrence has been reported to an executive officer of the insured or to the employee designated by the insured to give us notice. 4. Legal Action Against Us No person or organization has the right under this policy a. Tojoin us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this policy unless all of its terms have been fully complied with. If a person or organization sues us to recover on an agreed settlement or on a final judgment against an insured we will not be liable for damages that are not payable under the terms of this policy or that are in excess of the applicable limit of insurance. An agreed settlement means a settiement and release of liability signed by us the insured and the claimant or the claimant s legal representative. 5. Other Insurance This insurance is excess over and will not share or confribute with any other insurance whether primary excess contingent or on any other basis. This condition will not apply to insurance LCU 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 19 of 30 | 1 |
specifically written as excess over this policy. 6. Audit and Premium a. You agree to pay the premium when due. b. The Premium shown as Advance Premium on the Declarations is flat charge uniess a rate is shown. c. Ifarate is shown on the policy s Declarations the Advance Premium shown in the Declarations is an estimated premium only. At the close of each audit period we will compute the esarned premium for that period and send notice to the First Named Insured. The due date for audit premiums is the date shown as the due date on the bill. If the sum of the Advance and audit premiums paid for the policy period Is greater than the earned premium we will return the excess to the First Named Insured subject tc the Minimum Premium if any shown in the Declarations. d. The First Named Insured must keep records of the information we need for premium computation and make available to us or send us this information at such times as we may request. e. We may examine your books and records as they relate to this policy at any time during the policy period and for up to three 3 years after the expiration or termination of this policy. f. We may at our option make an additional premium charge for any organization that you acquire or form during the policy period. 7. Representations or Fraud By accepting this policy you agree a. The statements in the Declarations are accurate complete and based on information and representations you provided or made to us b. We have issued this policy in reliance upon your information and representations. The policy will be void in any case of fraud by you as it relates to this policy or any claim under this policy This policy will provide no coverage for any claim in the event you have made a material misrepresentation that relates to that claim without regard to whether such misrepresentation occurs before during or after the policy period and a e. There will not be coverage under this policy for hazards you fail to disclose at the inception of the policy period except that unintentional failure of the Named Insured to disclose all hazards existing at the inception of this policy shall not be a basis for denial of any coverage afforded by this policy. However you must report the hazard to us as soon as practical after discovering the failure to disclose. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non renewal. Separation of Insureds Except with respect to the limits of insurance and any rights or duties specificaily assigned to the First Named Insured this insurance applies LCU 00011110 2010 Liberty Mutual Group of Companies. Al rights Page 20 of 30 reserved. includes copyrighted material of Insurance Services Office Inc. with its permission. Page 20 of 30 | 1 |
a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. Transfer of Rights of Recovery Against Others to Us a. 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 wili do all that is necessary to secure such rights and must help us enforce them. The insured will do nothing after loss to prejudice such rights b. Any recoveries shall be applied as follows 1 Any person or organization including the insured that has paid an amount in excess of the applicable limit of insurance of this policy will be reimbursed first 2 We then will be reimbursed up to the amount we have paid and 3 Lastly any pefson or organization including the insured that has paid an amount over which this policy is excess is entitled to claim the remainder. Expenses incurred by us in the exercise of the rights of recovery shall be apportioned among the persons or organizations including the insured in the ratio of their respective recoveries as finally settled. 10. Cancellation and Non Renewal a. The First Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. b. We may cancel this policy by mailing or delivering to the First Named Insured written notice of cancellation at least 1 10 days before the effective date of cancellation if we cancel for nonpayment of premium or 2 30 days before the effective date of cancellation if we cancel for any other reason. c. We will mail or deliver our notice to the First Named Insured s last mailing address known to us. d. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date at 1201 AM. e. I this policy is cancelled we will send the First Named Insured any premium refund due. if we cancel the refund will be pro rata based upon the portion of the original policy period that the policy was actually in effect. If the First Named Insured cancels the refund will be less than pro rata and will be subject to the Minimum Premium if any shown in the Declarations. The cancellation will be effective even if we have not made or offered a refund. Our check mailed or delivered shall be sufficient tender of any refund due you.. If we decide not to renew this policy we will mail or deliver to the First Named Insured shown in the Declarations written notice of the non renewal not less than 30 days before the expiration date. g. If notice is mailed proof of mailing will be sufficient proof of notice. LCU 00011110 2010 Liberty Mutual Group of Companies. All rights Page 21 of 30 reserved. Includes copyrighted material of Insurance Services Office nc. with its permission. Page 21 of 30 | 1 |
11. 12 13. 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 fo be charged. We may give you reports on the conditions that we find. We may also recommend changes. However we do not undertake to perform the duty of you or any person or organization to provide for the health or safety of your employees or the public. We do not warrant the health and safety conditions of your premises or operations nor do we represent or certify that your premises or operations comply with laws regulations codes or standards. This condition applies not only to us but also to any rating advisory rate service or simifar organization which makes insurance inspections surveys reports or recommendations for us. Named Insureds a. The First Named Insured is authorized to act and agrees to act on behalf of ail persons or organizations insured under this policy with respect to all matters pertaining to the insurance afforded by the policy. b. Each Named Insured is jointly and severally liable for 1 All premiums due under this policy and 2 Any other financial obligations of any Named Insured to us arising out of any agreements contained in this policy. Maintenance of Underlying Insurance Throughout the policy period you must ensure that a. Underlying insurance that is self insurance provides coverage at least as broad as the coverage provided under this policy b. Allunderlying insurance remains in effect c. The terms definitions conditions and exclusions of all underlying insurance do not materially change d. The total applicable limits of ali underlying insurance do not decrease except for any reduction or exhaustion of aggregate limits by payment of judgments or settlements and e. Any renewals or replacements of any underlying insurance provide equivalent coverage to and afford limits of insurance equal to or greater than the policy being renewed or replaced. If you fail to comply with Paragraphs b. through e. above regardless of the reason or reasons this policy s coverage will apply as if the underlying insurance were still in full effect with the terms definitions conditions exclusions and limits that existed on the effective date of this policy. However if an exclusion is added to underlying insurance after the effective date of this policy then such exclusion is automatically added to this policy effective on the same date that it was effective on the underlying insurance. Page 22 of 30 Lcuoo o1 1110 2010 Liberty Mutual Group of Companies. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
14. 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. Until your legal representatives is appointed anyone having proper temporary custody of your property wil have your rights and duties but only with respect to that property. However in such event notice of cancellation of this policy sent to the First Named Insured and mailed to the address shown in this policy will be sufficient notice to effect cancellation of this policy. 15. Changes This policy contains all the agreements between you and us conceming the insurance afforded. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy. SECTION V DEFINITIONS 1. Advertisement means a paid announcement that is broadcast or published in the print broadcast or electronic media to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Announcements that are published include material ptaced on the Internet or on similar electronic means of communication and b. Regarding websites only that part of a website that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. Auto means a. A land motor vehicle trailer or semi trailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financiat responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However auto does not include mobile equipment. Bodily injury means a. Bodily injury sickness or disease sustained by a person including death resulting from any of these at any time and b. Mental anguish or injury shock or humiliation arising out of injury as defined in Paragraph a. above. Bodily injury does not include injury that falls within the definition of personal and advertising injury. Covered auto means only an auto for which coverage is provided on underlying insurance. Electronic data means information facts or programs stored as or on created or used on or LCU 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 23 of 30 | 1 |
fransmitted to or from computer software including but not limited to systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment.. 6. Employee includes a leased worker. Employee does not include a temporary worker. 7. Executive officer means a person holding any of the officer positions created by your charter constitution by laws or any other similar governing document. 8. Fungi mean any type or form of fungus including mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. 9. Hostile fire means one which becomes uncontroliable or breaks out from where it was intended to be. 10. impaired property means tangible property other than your product or your work that can not be used or is less useful because a. Itincorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by a. The repair replacement adjustment or removal of your product or your work or. b. Your fulfilling the terms of the contract or agreement. 11. Insured contract means a. A contract for lease of premises However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. Asidetrack agreement c. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement f. That part of any contract or agreement entered into as part of your business pertaining to the rental or lease by you or any of your em ployees of any auto. However such contract or agreement shall not be considered an insured contract to the extent that it obligates you or any of your employees to pay for property damage to any auto rented or leased by you or any of your employees or g. That part of any other contract or agresment pertaining to your business including an indemnification of a municipality in connsction with work performed for a municipality under LCU 00011110 2010 Liberty Mutual Group of Companies. All rights Page 24 of 30 reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 24 of 30 | 1 |
which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization provided the bodily injury or property damage is caused in whole or in part by you or by those acting on your behalf. Tort liability means a liability that would be imposed by law in the absence of any contract or agresment. Paragraphs f. and g. above do not include that part of any contract or agreement 1 That indemnifies a railroad for bodity injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any raliroad bridge or trestle tracks road beds tunnel underpass or crossing 2 That pertains to the loan lease or rental of an auto to you or any of your employees if the auto is loaned leased or rented with a driver 3 That helds a person or organization engaged in the business of transporting property by auto for hire harmless for your use of a covered auto over a route or territory that the person or organization is authorized to serve by public authority 4 That indemnifies an architect engineer or surveyor for injury or damage arising out of Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or. Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in Paragraph 4 above and supervisory inspection architectural or engineering activities s 12. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker dos not include a temporary worker. 13. Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. While it Is in or on an alrcraft watercraft or auto or c. While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. 14. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulidozers farm machinery forklifts and other vehicles designed for use principally off public roads LCU 00011110 2010 Liberty Mutual Group of Companies. All rights Page 25 of 30 reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 25 of 30 | 1 |
b. Vehicles maintained for use solely on or next to premises You own or rent c. Vehicles that fravel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in Paragraphs a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying weiding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers and. Vehicles not described in Paragraphs a. b.. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and simitar devices mounted on automobile or truck chassis and used to raise or tower workers and 3 Air compressors pumps and generators inciuding spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where such vehicles are licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos 15. Occurrence means a. With respect to bodily injury or property damage an accident including continuous or repeated exposure to substantially the same general harmful conditions or b. With respect to personal and advertising injury an offense or series of related offenses. LCU 00011110 2010 Liberty Mutual Group of Companies. All rights Page 26 of 30 reserved. Includes copyrighted material of insurance Services Office Inc. with its permission. | 1 |
16. 17. 18. 19. Other insurance means a. Any valid and collectible insurance except underlying insurance that insures any insured even if the coverage is unavailable or uncollectible as a consequence of a breach by any insured under this policy of the terms or conditions of that insurance plus b. Any amount retained under any self insurance program that is not underlying insurance. Other insurance does not include any insurance specifically written as excess over this policy. Personal and advertising injury means injury caused by one or more of the following oenses a. False arrest detention or imprisonment b. Malicious prosecution. Wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor d. Oral or written publication directly to the public at large in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services e. 1 Oral or written publication directly to the public at large in any manner of material that violates a person s right of privacy or 2 Oral or written publication of material in any manner that violates a person s right of privacy by misappropriation of that person s name or likeness f. The use of another s advertising idea in your advertisement or g. Infringing upon another s copyright trade dress or slogan in your advertisement. Bodlly injury that arises out of personal and advertising injury will be considered personal and advertising injury. Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicais and waste. Waste includes materials to be recycled reconditioned or reclaimed. Pollution cost or expense means any loss cost or expense arising out of any a. Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of poliutants or b. Claim or suit by or on behaif of a government authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. LCu 00011110 2010Liberty Mutual Group of Companies. Al rights. reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 27 of 30 | 1 |
20. Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. Your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. b When all of the work to be done at the site has been completed if your contract calls for waork at more than one site. c When that part of the work done at a job site has been put fo its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. b. This hazard does not include bodily injury or property damage arising out of 1. The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned by you created by the loading or unloading of that vehicle by any insured or 2 The existence of tools uninstalled equipment or abandoned or unused materials. 21. Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. 22. Publication means an insured s act of disseminating or broadcasting material or information. Publication does not include the wrongful appropriation interception or retrieval of material or information by a third party or the insured s dissemination or broadcasting of material or information to a person who is the subject of the material or the information. 23 Radiation andor radioactive matter includes but is not limited to fonizing radiation either directly from unstable atomic nuclel or atoms or as a consequence of a nuclear reaction radioactive isotopes alpha or beta particles or rays gamma rays X Rays photons nucleons including protons neutrons and electrons. 24. Retained limit means as to each occurrence a. The total applicable limits of the underlying insurance plus any applicable other insurance. LCU 00011110 2010 Liberty Mutual Group of Companies. All rights Page 28 of 30 reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 28 of 30 | 1 |
However if the sum of the underlying insurance plus the other insurance is 1 Greater than the amount listed in the Declarations under the Schedule for that underlying insurance our retained limit will be the greater amount or 2 Less than the amount listed in the Declarations under the Schedule for that underlying insurance our retained limit will be the amount listed in the Schedule. The retained limit will be reduced by the amount by which the applicable underlying insurance has been reduced due to the reduction or exhaustion of the applicable aggregate limit of insurance by payment of judgments or settiements. The retained limit will not be reduced or exhausted by defense costs loss adjustment expenses supplementary payments or similar amounts that reduce or exhaust the policy limits of underlying insurance If some or all of the underlying insurance is not available due to breach of policy condition our retained limit will be the amount listed In the Declarations under the Schedule for that underlying insurance plus other insurance. b. If there is no applicable underlying insurance our retained limit will equal the greater of the Self Insured Retention shown in the Declarations or any applicable other insurance. The Self Insured Retention will be reduced by Supplementary Payments we pay in the investigation or settlement of any claim or in the defense of any suit against the insured we defend. The Self Insured Retention does not apply to occurrences that would have been covered by underlying insurance but for the exhaustion of applicable fimits. In caleulating the extent to which the underlying aggregate limits have been reduced or exhausted the retained limit in Paragraph a. above will be reduced only by payment of judgments or settlements because of bodily injury and property damage that occurs during our policy period and personal and advertising injury that is caused by an offense arising out of your business during our policy period.. Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged and can be awarded. Suit includes a. An arbitration proceeding in which such damages are claimed and can be awarded and to which the insured must submit or does submit with our consent or b. Any other altemative dispute resolution proceeding in which such damages are claimed and can be awarded and to which the insured submits with our consent. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions.. Underlying insurance means any policies of insurance or self insurance listed in the Declarations under the Schedule of underlying insurance. Underlying insurer means any insurer who provides any policy of insurance listed in the Declarations under the Schedule of underlying insurance and any insurer who provides other insurance.. Lcu 00011110 2010 Liberty Mutual Group of Companies. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 29 of 30 | 1 |
29. 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 who is not paid a fee salary or other compensation by you or anyone else for thelr work performed for you. 30. Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect o the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 31. Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. Lcu 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 30 of 30 | 1 |
POLICYHOLDER DISCLOSURE TERRORISM RISK INSURANCE ACT THIS ENDORSEMENT IS MADE PART OF YOUR POLICY PURSUANT TO THE TERRORISM RISK INSURANCE ACT. In accordance with the Terrorism Risk Insurance Act including all amendments TRIA or the Act we are required to provide you with a notice of the portion of your premium attributable to coverage for certified acts of terrorism the federal share of payment of losses from such acts and the limitation or cap on our liability under the Act. Disclosure of Premium The Company has made available coverage for certified acts of terrorism as defined in the Act. If purchased the portion of your premium attributable to coverage for certified acts of terrorism is shown in the Declarations Deciarations Extension Schedule or elsewhere by endorsement in your policy. Federal Participation In Payment Of Terrorism Losses If an individual insurer s losses exceed a deductible amount specified in the Act the federal government will reimburse the insurer for 85 of losses paid in excess of the deductible provided that aggregate industry losses from a certified act of terrarism exceed 100 mitlion. Cap On Insurer Participation In Payment Of Terrorism Losses If aggregate insured losses attributable to certified acts of terrorism exceed 100 billion in a calendar year and we have met our deductible under the Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion. Nor shall Treasury make any payment for any portion of the amount of such losses that exceeds 100 billion. In such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. SNI 90021110 Page 1 0f 1 | 2 |
Policy Number TH7 641 443952 043 Issued by LIBERTY INSURANCE CORPORATION PARTICIPATING PROVISION You may be eligible to participate in the distribution of surplus funds of the company through any dividends that may be declared for this policy. A declaration or payment of dividends is not guaranteed. The amount of any dividends that may be declared shall be to the extent and upon the conditions fixed and determined by the Board of Directors and in compliance with any laws that apply. In witness whereof the company has caused this policy to be signed by its President and its Secretary. Dexctsr L. Lan SECRETARY 2013 Liberty Mutual Insurance. All rights reserved. LIL 900506 13 Page 1 of 1 | 2 |
Allianz Global Corporate Specialty Allianz Insurance Policy Allianz | 2 |
Allianz December 11 2019 Dear Ppc Flexible Packaging Re Policy Number USL00297319U Issuing Company Fireman s Fund Insurance Company AN ALLIANZ COMPANY Thank you for choosing Allianz as your insurance company. We appreciate the trust you ve placed in us. A copy of your commercial insurance policy is enclosed. Be sure to keep it in a secure place that you can easily access if you have a question or claim. As a valued policyholder you can count on Allianz for Trust and financial stability Rated A by A.M. Best and AA by Standard and Poor s Allianz Global Corporate Specialty earns one of the highest financial ratings of the leading global property and casualty insurers. Exceptional claim service Allianz has a 125 year reputation for outstanding claim service built on our commitment to honesty integrity and partnership with our clients. The company is ranked as One of the world s most admired companies by Fortune and One of the top global brands in the world by Interbrand. The abi to keep pace as your business evolves Your business needs are continually changing. Whether you are adopting new technologies or expanding into new geographic markets Allianz has the expertise and resources to grow with you. We truly look forward to serving you and supporting your business. In the interim please know that we deeply appreciate your business. Best regards 7 Wivtart Bill Scaldaferri President CEO Allianz Global Corporate Specialty North America 386516 01 17 Copyright 2017 Allianz Global Risks US Insurance Company. Allrights reserved. | 2 |
Allianz Fireman s Fund Insurance Company A Stock Company 225 W. Washington Street Suite 1800 Chicago IL 60606 3484 COMMON POLICY DECLARATIONS Policy No USL00297319U Policy No USL00297319U Policy Period From 11232019 To 11232020 Beginning and ending at 1201 a.m. standard time at the mailing address of the Named Insured shown below. Named Insured and Mailing Address Producer Name and Mailing Address Ppc Flexible Packaging Lockton Companies LLC 1111 Busch Pky 444 W. 47th StSuite 900 Buffalo Grove IL 60089 Kansas City MO 64112 Refer to Named Insured Schedule Policy Period In return for the payment of the premium and subject to all terms of this policy we agree with you to provide the insurance as stated in this policy. Premium Summary Umbrella Liability 65830 Certified Terrorism 1317 Total Amount Payable by the Insured 67147.00 Named Insured Schedule Named Insured Legal Entity Ppc Flexible Packaging Limited Liability Company Fisher Continer Holdings LLC Limited Liability Company Temkin International LLC Limited Liability Company Temkin Canada Holdings LLC Limited Liability Company Temkin Canada Corp. Nova Scotia ULC Corporation PPC Holdings Columbia LLC Limited Liability Company PPC Flexible Packaging Columbia S.A.S. Corporation Packaging Products Corporation LLC Limited Liability Company Popular Ink LLC Limited Liability Company Forms Schedule The following policy forms and endorsements have been attached to and made a part of the policy at Inception Copyright 2018 Allianz Global Risks US Insurance Company. Al rights reserved. cD10of2 | 2 |
Allianz Fireman s Fund Insurance Company Ppc Flexible Packaging Policy No USL00297319U Form Schedule Continued T Fireman s Fund Insurance Company Form Title Form Number Policyholder Messages Important Policy Notice Regarding Terrorism Coverage 380139 01 15 Important Notice Regarding the Terrorism Coverage Offered in this Quotation 380140 01 15 Policyholder Message Fungi or Bacteria Exclusion 380147 01 03 IL Illinois Notice to Policyholders 3866191212 1L Policyholder Message 386636 08 17 Umbrella Liability Umbrella Liability Coverage Section Declarations Schedule of Primary Insurance The Fund Umbrella Economic or Trade Sanctions Compliance Illinois Amendatory Endorsement Disclosure of Premium and Estimated Premium for Certified Acts of Terrorism Coverage Cap on Insurer Participation in Payment of Terrorism Losses Pursuant 178587 01 15 to Terrorism Risk Insurance Act Auto Exclusion Coverage B Cross Suits Exclusion Employee Benefit Program Exclusion Coverage B Employee Injury Exclusion Coverage B Lead Exclusion Policy Territory Limitation Coverage B Claims Made Coverage Amendment and Exclusion Fungi or Bacteria Exclusion Exclusion of Other Acts of Terrorism Committed Outside the United States Coverage for Certified Acts of Terrorism Additional Policy Provisions Defense Expenses Amendment Violation of Statutes Exclusion E Mails Fax Phone Calls or Other Methods of Recording or Distribution of Material or Information Access or Disclosure of Confidential or Personal Information and Data Related Exclusion With Limited Bodily Injury Exception 178300 06 19 5400 06 19 145985 06 14 178383 10 02 L 178717 10 01 178730 03 98 178751 03 98 178754 10 03 17877103 98 178786 10 03 178829 10 03 178950 04 02 178980 01 15 178993 01 15 179020 04 13 179021 06 06 179033 05 09 179086 05 14 rage Section Declarations surance nctions Compliance dorsement and Estimated Premium for Certified Acts of Terrorism 178300 06 19 5400 06 19 145985 06 14 178383 10 02 srer Participation in Payment of Terrorism Losses Pursuant 178587 01 15 ance Act rage B jram Exclusion Coverage B sion Coverage B on Coverage B e Amendment and Exclusion usion s of Terrorism Committed Outside the United States Acts of Terrorism sions rendment xclusion E Mails Fax Phone Calls or Other Methods of on of Material or Information f Confidential or Personal Information and Data Related 178717 10 01 178730 03 98 178751 03 98 178754 10 03 17877103 98 178786 10 03 178829 10 03 178950 04 02 178980 01 15 178993 01 15 179020 04 13 179021 06 06 179033 05 09 179086 05 14 L Exclusion Coverage B Coverage B overage B endment and Exclusion errorism Committed Outside the United States of Terrorism ent Copyright 2018 Allianz Global Risks US Insurance Company. Allrights reserved. cD20f2 | 2 |
Allianz SIGNATURE PAGE IN WITNESS WHEREOF the Company indicated on the Declarations Page of the policy has caused the policy to be signed by its President and Secretary. sssss PPPPPPPP 145000 08 17 Copyright 2017 Allianz Global Risks US Insurance Company. Allrights reserved. Page 10f 1 | 2 |
Allianz Important Policy Notice Regarding Terrorism Coverage 380139 01 15 You are hereby notified that this policy will apply with respect to a certified act of terrorism if coverage for such certified act of terrorism is provided by all scheduled Primary Insurance or Underlying Insurance that are subject to the Terrorism Risk Insurance Act as amended. As used in this message certified act of terrorism means an act or acts that are certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act as amended to be an act of terrorism pursuant to such Act as amended The Act. The criteria contained in The Act for a certified act of terrorism includes the following 1. The actresulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act as amended and 2. The act resulted in damage a. Within the United States including its territories and possessions and Puerto Rico or b. Outside the United States in the case of 1 An air carrier as defined in Section 40102 of title 49 United States code or United states flag vessel or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States regardless of where the loss occurs or 2 The premises of any United States mission and 3. 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. If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act as amended exceed 100 billion in a calendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act as amended then 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. If you have any questions please contact your agent or broker. 380139 01 15 Copyright 2015 Allianz Global Risks US Insurance Company. Allrights reserved. Page 10f 1 | 2 |
Allianz Important Notice Regarding the Terrorism Coverage Offered in this Quotation 380140 01 15 You are hereby notified that under the Terrorism Risk Insurance Act as amended The Act you have a right to purchase insurance coverage for losses arising out of certified acts of terrorism as defined in Section 1021 of The Act The term certified act of terrorism means any act or acts that are certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act as amended to be an act of terrorism to be a violent act or an act that is dangerous to human life property or infrastructure to have resulted in damage within the United States or outside the United States in the case of an air carrier or vessel or the premises of a United States mission and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. YOU SHOULD KNOW THAT WHEN COVERAGE IS PROVIDED BY THIS POLICY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM SUCH LOSSES MAY BE PARTIALLY REIMBURSED BY THE UNITED STATES GOVERNMENT UNDER A FORMULA ESTABLISHED BY FEDERAL LAW. HOWEVER YOUR POLICY MAY CONTAIN OTHER EXCLUSIONS WHICH MIGHT AFFECT YOUR COVERAGE SUCH AS AN EXCLUSION FOR NUCLEAR EVENTS. UNDER THE FORMULA THE UNITED STATES GOVERNMENT GENERALLY REIMBURSES 85 THROUGH 2015 84 BEGINNING ON JANUARY 1 2016 83 BEGINNING ON JANUARY 12017 82 BEGINNING ON JANUARY 1 2018 81 BEGINNING ON JANUARY 1 2019 AND 80 BEGINNING ON JANUARY 1 2020 OF COVERED TERRORISM LOSSES EXCEEDING THE STATUTORILY ESTABLISHED DEDUCTIBLE PAID BY THE INSURANCE COMPANY PROVIDING THE COVERAGE.THE PREMIUM CHARGED FOR THIS COVERAGE IS PROVIDED BELOW AND DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS THAT MAY BE COVERED BY THE FEDERAL GOVERNMENT UNDER THE ACT. YOU SHOULD ALSO KNOW THAT THE TERRORISM RISK INSURANCE ACT AS AMENDED CONTAINS A 100 BILLION CAP THAT LIMITS U.S. GOVERNMENT REIMBURSEMENT AS WELL AS INSURER S LIABILITY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM WHEN THE AMOUNT OF SUCH LOSSES IN ANYONE CALENDAR YEAR EXCEEDS 100 BILLION. IF THE AGGREGATE INSURED LOSSES FOR ALL INSURERS EXCEEDS 100 BILLION YOUR COVERAGE MAY BE REDUCED. This quotation includes an offer of coverage for losses due to certified acts of terrorism as defined by The Act and if accepted will be subject to the limits terms and conditions of any policy subsequently issued. In addition as with any other coverage under an umbrella policy the scope of your coverage for terrorism is directly related to the coverage of your primary policyies. Our offer of certified acts of terrorism coverage is conditioned upon your acceptance and purchase of certified acts of terrorism coverage as defined in The Act for all policies of insurance which are scheduled in this policy as primary insurance for this policy that are subject to The Act. The quoted premium for this terrorism coverage is per attached quote. In order to accept or reject this offer of certified acts of terrorism coverage for the premium stated above please do one of the following To Reject this offer do ALL of the following 1 Communicate your decision to your agent or broker and 2 Mark the Reject option below sign and date below and return the originally signed document to the address specified below. To Accept this offer you must do ALL of the following 1 Communicate your decision to your agent or broker 380140 01 15 Copyright 2015 Allianz Global Risks US Insurance Company. Al ights reserved. Page 10f2 Page 10f2 | 2 |
Allianz 2 Accept and purchase certified acts of terrorism coverage in all scheduled primary insurance policies that are subject to The Act and 3 Pay the premium by the due date shown on your premium billing. WE STRONGLY RECOMMEND that you contact your insurance agent prior to accepting this offer. Please note that any coverage mandated by applicable Workers Compensation laws in your state will not be affected by your rejection below of terrorism coverage. If you have any questions about this or any other insurance matter please contact your agent or broker. TERRORISM COVERAGE ELECTION understand that this offer is conditional on my purchase of coverage for certified acts of terrorism as defined in The Act for all policies of insurance which are scheduled in this policy as primary insurance for this policy that are subject to The Act. understand that if at a later time it is determined that any of the primary policies that are subject to The Act do not include coverage for certified acts of terrorism as defined in The Act then my election to accept this quote to purchase coverage for certified acts of terrorism as defined in The Act will be and void. In that event also understand that the policy that am purchasing will have no coverage for losses arising from certified acts of terrorism as defined in The Act. I REJECT COVERAGE FOR LOSSES DUE TO CERTIFIED ACTS OF TERRORISM AS DEFINED IN THE ACT. Applicant Signature Title Date Insurance Company Please return to your agent or broker. 380140 01 15 Copyright 2015 Allianz Global Risks US Insurance Company. Allrights reserved. Page20f2 | 2 |
Allianz Policyholder Message Fungi or Bacteria Exclusion 380147 01 03 IL THIS MESSAGE IS INTENDED TO ALERT YOU OF AN ENDORSEMENT ATTACHED TO YOUR POLICY. THIS MESSAGE DOES NOT REPLACE ANY PROVISION OF YOUR POLICY OR ANY ENDORSEMENT TO YOUR POLICY. PLEASE REVIEW YOUR POLICY AND THE ENDORSEMENTS FOR COMPLETE COVERAGE INFORMATION. Fungi or Bacteria Exclusion Your policy contains a fungi or bacteria exclusion. If you have any questions about your policy the endorsements or this message please contact your insurance agent or broker. 380147 0103 1L Copyright 2003 Allianz Giobal Risks US Insurance Company. Allrights reserved. Page 10f 1 | 2 |
Allianz lllinois Notice to Policyholders 386619 1212 IL Whom to Contact About Your Insurance In the event you need to contact someone about this policy for any reason please contact your insurance agent or broker. If you have additional questions you may contact the insurance company issuing this policy at the following address and telephone number Corporate Consumer Affairs Allianz Global Risks US Insurance Company 225 W. Washington Street Suite 1800 Chicago IL 60606 Phone 888 466 7883 You may also contact the following should any complaints arise regarding the enclosed insurance policy ILLINOIS DEPARTMENT OF INSURANCE CONSUMER DIVISION OR PUBLIC SERVICES SECTION 320 West Washington Street 4th floor Springfield IL 62767 0001 217 782 4515 386619 1212 1L Copyright 2012 Allianz Global Risks US Insurance Company. Allrights reserved. Page 10f 1 | 2 |
Allianz Policyholder Message 386636 08 17 Important Information for Policyholders If you have questions about your policy please contact your independent agent or broker. If you have additional questions you can contact the company issuing the policy listed on your Declarations page at the following address Allianz Global Risks US Insurance Company 225 W. Washington Street Suite 1800 Chicago IL 60606 3484 Toll Free Telephone 1888 466 7883 Toll Free Telephone for Claims 1800 870 8857 Website httpwww.agcs.allianz.com Website Address for Support Services httpwww.agcs.allianz.comglobalofficesunitedstatessupportservices The information above supersedes any other Company contact information you may have received with your policy. 386636 08 17 Copyright 2017 Allianz Global Risks US Insurance Company. Allrights reserved. Page 10f 1 | 2 |
Allianz Umbrella Liability Copyright 2018 Allianz Global Risks US Insurance Company. Allrights reserved. Page 10f 1 | 2 |
Allianz Umbrella Liability Coverage Section Declarations e These Declarations together with the Common Policy Declarations Schedule of Primary Insurance Coverage Forms and any Endorsements complete this policy. e 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. The Fund Umbrella 5400 06 19 Limits of Insurance Description of Limits Limit of Insurance Each Occurrence 20000000 Aggregate 20000000 Endorsements Completed in the Declaration Claims Made Coverage Amendment and Exclusion 178829 10 03 Retroactive Date 11232019 Description of Limits Limit of Insurance Each Claim or Wrongful Act 20000000 Aggregate 20000000 Copyright 2018 Allianz Global Risks US Insurance Company. Allrights reserved. EUTof1 | 2 |
Allianz Schedule of Primary Insurance 178300 06 19 The schedule of Primary Insurance is completed to read as follows Commercial General Liability Occurrence Company Policy No Expiration Date HARTFORD CASUALTY As provided by carrier 11232020 INSURANCE COMPANY Description of Limits Limits of Insurance General Aggregate Limit Other than Products 2000000 Completed Operations Products Completed Operations Aggregate 2000000 Personal Advertising Injury 1000000 Each Occurrence 1000000 Damage to Premises Rented To You Limit Any one 300000 premises Manufacturer s Error Omissions Each Claim 1000000 Manufacturer s Errors Omissions Aggregate 2000000 Printers Errors Omissions Each Claim 1000000 Printers Error Omissions Aggregate 1000000 Employee Benefits Administration Liability Claims made Claims Made Retroactive Date 08012014 Description of Limits Limits of Insurance Each Employee 1000000 Aggregate 2000000 Automobile Liability Combined Single Limit Company Policy No Expiration Date TRUMBULL INSURANCE As provided by carrier 11232020 COMPANY Description of Limits Limits of Insurance Bodily Injury and Property Damage Combined Single 1000000 Limit Any One Accident s Aggregate o You Limit Any one ns Each Claim ions Aggregate ach Claim 178300 06 19 Copyright 1992 Allianz Global Risks US Insurance Company. Allrights reserved. Page 10f3 | 2 |
Allianz Employers Liability Continued Employers Liability Company Policy No Expiration Date Various Hartford carriers on file As provided by carrier 11232020 Description of Limits Limits of Insurance Bodily Injury by Accident 1000000 Bodily Injury by Disease Limit Policy 1000000 Bodily Injury by Disease Each Employee 1000000 Commercial General Liability Occurrence Company Policy No Expiration Date ZURICH AMERICAN INSURANCE As provided by carrier 11232020 COMPANY Description of Limits Limits of Insurance General Aggregate Limit Other than Products 2000000 Completed Operations Products Completed Operations Aggregate 2000000 Personal Advertising Injury 1000000 Each Occurrence 1000000 Employee Benefits Administration Liability Claims made Claims Made Retroactive Date Description of Limits Limits of Insurance Each Employee 1000000 Aggregate 2000000 Additional Terms FOREIGN Automobile Liability Combined Single Limit Company Policy No Expiration Date ZURICH AMERICAN INSURANCE As provided by carrier 11232020 COMPANY Description of Limits Limits of Insurance Bodily Injury and Property Damage Combined Single 1000000 Limit Any One Accident Additional Terms FOREIGN 178300 06 19 Copyright 1992 Allianz Global Risks US Insurance Company. Allrights reserved. Page20f3 | 2 |
Allianz Employers Liability Continued Employers Liability Company Policy No Expiration Date ZURICH AMERICAN INSURANCE As provided by carrier COMPANY 11232020 Description of Limits Limits of Insurance Bodily Injury by Accident Bodily Injury by Disease Limit Policy Bodily Injury by Disease Each Employee 1000000 1000000 1000000 Additional Terms FOREIGN 178300 06 19 Copyright 1992 Allianz Global Risks US Insurance Company. Allrights reserved. Page3of3 | 2 |
Allianz Quick Reference The Fund Umbrella 5400 06 19 This insurance is provided by one of Allianz Global Risks US Insurance Companies as shown on the Declarations Page. Our mailing address is 225 W. Washington Street Suite 1800 Chicago IL 60606. At inception The Fund Umbrella policy consists of the Declarations The Fund Umbrella policy form and the endorsements listed on the Declarations. BEGINNING ON PAGE SECTION I. EXCESS LIABILITY COVERAGE A Insuring Agreement... When We Will Have a Duty to Defend. Exclusions.... Who Is An Insured. Limits of Insurance.. o wid N SECTION Il. UMBRELLA LIABILITY COVERAGE B SECTION Ill. SUPPLEMENTARY PAYMENTS... Insuring Agreement.. When We Will Have a Duty to Defend. Exclusions.... Who Is An Insure Limits of Insurance.... SECTION IV. CONDITIONS SECTION V. NUCLEAR ENERGY LIABILITY EXCLUSION... SECTION VI. DEFINITIONS...... PPOZErACIOMMOUO Appeals. Conformity with Laws. Duties of Insureds in the Event of Occurrence Claim or Suit. Maintenance of Primary Insurance..... Payment of Loss Under this Policy. Premium. Titles or Captions. Transfer of Your Rights and Duties Under this Policy. Subrogation........ Other Insurance..... Separation of Insureds. Inspection and Audit.. Unintentional Failure to Disclose... Waiver of Subrogation Same as Primary. 5400 06 19 Copyright 2003 Allianz Global Risks US Insurance Company. Allrights reserved. Page 10f24 | 2 |
Allianz Read the entire policy carefully to determine rights duties and what is and is not covered. The words you and your refer to the Named Insured shown in the Declarations. The words we us and our refer to the company providing this insurance. Other words and phrases that are boldfaced have special meaning. Refer to the DEFINITIONS and WHO IS AN INSURED sections. By accepting this policy you agree that 1. The statements in the Declarations and Application are your agreements and representations N Those statements are accurate and complete This policy is issued and continued in reliance upon the truth of those representations and This policy contains all agreements existing between you us and our agents relating to this insurance. SECTION I. EXCESS LIABILITY COVERAGE A A. COVERAGE A INSURING AGREEMENT 1. 4. We will pay on behalf of any Insured those sums in excess of Primary Insurance that any Insured becomes legally obligated to pay as damages or a Covered Pollution Cost or Expense provided that such damages and Covered Pollution Cost or Expense a. Are covered by Primary Insurance b. Arise from injury or damage that occurs or from an offense committed during our Policy Period and c. Take place anywhere in the world. The terms and conditions of Primary Insurance apply to Coverage A unless they are inconsistent with any provision of this policy. The amount we will pay is limited as described in Limits of Insurance. a. Subject to Section I.B. and Section I.E.5. we will only pay defense expenses we incur in addition to the applicable Limits of Insurance. b. If we are prevented by law from investigating or settling any claim or defending any Insured against any Suit we will pay any expense incurred by any Insured with our consent. B. COVERAGE A WHEN WE WILL HAVE A DUTY TO DEFEND 1. We will have the right and duty to defend any Insured against any Suit seeking damages or a Covered Pollution Cost or Expense to which Coverage A applies but only a. After the applicable limits of insurance of Primary Insurance and Other Insurance cease to apply because of exhaustion by the payment of judgments or settlements or because of exhaustion by the payment of defense expenses by the terms of that policy and b. If no Other Insurance affording a defense or indemnity against such a Suit is available to any Insured. We will pay only those defense expenses we incur. We have the right but not the duty to associate with Primary Insurers in the defense and control of any Occurrence claim or Suit to which we think Coverage A may apply. At our discretion we may a. Investigate any Occurrence claim or Suit or b. Settle any claim or Suit. We have no duty to defend any Insured against any Suit seeking damages or a Covered Pollution Cost or Expense a. To which Coverage A does not apply 5400 06 19 Copyright 2003 Allianz Global Risks US Insurance Company. Allrights reserved. Page20f24 | 0 |
1. 2. 5400 06 19 Allianz b. After our applicable Limits of Insurance have been exhausted by the payment of judgments or settlements or exhausted by the payment of defense expenses or reimbursements in the same manner as the terms of Primary Insurance or Other Insurance or c. To which Primary Insurance or Other Insurance by its terms has no duty to defend provided that such Primary Insurance or Other Insurance does not defend for reasons other than the exhaustion of its limits of insurance. C. COVERAGE A EXCLUSIONS Coverage A of this policy does not apply ASBESTOS To any liability arising in whole or in part out of or in any way related to Asbestos. E.R.L.S.A. To any liability of any Insured under or any claim based upon a. The Employees Retirement Income Securities Act E.R.1.S.A. of 1974 and any amendment thereto or b. Similar provisions of any federal state or local statutory law or common law. WORKERS COMPENSATION AND SIMILAR LAWS To any obligation of any Insured under a Law of a. Workers compensation b. Disability benefits c. Unemployment compensation or d. Any similar law. POLLUTION a. Toany liability arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of Pollutants 1 3 4 5 At or from any premises site or location which is or was at any time a Owned or occupied by or b Rented or loaned to any Insured At or from any premises site or location which is or was at any time used by or for a Any Insured or b Others for the handling storage disposal processing or treatment of waste Which are or were at any time transported handled stored treated disposed of or processed as waste by or for a Any Insured or b Any person or organization for whom you may be legally responsible Ator 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 a If the Pollutants are brought on or to such premises site or location in connection with such operations by such Insured contractor or subcontractor or b If the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of Pollutants That are or that are contained in any property that is a Being transported or towed by handled or handled for movement into onto or from any auto covered by Primary Insurance b Otherwise in the course of transit by or on behalf of any Insured or Copyright 2003 Allianz Global Risks US Insurance Company. Al ights reserved. Page 30f24 Page 30f24 | 1 |
Allianz c Being stored disposed of treated or processed in or upon any auto covered by Primary Insurance or 6 a Before the Pollutants or any property in which the Pollutants are contained are moved from the place where they are accepted by any Insured for movement into or onto any auto covered by Primary Insurance or b After the Pollutants or any property in which the Pollutants are contained are moved from any auto covered by Primary Insurance to the place where they are finally delivered disposed of or abandoned by any Insured. To any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any Insured or others a Test for monitor clean up remove contain treat detoxify or neutralize or b In any way respond to or assess the effects of Pollutants or 2 Claim or suit by or on behalf of a governmental authority for damages because of a Testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or b In any way responding to or assessing the effects of Pollutants. This subsection 4.b. does not apply to 1 A Covered Pollution Cost or Expense to which Coverage A applies or 2 Liability for damages because of property damage that the Insured would have in the absence of such request demand or order or statutory or regulatory requirement or such claim or Suit by or on behalf of a governmental authority. 1 HOSTILE FIRE Subsections a.1 and a.4a above do not apply to bodily injury or property damage arising out of heat smoke or fumes from a Hostile Fire. 2 MOBILE EQUIPMENT FUELS Subsection a.4a above does not apply to bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of Mobile Equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if a The fuels lubricants or other operating fluids are intentionally discharged dispersed or released or b Such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged or released as part of the operations being performed by such Insured contractor or subcontractor. 3 AUTO FUELS Subsection a.5 above does not apply to fuels lubricants fluids exhaust gasses or other similar Pollutants that are needed for or result from the normal electrical hydraulic or mechanical functioning of any auto or its parts covered by Primary Insurance if a The Pollutants escape seep migrate or are discharged dispersed or released directly from an auto part designed by its manufacturer to hold store receive or dispose of such Pollutants and b The bodily injury property damage or Covered Pollution Cost or Expense does not arise out of the operation of any equipment listed in subsections 6.b and c of definition J. of Mobile Equipment under SECTION VI. DEFINITIONS. 5400 06 19 Copyright 2003 Allianz Global Risks US Insurance Company. Allrights reserved. Page 4 of 24 | 1 |
Allianz 4 AUTO UPSET OVERTURN DAMAGE Subsection a.6 above does not apply to Occurrences that occur away from premises owned by or rented to any Insured with respect to Pollutants not in or upon any auto covered by Primary 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 any auto covered by Primary Insurance and b The discharge dispersal seepage migration release or escape of the Pollutants is caused directly by such upset overturn or damage. 5 PRODUCTS COMPLETED OPERATIONS Subsection a. above does not apply 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. 6 BUILDING HEATING EQUIPMENT Subsection a.1 above does not apply to bodily injury if sustained within a building and caused by smoke fumes vapor or soot from equipment used to heat that building. 7 PESTICIDE OR HERBICIDE APPLICATOR With respect to pesticide or herbicide application by any Insured subsection a.4a above does not apply if the operations meet all standards of any statute ordinance regulation or license requirement of any federal state or local government which apply to those operations. 8 CONTRACTORS subsection a.1 above does not apply to bodily injury or property damage for which you may be held liable if a You are a contractor and b The owner or lessee of such premises site or location has been added to this policy as an additional Insured with respect to your ongoing operations performed for that additional Insured at that premises site or location and c Such premises site or location is not and never was owned or occupied by or rented or loaned to any Insured other than the owner or lessee of that premises who has been added to the policy as an additional Insured. 9 MATERIALS Subsection a.4a above does not apply to bodily injury or property damage sustained within a building and caused by the release of gasses 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. EMPLOYMENT PRACTICES To any liability arising out of any employment related or personnel practices policies acts or omissions. This includes but is not limited to a. Refusal to employ b. Termination of employment c. Coercion criticism demotion failure to promote evaluation reassignment discipline defamation self defamation harassment humiliation discrimination libel slander false arrest and imprisonment or violation of a person s right of privacy or d. Any consequential injury or damages as a result of a. b. or c. above. This exclusion applies a. To all claims demands charges complaints or Suits by any persons or organizations for damages because of such injury or liability including damages for care and loss of services 5400 06 19 Copyright 2003 Allianz Global Risks US Insurance Company. Allrights reserved. Page of 24 | 1 |
6. Allianz b. Whether any Insured may be held liable as an employer or in any other capacity either directly or indirectly related to employment and c. To any obligation to share damages with or repay someone else who must pay damages because of such injury or liability. WAR To any liability arising directly or indirectly out of a. War including undeclared or civil war b. Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or c. Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. D. COVERAGE A WHO IS AN INSURED Each of the following is an Insured under Coverage A 1. 2. NAMED INSURED Any person or organization shown in the Named Insured section of our Declarations. NEWLY ACQUIRED OR FORMED ORGANIZATIONS Any organization you newly acquire or form during our Policy Period. However Coverage A does not apply to any injury damage or Occurrence which took place or was committed before you acquired or formed the organization. PERSONS OR ORGANIZATIONS INSURED IN PRIMARY POLICIES Any person or organization that is an insured in Primary Policies. However any person or organization that becomes an insured in Primary Policies after the inception date of our policy is an Insured under Coverage A of our policy only if prior to the time of an Occurrence you agreed in a written contract to provide such insurance as is afforded by Coverage A of this policy. E. COVERAGE A LIMITS OF INSURANCE 1. 5400 06 19 The Limits of Insurance shown in the Declarations and the terms below fix the most we will pay regardless of the number of a. Coverages provided by this policy b. Insureds c. Claims made or Suits brought or d. Persons or organizations making claims or bringing Suits. OCCURRENCE LIMIT a. The each occurrence limit shown in our Declarations is the most we will pay under Coverages A and B combined for the sum of damages and Covered Pollution Cost or Expense arising out of any one Occurrence. Any amount we pay for damages or a Covered Pollution Cost or Expense arising out of an Occurrence will reduce or exhaust the amount of our applicable aggregate Limit of Insurance available for payment of damages or a Covered Pollution Cost or Expense arising out of any other Occurrence. b. Coverage A applies only in excess of the Limit of Insurance shown in our Schedule of Primary Insurance. But if a Primary Policy has a limit of insurance 1 Greater than the amount shown our policy applies excess of the greater amount or 2 Less than the amount shown our policy applies excess of the amount shown in our Schedule. c. If the limit of insurance of a Primary Policy is 1 Reduced or 2 Exhausted by payment of judgments or settlements arising out of Occurrences Coverage A will apply in excess of such reduced or exhausted limit of insurance. Copyright 2003 Allianz Global Risks US Insurance Company. Al ights reserved. Page 6 of 24 Page 6 of 24 | 1 |
Allianz 3. SAME BASIS AGGREGATE LIMIT The Limit of Insurance shown in our Declarations as aggregate is the most we will pay under Coverage A for the sum of damages and Covered Pollution Cost or Expense. Our aggregate limit will apply only when a Primary Policy applies an aggregate limit and will apply on the same basis as a Primary Policy. 4. POLICY PERIOD EXTENSIONS 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 starting with the beginning of the Policy Period shown in the Declarations. However if we extend our Policy Period after this policy is issued we will consider the additional period as part of the last preceding annual period for purposes of determining the Limits of Insurance. 5. SAME BASIS DEFENSE EXPENSES If the limits of insurance of any Primary Policy or Other Insurance are reduced by defense expenses by the terms of that policy then any defense expense payments we make to defend any Insured or reimbursements we make to any Insured for defense expenses will reduce our applicable Limits of Insurance in the same manner. SECTION Il. UMBRELLA LIABILITY COVERAGE B A. COVERAGE B INSURING AGREEMENT 1. We will pay on behalf of any Insured those sums that any Insured a. Becomes legally obligated to pay as damages because of Bodily Injury or Property Damage but only if 1 The Bodily Injury or Property Damage occurs during our Policy Period 2 The Bodily Injury or Property Damage is caused by an Occurrence and 3 Prior to the Policy Period no Insured and no Employee authorized by you to give or receive notice of an Occurrence or claim knew that the Bodily Injury or Property Damage had occurred in whole or in part. If such an Insured or authorized Employee knew prior to the Policy Period that the Bodily Injury or Property Damage occurred then any continuation change or resumption of such Bodily Injury or Property Damage during or after the Policy Period will be deemed to have been known prior to the Policy Period. However under this subsection A.1.a. 1 Bodily Injury or Property Damage which occurs during the Policy Period and was not prior to the Policy Period known to have occurred by any Insured or by any Employee authorized by you to give or receive notice of an Occurrence or claim includes any continuation change or resumption of that Bodily Injury or Property Damage after the end of the Policy Period. 2 Bodily Injury or Property Damage will be deemed to have been known to have occurred at the earliest time when any Insured or any Employee authorized by you to give or receive notice of an Occurrence or claim a Reports all or any part of the Bodily Injury or Property Damage to us or any other insurer b Receives a written or verbal demand or claim for damages because of the Bodily Injury or Property Damage or c Becomes aware by any other means that Bodily Injury or Property Damage has occurred or has begun to occur. b. Becomes legally obligated to pay as damages because of Personal and Advertising Injury but only if 1 Caused by an offense arising out of your business and 2 The offense was committed during our Policy Period. The Policy Period for this policy may be comprised of more than one consecutive annual period. However whether or not this policy of insurance applies to more than one consecutive annual period 5400 06 19 Copyright 2003 Allianz Global Risks US Insurance Company. Al ights reserved. Page 7 of 24 | 1 |
o Allianz the most we will pay for all damages for Personal and Advertising Injury arising out of an offense committed during one annual period is the Limits of Insurance available under that one annual period. This provision applies even if the Personal and Advertising Injury which arises from an offense committed during one annual period continues or progressively deteriorates into a subsequent annual periods. Coverage B does not apply to any claim or Suit a. Which is covered by Primary Insurance or Coverage A of this policy or b. Which would have been covered by Primary Insurance or Coverage A of this policy except for the exhaustion of the limits of such insurance. 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. Coverage B applies anywhere in the world. The amount we will pay is limited as described in Limits of Insurance. a. Subject to Section I1.B. and Section II.E.5. we will only pay defense expenses we incur in addition to the applicable Limits of Insurance. b. If we are prevented by law from investigating or settling any claim or defending any Insured against any Suit we will pay any expense incurred by any Insured with our consent. COVERAGE B WHEN WE WILL HAVE A DUTY TO DEFEND 1. We will have the right and duty to defend any Insured against any Suit seeking damages to which Coverage B applies but only a. If Coverage A or Primary Insurance does not apply or owe a duty of defense against such a Suit and b. If no Other Insurance affording a defense or indemnity against such a Suit is available to any Insured. We will pay only those defense expenses we incur. We have the right but not the duty to associate with Other Insurance insurers in the defense and control of any Occurrence claim or Suit to which we think Coverage B may apply. At our discretion we may a. Investigate any Occurrence claim or Suit and b. Settle any claim or Suit. We have no duty to defend any Insured against any Suit seeking damages a. To which Coverage B does not apply b. After our applicable Limits of Insurance have been exhausted by the payment of judgments or settlements or exhausted by the payment of defense expenses in the same manner as the terms of Other Insurance or c. Towhich any Other Insurance by its terms has no duty to defend provided that such Other Insurance does not defend for reasons other than the exhaustion of its limits of insurance. COVERAGE B EXCLUSIONS Coverage B of this policy does not apply 1. AIRCRAFT To any liability arising out of the ownership maintenance operation use entrustment to others loading or unloading of any aircraft a. Owned leased hired rented or borrowed by or on behalf of you or b. Chartered without crew by or on behalf of you. This exclusion 5400 06 19 Copyright 2003 Allianz Global Risks US Insurance Company. Allrights reserved. Page 8.0f 24 | 1 |
a. b. Allianz 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 and Does not apply to liability assumed under an Insured Contract. PERSONAL AND ADVERTISING INJURY To Personal and Advertising Injury a. Caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict Personal and Advertising Injury. Arising out of oral or written publication of material if done by or at the direction of the Insured with knowledge of its falsity. Arising out of oral or written publication of material whose first publication took place before the beginning of the Policy Period. Avrising out of a criminal act committed by or at the direction of the Insured. Avrising out of a breach of contract except an implied contract to use another s advertising idea in your Advertisement. Avrising 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. Avrising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. However this exclusion does not apply to infringement in your Advertisement of copyright trade dress or slogan. Committed by an Insured whose business is 1 Advertising broadcasting publishing or telecasting 2 Designing or determining content of web sites for others or 3 Aninternet search access content or service provider. However this exclusion i. does not apply to subsections 1. 2. and 3. of definition N. Personal and Advertising Injury under SECTION VI. DEFINITIONS. For the purposes of this exclusion i. 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. Arising out of an electronic chatroom or bulletin board the Insured hosts owns or over which the Insured exercises control. Avrising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. ASBESTOS To any liability arising in whole or in part out of or in any way related to Asbestos. CONTRACTUAL LIABILITY To any liability for which any Insured is obligated to pay damages by reason of the assumption of liability in any contract or agreement. This exclusion does not apply to liability for damages a. b. Assumed in a contract or agreement that is an Insured Contract provided the Bodily Injury Personal and Advertising Injury or Property Damage occurs after the execution of the contract or agreement or That the Insured would have in the absence of the contract or agreement. DAMAGE TO INSURED S PROPERTY To Property Damage to property of one Insured in the care custody or control of another Insured. DAMAGE TO YOUR PRODUCT OR WORK To Property Damage to a. Your Product arising out of it or any part of it or 5400 06 19 Copyright 2003 Allianz Global Risks US Insurance Company. Allrights reserved. Page 9.0f 24 | 1 |
10. 1. 12. Allianz b. 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. EMPLOYMENT PRACTICES To any liability arising out of any employment related or personnel practices policies acts or omissions. This includes but is not limited to a. Refusal to employ b. Termination of employment c. Coercion criticism demotion failure to promote evaluation reassignment discipline defamation self defamation harassment humiliation discrimination libel slander false arrest or imprisonment and violation of a person s right of privacy or d. Any consequential injury or damages as a result of a. b. or c. above. This exclusion applies a. To all claims demands charges complaints or Suits by any persons or organizations for damages because of such injury or liability including damages for care and loss of services b. Whether any Insured may be held liable as an employer or in any other capacity either directly or indirectly related to employment and c. To any obligation to share damages with or repay someone else who must pay damages because of such injury or liability. E.R.L.S.A. To any liability of any Insured under or any claim based upon a. The Employees Retirement Income Securities Act E.R.1.S.A. of 1974 and any amendment thereto or b. Similar provisions of any federal state or local statutory law or common law. EXPECTED OR INTENDED To Bodily Injury or Property Damage expected or intended from the standpoint of the Insured. This exclusion does not apply to Bodily Injury or Property Damage which results from the use of reasonable force to protect persons or property. IMPAIRED PROPERTY To Property Damage to Impaired Property or property that has not been physically injured arising out of a. A defect deficiency inadequacy or dangerous condition in Your Product or Your Work or b. A delay or failure by any Insured or anyone acting on any Insured s 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. WAR To any liability arising directly or indirectly out of a. War including undeclared or civil war b. Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or c. Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. POLLUTION a. To any liability arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of Pollutants 1 Ator from any premises site or location which is or was at any time a Owned or occupied by or b Rented or loaned to 5400 06 19 Copyright 2003 Allianz Global Risks US Insurance Company. Allrights reserved. Page 10.0f 24 | 1 |
Allianz any Insured 2 Ator from any premises site or location which is or was at any time used by or for a Any Insured or b Others for the handling storage disposal processing or treatment of waste 3 Which are or were at any time transported handled stored treated disposed of or processed as waste by or for a Any Insured or b Any person or organization for whom you may be legally responsible or 4 Atorfrom 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 a If the Pollutants are brought on or to such premises site or location in connection with such operations by such Insured contractor or subcontractor or b 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 5 That are or that are contained in any property that is a Being transported or towed by handled or handled for movement into onto or from any Auto covered by Coverage B b Otherwise in the course of transit by or on behalf of any Insured or c Being stored disposed of treated or processed in or upon any Auto covered by Coverage B 6 a Before the Pollutants or any property in which the Pollutants are contained are moved from the place where they are accepted by any Insured for movement into or onto any Auto covered by Coverage B or b After the Pollutants or any property in which the Pollutants are contained are moved from any Auto covered by Coverage B to the place where they are finally delivered disposed of or abandoned by any Insured. To any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any Insured or others a Test for monitor clean up remove contain treat detoxify or neutralize or b In any way respond to or assess the effects of Pollutants or 2 Claim or suit by or on behalf of a governmental authority for damages because of a Testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or b In any way responding to or assessing the effects of Pollutants. This subsection 12.b. does not apply to liability for damages because of Property Damage that the Insured would have in the absence of such request demand order or statutory or regulatory requirement or such claim or Suit by or on behalf of a governmental authority. HOSTILE FIRE Subsections a.1 and a.4a above do not apply to Bodily Injury or Property Damage arising out of heat smoke or fumes from a Hostile Fire. 5400 06 19 Copyright 2003 Allianz Global Risks US Insurance Company. Allrights reserved. Page 110f24 | 1 |
Allianz 13. RECALL OF PRODUCTS To damages claimed for any loss cost or expense incurred by any Insured or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of a. Your Product b. Your Work or c. Impaired Property if such product work or property is withdrawn or recalled a. From the market or b. From use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. 14. WORKERS COMPENSATION AND SIMILAR LAWS To any obligation of any Insured under a law of a. Workers compensation b. Disability benefits c. Unemployment compensation or d. Any similar laws. D. COVERAGE B WHO IS AN INSURED 1. Each of the following is an Insured under Coverage B a. NAMED INSURED Any person or organization shown in the Named Insured section of our Declarations and 1 If you are an individual you and your spouse are Insureds but only with respect to the conduct of a business of which you are the sole owner. 2 If you are a partnership or joint venture you your members your partners and their spouses are Insureds but only with respect to the conduct of your business. 3 If you are a limited liability company your members are Insureds but only with respect to the conduct of your business. Your managers are Insureds but only with respect to their duties as your managers. 4 If you are an organization other than a partnership joint venture or limited liability company your executive officers and directors are Insureds but only with respect to their duties as your officers or directors. Your stockholders are Insureds but only with respect to their liability as stockholders. 5 If you are a trust your trustees are Insureds but only with respect to their duties as trustees. b. NEWLY ACQUIRED OR FORMED ORGANIZATIONS Any organization you acquire or form during our Policy Period other than a partnership joint venture or limited liability company. But Coverage B applies only 1 If you maintain majority ownership or majority interest in such organization and 2 Toaninjury damage or Occurrence that took place or was committed after you acquired or formed the organization. c. SUBSIDIARIES Any subsidiary you wholly own either directly or indirectly at the inception of our policy. d. REAL ESTATE MANAGERS Any person or any organization while acting as your real estate manager. e. CUSTODIANS Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 5400 06 19 Copyright 2003 Allianz Global Risks US Insurance Company. Allrights reserved. Page 12.0f24 | 1 |
Allianz 2 Until your legal representative has been appointed. f. LEGAL REPRESENTATIVES Your legal representative if you die but only with respect to their duties as such. g. Your Volunteer Workers but only while performing duties related to the conduct of your business or your Employees other than 1 Your Executive Officers if you are an organization other than a partnership joint venture or limited liability company or 2 Your managers if you are a limited liability company are Insureds but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these Employees or Volunteer Workers are Insureds for injury a Toyou b To your partners or members if you are a partnership or joint venture c To your members if you are a limited liability company d To a co Employee while in the course of his or her employment or performing duties related to the conduct of your business e To your other Volunteer Workers while performing duties related to the conduct of your business f To the spouse child parent brother or sister of that co Employee or Volunteer Worker as a consequence of subsections a through e above g For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in subsections a through f above or h Arising out of his or her providing or failing to provide professional health care services. The following persons and organizations are not Insureds under Coverage B No person or organization is an Insured with respect to the conduct of any current past or newly acquired or formed a. Partnership b. Joint venture or c. Limited liability company that is not shown as a Named Insured in our Declarations. E. COVERAGE B LIMITS OF INSURANCE 1. 5400 06 19 The Limits of Insurance shown in the Declarations and the terms below fix the most we will pay regardless of the number of a. Coverages provided by this policy b. Insureds c. Claims made or Suits brought or d. Persons or organizations making claims or bringing Suits. OCCURRENCE LIMIT The each occurrence limit shown in our Declarations is the most we will pay under Coverages A and B combined for the sum of damages and Covered Pollution Cost or Expense arising out of any one Occurrence. Any amount we pay for damages or Covered Pollution Cost of Expense arising out of an Occurrence will reduce or exhaust the amount of our applicable aggregate Limit of Insurance available for payment of damages or Covered Pollution Cost or Expense arising out of any other Occurrence. Copyright 2003 Allianz Global Risks US Insurance Company. Al ights reserved. Page 13.0f24 Page 13.0f24 | 1 |
Allianz 3. AGGREGATE LIMIT The Limit of Insurance shown in our Declarations as aggregate is the most we will pay under Coverage B and applies separately for each of the following a. GENERAL AGGREGATE Our aggregate limit is the most we will pay for the sum of damages except for damages under subsections b. and c. below. b. PRODUCTS AND COMPLETED OPERATIONS AGGREGATE Our aggregate limit is the most we will pay for damages included in the Products Completed Operations Hazard. c. OCCUPATIONAL DISEASE AGGREGATE Our aggregate limit is the most we will pay for damages arising out of injury by disease to your officers or Employees. 4. POLICY PERIOD EXTENSIONS 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 starting with the beginning of the Policy Period shown in the Declarations. However if we extend our Policy Period after this policy is issued we will consider the additional period as part of the last preceding period for purposes of determining the Limits of Insurance. 5. SAME BASIS DEFENSE EXPENSES If the limits of Insurance of any Primary Insurance or Other Insurance are reduced by defense expenses by the terms of that policy then any defense expense payments we make to defend any Insured will reduce our applicable Limits of Insurance in the same manner. SECTION lIl. SUPPLEMENTARY PAYMENTS When we have the duty under this policy to defend any Insured against any Suit we will pay the following expenses in addition to our Limit of Insurance to the extent that they are not covered by Primary Insurance or Other Insurance by the terms of that insurance 1. Costs taxed against any Insured in the Suit. 2. Up to 2000 for cost of bail bonds required. We do not have to furnish these bonds. 3. The cost of bonds to release attachments but only for bond amounts within our applicable Limit of Insurance. We do not have to furnish these bonds. Reasonable expenses incurred by any Insured when we request the Insured to assist us in the investigation of the claim or defense of the Suit. This includes actual loss of earnings up to 500 a day because of time off from work. o Prejudgment interest awarded against any Insured on that part of the judgment we pay. If we make an offer to pay the applicable Limit of Insurance we will not pay any prejudgment interest based on that period of time after the offer. o 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 our applicable Limit of Insurance. SECTION IV. CONDITIONS APPEALS If any Primary Insurer elects not to appeal a judgment in excess of the amount of the Primary Insurance or Other Insurance we may elect to appeal. If we appeal we will pay the expenses of such appeal. Such payments will not reduce our Limits of Insurance. BANKRUPTCY 1. Bankruptcy or insolvency of any Insured or Insured s estate does not relieve us of our obligations under this policy. 2. If any Primary Insurer becomes bankrupt or insolvent this policy a. Does not replace such Primary Insurance and 5400 06 19 Copyright 2003 Allianz Global Risks US Insurance Company. Al ights reserved. Page 14 0f 24 Page 14 0f 24 | 1 |
Allianz b. Applies as though such Primary Insurance were available and collectible. C. CANCELLATION 1. The First Named Insured may cancel this policy by mailing or delivering advance written notice to us or the agent or broker of record. The Policy Period will end on the effective date requested. 2. We may cancel this policy by mailing by first class or certified mail to the First Named Insured and to the agent or broker of record at their last addresses known to us written notice of cancellation stating the reason for cancellation at least a. Ten 10 days before the effective date of cancellation if we cancel for nonpayment of premium or b. Ninety 90 days before the effective date of cancellation if we cancel for any other reason. 3. Notice of cancellation will state the effective date of cancellation. The Policy Period will end on the date of cancellation. 4. If this policy is cancelled we will send the First Named Insured any premium refund due. a. If we cancel the refund will be pro rata unearned premium. b. 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. 5. A post office certificate of mailing or a certified mail receipt will be sufficient proof of mailing of notice. D. CHANGES The First Named Insured 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 a written endorsement issued by us and made a part of this policy. E. CONFORMITY WITH LAWS Any terms of this policy which are in conflict with the laws of the state or Canadian province where this policy is issued are amended to conform to such laws. F. DUTIES OF INSUREDS IN THE EVENT OF OCCURRENCE CLAIM OR SUIT You must see to it that 1. We are notified as soon as practicable a. Of any Occurrence which may result in a claim under this policy when the Occurrence is known to 1 You if you are an individual 2 Your partner if you are a partnership 3 Your member if you are a joint venture 4 Your member or manager if you are a limited liability company or 5 Your officer or insurance manager if you are an organization other than a partnership or joint venture and b. If a claim is made or Suit is brought against any Insured. 2. Insureds a. Cooperate with us in the investigation or settlement of any claim or defense of any Insured against any Suit b. Enforce any right upon our request against any person or organization which may be liable to any Insured because of injury or damage to which this policy applies and c. Make no admission of liability incur no expense other than first aid and assume no obligation without our consent. 3. Injurisdictions in which we are prevented from investigating defending or settling a claim or defending any Insured against any Suit you must make or cause to be made such investigation defense or settlement as may be reasonably necessary. However settlement requires our prior written authorization. Also you must see to it that Insureds continue to comply with their duty to cooperate in the defense. 5400 06 19 Copyright 2003 Allianz Global Risks US Insurance Company. Al ights reserved. Page 15 0f 24 Page 15 0f 24 | 1 |
Allianz MAINTENANCE OF PRIMARY INSURANCE While this policy is in effect you agree 1. Tomaintain Primary Insurance in full force except for the reduction of limits of insurance due to the payment of judgments or settlements The terms and conditions of Primary Insurance will not materially change and Renewals or replacements of Primary Insurance will not materially change from the expiring Primary Insurance. If you fail to comply with the above this policy shall apply as if Primary Insurance had been so maintained. PAYMENT OF LOSS UNDER THIS POLICY This policy will not apply until the Insured or the Primary Insurer is obligated to pay the full amount of the Primary Insurance limits of insurance. When the amount of judgment or settlement has finally been determined we will promptly pay on behalf of the Insured the amount of damages which falls within the terms of this policy. PREMIUM 1. The First Named Insured a. s responsible for the payment of all premiums and b. Will be the payee for any return premiums. 2. The Advance Premium for this policy is shown in the Declarations. It is not subject to adjustment unless the Basis of Premium shown in the Declarations is other than flat charge. 3. If the Advance Premium is subject to adjustment the earned premium will be determined at the end of our Policy Period. If the earned premium is a. More than the Advance Premium the First Named Insured will pay the excess to us or b. Less than the Advance Premium we will return to the First Named Insured the unearned portion. However the earned premium is subject to the Annual Minimum Premium shown in our Declarations for each twelve 12 months of our Policy Period. TITLES OR CAPTIONS The titles or captions used in this policy are solely for convenience or reference. They do not affect the provisions to which they relate. TRANSFER OF YOUR RIGHTS AND DUTIES UNDER THIS POLICY Your rights and duties under this policy may not be transferred without our written consent. If you die your rights and duties are transferred to your legal representative but only while they are acting within the scope of their duties as such. Until one is appointed anyone having proper temporary custody of your property will have your rights and duties with respect to that property. SUBROGATION 1. If any Insured has rights to recover all or part of any payment we make under this policy those rights are transferred to us. The Insured must do nothing after loss to impair them. At our request the Insured will bring Suit or transfer those rights to us and help us enforce them. 2. Any recoveries shall be distributed as follows a. First we shall be entitled to recover to the extent of our payment and b. Next any remaining amounts shall be paid to the Primary Insurers or any other party to the extent of their payment. c. The expenses of the recovery will be distributed in proportion to the share of each party s recovery. But if we conduct the recovery proceedings by ourselves 1 We will pay all expenses and 2 If we make a recovery we will be reimbursed in full from the recovery for our expenses before the recovery is distributed. 5400 06 19 Copyright 2003 Allianz Global Risks US Insurance Company. Allrights reserved. Page 16 0f 24 | 1 |
Allianz OTHER INSURANCE If there is any Other Insurance available to any Insured this policy applies excess of and does not contribute with such Other Insurance. However 1. At your option our policy will apply before Other Insurance applies when you agree in a written Insured Contract prior to the time of an Occurrence that such insurance as is afforded by this policy will apply in that manner. 2. This does not apply if the Other Insurance is specifically written to be excess over this policy. SEPARATION OF INSUREDS Except with respect to the Limits of Insurance and any rights or duties specifically assigned to the First Named Insured this insurance applies 1. As if each Named Insured were the only Named Insured and 2. Separately to each Insured against whom claim is made or Suit is brought. INSPECTION AND AUDIT 1. We have the right but not the duty to a. Make inspections and surveys at any time b. Give you reports on the conditions we find and c. Recommend changes. 2. Any inspections surveys reports or recommendations relate only to insurability and the premiums to be charged. We do not a. Make safety inspections b. Undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public or c. Warrant that conditions are 1 Safe or healthful or 2 Comply with laws regulations codes or standards. 3. This condition applies a. Tous and b. To any rating advisory rate service or similar organization which makes insurance inspections surveys reports or recommendations. 4. We may examine and audit your books and records as they relate to this policy a. Atany time during our Policy Period and b. Up to one hundred eighty 180 days afterward. UNINTENTIONAL FAILURE TO DISCLOSE If you unintentionally fail to disclose to us all of 1. Your Products 2. Your Work or 3. Property owned or used by you which exist at the inception date of this policy we will not deny coverage under this policy because of such failure. WAIVER OF SUBROGATION SAME AS PRIMARY If you and the Primary Insurer prior to the time of an Occurrence waive any right of recovery against a specific person or organization for injury or damage we will also waive any rights we may have against such person or organization. 5400 06 19 Copyright 2003 Allianz Global Risks US Insurance Company. Allrights reserved. Page 170f 24 | 1 |
Allianz SECTION V. NUCLEAR ENERGY LIABILITY EXCLUSION A. The policy does not apply 1. Under any coverage to injury sickness disease death or destruction a. With respect to which any Insured under this policy is also an insured under a nuclear energy liability policy issued by 1 Nuclear Energy Liability Insurance Association 2 Mutual Atomic Energy Liability Underwriters or 3 Nuclear Insurance Association of Canada or would be insured under any such policy but for its termination upon exhaustion of its limit of liability or b. Resulting from the Hazardous Properties of Nuclear Material and with respect to which 1 Any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or 2 Any Insured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization. 2. Under any liability coverage to injury sickness disease death or destruction resulting from the Hazardous Properties of Nuclear Material if a. The Nuclear Material 1 Is at any Nuclear Facility owned by or operated by or on behalf of any Insured or 2 Has been discharged or dispersed therefrom b. The Nuclear Material is contained in Spent Fuel or Waste at any time possessed handled used processed stored transported or disposed of by or on behalf of any Insured or c. The injury sickness disease death or destruction arises out of the furnishing by any Insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any Nuclear Facility. But if such facility is located within the United States of America its territories or possessions or Canada subsection c. applies only to injury to or destruction of property at such Nuclear Facility. B. As used in this exclusion 1. Hazardous Properties includes radioactive toxic or explosive properties. 2. Nuclear Material means Source Material Special Nuclear Material or By Product Material. 3. Source Material Special Nuclear Material and By Product Material have the meaning given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. 4. Spent Fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a Nuclear Reactor. 5. Waste means any material which a. Contains By Product Material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its Source Material content and b. Results from the operation by any person or organization of any Nuclear Facility included under a. and b. of the definition of Nuclear Facility. 6. Nuclear Facility means 5400 06 19 Copyright 2003 Allianz Global Risks US Insurance Company. Al ights reserved. Page 18.0f 24 Page 18.0f 24 | 1 |
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