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Allianz a. Any Nuclear Reactor b. Any equipment or device designed or used for 1 Separating the isotopes of uranium or plutonium 2 Processing or utilizing Spent Fuel or 3 Handling processing or packaging Waste c. Any equipment or device used for processing fabricating or alloying of Special Nuclear Material if at any time the total amount of such material in the custody of any Insured at the premises where such equipment or device is located consists of or contains more than 25 grams of 1 Plutonium or 2 Uranium 233 or any combination thereof or more than 250 grams of uranium 235 d. Any structure basin excavation premises or place prepared or used for the storage or disposal of Waste and includes a. The site on which any of the foregoing is located b. All operations conducted on such site and c. All premises used for such operations. 7. Nuclear Reactor means any apparatus designed or used to a. Sustain nuclear fission in a self supporting chain reaction or b. Contain a critical mass of fissionable material. 8. With respect to injury to or destruction of property the words injury or destruction include all forms of radioactive contamination of property. SECTION VI. DEFINITIONS A ADVERTISEMENT under Coverage B means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers and supporters. For the purposes of this definition 1. Notices that are broadcast or published include material placed on the Internet or on similar electronic means of communication and 2. Regarding web sites only that part of a web site that relates to your goods products or services for the purposes of attracting customers or supporters is considered an Advertisement. ASBESTOS under Coverages A and B includes but is not limited to asbestos asbestos products asbestos fibers asbestos dust and asbestos contained in products or materials. AUTO under Coverage B means a land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment. But Auto does not include Mobile Equipment. BODILY INJURY under Coverage B means bodily injury sickness or disease sustained by a person including death or mental anguish resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease. COVERED POLLUTION COST OR EXPENSE under Coverage A means any cost or expense arising out of any 1. Request demand order or statutory or regulatory requirement or 2. Claim or Suit by or on behalf of a governmental authority 5400 06 19 Copyright 2003 Allianz Global Risks US Insurance Company. Al ights reserved. Page 19.0f 24 Page 19.0f 24 | 1 |
Allianz demanding that the Insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of Pollutants. Covered Pollution Cost or Expense does not include any cost or expense arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of Pollutants 1. 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 this policy b. Otherwise in the course of transit by or on behalf of any Insured c. Being stored disposed of treated or processed in or upon any Auto covered by this policy 2. 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 this policy or 3. After the Pollutants or any property in which the Pollutants are contained are moved from any Auto covered by this policy to the place where they are finally delivered disposed of or abandoned by any Insured. Subsection 1. above does not apply to fuels lubricants fluids exhaust gases or other similar Pollutants that are needed for or result from the normal electrical hydraulic or mechanical functioning of any Auto covered by this policy or its parts if a. The Pollutants escape seep migrate or are discharged dispersed or released directly from an Auto part designed by its manufacturer to hold store receive or dispose of such Pollutants and b. The Bodily Injury Property Damage or Covered Pollution Cost or Expense does not arise out of the operation of any equipment listed in subsections 6.b. or c. of the definition of Mobile Equipment. Subsections 2. and 3. above do 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 this policy 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 this policy and b. The discharge dispersal seepage migration release or escape of the Pollutants is caused directly by such upset overturn or damage. FIRST NAMED INSURED under Coverages A and B means the person or organization shown first in the Named Insured section of our Declarations. HOSTILE FIRE under Coverages A and B means one which becomes uncontrollable or breaks out from where it was intended to be. IMPAIRED PROPERTY under Coverage B means tangible property other than Your Product or Your Work that can not be used or is less useful because 1. ltincorporates Your Product or Your Work that is known or thought to be defective deficient inadequate or dangerous or 2. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by 1. The repair replacement adjustment or removal of Your Product or Your Work or 2. Your fuffilling the terms of the contract or agreement. INSURED CONTRACT under Coverage B means 1. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an Insured Contract 2. Asidetrack agreement 5400 06 19 Copyright 2003 Allianz Global Risks US Insurance Company. Allrights reserved. Page 20 0f 24 | 1 |
Allianz 3. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad 4. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality An elevator maintenance agreement That part of any contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another to pay for Bodily Injury Personal and Advertising Injury or Property Damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. This subsection 6. does not include that part of any contract or agreement a. Thatindemnifies a railroad for liability arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks roadbeds tunnel underpass or crossing b. That indemnifies an architect engineer or surveyor for injury or damage arising out of 1 Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or 2 Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or c. 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 b. above and supervisory inspection architectural or engineering activities. MOBILE EQUIPMENT under Coverages A and B means any of the following types of land vehicles including any attached machinery or equipment 1. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads 2. Vehicles maintained for use solely on or next to premises you own or rent 3. Vehicles that travel on crawler treads 4. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted a. Power cranes shovels loaders diggers or drills or b. Road construction or resurfacing equipment such as graders scrapers or rollers 5. Vehicles not described in subsections 1. 2. 3. or 4. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types a. Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or b. Cherry pickers and similar devices used to raise or lower workers. 6. Vehicles not described in subsections 1. 2. 3. or 4. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not Mobile Equipment but will be considered Autos a. Equipment designed primarily for 1 Snow removal 2 Road maintenance but not construction or resurfacing or 3 Street cleaning b. Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 5400 06 19 Copyright 2003 Allianz Global Risks US Insurance Company. Allrights reserved. Page 21 0f 24 | 1 |
Allianz c. Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting or well servicing equipment. K. NAMED INSURED under Coverages A and B means any person or organization shown in the Named Insured section of our Declarations. L. OCCURRENCE 1. Under Coverage A has the same meaning as has the term occurrence contained in Primary Insurance. But with respect to personal and advertising injury as defined in Primary Policies the term means a personal and advertising injury offense. 2. Under Coverage B means an accident including continuous or repeated exposure to substantially the same general harmful conditions. With respect to Personal and Advertising Injury the term means an offense which causes such injury. M. OTHER INSURANCE under Coverages A and B means insurance that is available to any Insured and covers damage to which this policy applies other than 1. Primary Insurance or 2. Insurance that is specifically purchased by you to be excess of the insurance afforded by this policy. N. PERSONAL AND ADVERTISING INJURY under Coverage B means injury including consequential Bodily Injury arising out of one or more of the following offenses 1. False arrest detention or imprisonment 2. Malicious prosecution or abuse of process 3. The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that the person occupies by or on behalf of its owner landlord or lessor 4. Oral or written publication in any manner of material that a. Slanders or libels a person or organization b. Disparages a person s or organization s goods products or services or c. Violates a person s right of privacy 5. The use of another s advertising idea in your Advertisement 6. Infringing upon another s copyright trade dress or slogan in your Advertisement or 7. Discrimination when based solely on either disparate impact or vicarious liability unless insurance thereof is prohibited by law. As used in this definition N the term discrimination means the unlawful treatment of individuals based on race color religion gender age or national origin. 0. POLLUTANTS under Coverages A and B means any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. P. PRIMARY INSURER under Coverages A and B means the insurer of the Primary Insurance or Other Insurance policies. Q. PRIMARY POLICY PRIMARY POLICIES or PRIMARY INSURANCE under Coverage A and B means the policy or policies of insurance shown in our Schedule of Primary Insurance. R. PRODUCTS COMPLETED OPERATIONS HAZARD under Coverage B 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 1. When all of the work called for in your contract has been completed 5400 06 19 Copyright 2003 Allianz Global Risks US Insurance Company. Al ights reserved. Page 22.0f 24 Page 22.0f 24 | 1 |
Allianz 2. When all of the work to be done at the site has been completed if your contract calls for work at more than one site or c. When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. S. PROPERTY DAMAGE under Coverage B means 1. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or 2. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the Occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. T. SUIT under Coverages A and B means a civil proceeding in which damages insured by this policy are alleged. The term includes 1. An arbitration proceeding in which such damages are claimed and to which any Insured must submit or does submit with our consent or 2. Any other alternative dispute resolution proceeding in which such damages are claimed and to which any Insured submits with our consent. U. YOUR PRODUCT under Coverage B means 1. Any goods or products other than real property manufactured sold handled distributed or disposed of by a. You b. Others trading under your name or c. A person or organization whose business or assets you have acquired and 2. Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. Your Product includes 1. Warranties or representations made at any time as respects the fitness quality durability performance or use of Your Product and 2. The providing of or failure to provide warnings or instructions. Your Product does not include vending machines or any other property rented to or located for the use of others but not sold. V. YOUR WORK under Coverage B means 1. Work or operations performed by you or on your behalf and 2. Materials parts or equipment furnished in connection with such work or operations. Your Work includes 1. Warranties or representations made at any time as respects the fitness quality durability performance or use of Your Work and 2. The providing of or failure to provide warnings or instructions. W. EMPLOYEE under Coverage B includes a Leased Worker. Employee does not include a Temporary Worker. 5400 06 19 Copyright 2003 Allianz Global Risks US Insurance Company. Al ights reserved. Page 23 0f 24 Page 23 0f 24 | 1 |
AA. Allianz EXECUTIVE OFFICER under Coverage B means a person holding any of the officer positions created by your charter constitution by laws or any other similar governing document. LEASED WORKER under Coverage B means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased Worker does not include a Temporary Worker. TEMPORARY WORKER under Coverage B means a person who is furnished to you to substitute for a permanent Employee on leave or to meet seasonal or short term workload conditions. VOLUNTEER WORKER under Coverage B means a person who is not your Employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. 5400 06 19 Copyright 2003 Allianz Global Risks US Insurance Company. Allrights reserved. Page 24 of 24 | 1 |
Allianz Economic or Trade Sanctions Compliance 145985 06 14 Policy Amendment The following is added to the Policy and replaces any other provision in the Policy addressing economic or trade sanctions This insurance does not apply to the extent that economic or trade sanctions or other laws or regulations prohibit us the Company from providing insurance. Al other terms and conditions of the policy remain unchanged. 145085 06 14 Copyright 2014 Allianz Global Risks US Insurance Company. Allrights reserved. Page 10f 1 | 2 |
Allianz lllinois Amendatory Endorsement 1783831002 IL Policy Amendment Umbrella Policy Excess Liability Policy A. The following is added to the policy CONDITIONS CANCELLATION subsection 2 If this policy has been in effect for more than sixty 60 days we may cancel only for one or more of the following reasons a. Nonpayment of premium b. This policy was obtained through a material misrepresentation c. Any Insured has violated any of the terms and conditions of this policy d. The risk originally accepted has measurably increased e. Certification to the Director of Insurance of the loss of reinsurance by the insurer that provided coverage to us for all or a substantial part of the underlying risk insured or f. A determination by the Director of Insurance that the continuation of the policy could place us in violation of the insurance laws of this State. B. The following is added to the policy CONDITIONS NONRENEWALBY US 1. 3. If we elect not to renew this policy we will mail 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 stating the reason for nonrenewal a. Atleast thirty 30 days before the expiration date if 1 The First Named Insured has at least twenty five 25 full time employees at the time of policy inception and procures insurance other than life accident health and annuity contracts by the use of the services of a full time employee acting as an insurance manager or buyer and 2 The aggregate annual premiums for all property and casualty insurance on all risks for this Insured is at least 50000. b. Atleast sixty 60 days before the expiration date for all risks outside the scope of a. above. Even if we do not comply with these terms this policy will terminate and the Policy Period will end a. On the expiration date if 1 You fail to perform any of your obligations in connection with the payment of the premium for this policy or any installment payment whether payable directly to us or our agents or indirectly under any premium finance plan or extension of credit 2 We have indicated our willingness to renew this policy to you or your representative or 3 You have notified us or our agent that you do not want to renew this policy b. On the effective date of any other insurance replacing this policy. A post office certificate or a certified mail receipt will be sufficient proof of mailing of notice. Al other terms and conditions of the policy remain unchanged. 178383 1002 1L Copyright 2002 Allianz Global Risks US Insurance Company. Allrights reserved. Page 10f 1 | 2 |
Allianz Disclosure of Premium and Estimated Premium for Certified Acts of Terrorism Coverage Cap on Insurer Participation in Payment of Terrorism Losses Pursuant to Terrorism Risk Insurance Act 178587 01 15 Policy Amendment Umbrella Policy Excess Liability Policy This Endorsement is attached to and made part of your policy in response to the disclosure requirements of the Terrorism Risk Insurance Act. A Disclosure of Premium In accordance with the federal Terrorism Risk Insurance Act as amended we are required to provide you with a notice disclosing the portion of your premium if any attributable to coverage for terrorist acts certified under the Terrorism Risk Insurance Act as amended certified acts of terrorism. The portion of your premium attributable to such coverage is shown in the policy Declarations. This premium is based on the rates in effect at the time of policy issuance or policy anniversary and was calculated for the full term of the current policy period. Disclosure of Federal Participation in Payment of Terrorism Losses The United States Government Department of the Treasury will pay a share of terrorism losses insured under the federal program. The federal share equals 85 through 2015 84 beginning on January 1 2016 83 beginning on January 1 2017 82 beginning on January 1 2018 81 beginning on January 1 2019 and 80 beginning on January 1 2020 of that portion of the amount of such insured losses that exceeds the applicable insurer retention. However if aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act as amended exceed 100 billion in a calendar year the Treasury shall not make any payment for any portion of the amount of such losses that exceed 100 billion. Cap on Insurer Participation in Payment of Terrorism Losses 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. Possibility of Additional or Return Premium The premium for certified acts of terrorism coverage is calculated based in part on the federal participation in payment of terrorism losses as set forth in the Terrorism Risk Insurance Act as amended. If the federal program terminates or if the level or terms of federal participation change the premium charge for certified acts of terrorism as shown in the Declarations of this policy may also change. If this policy contains a Conditional Exclusion continuation of coverage for certified acts of terrorism or termination of such coverage will be determined upon disposition of the federal program subject to the terms and conditions of the Conditional Exclusion. If this policy does not contain a Conditional Exclusion coverage for certified acts of terrorism will continue. In either case when disposition of the federal program is determined we will recalculate the premium charge made for those acts of terrorism covered by the Terrorism Risk Insurance Act as amended that remain covered by this policy after the disposition of the federal program. We will calculate the premium charge as follows 1. We will calculate the pro rated premium shown in the Declarations for certified acts of terrorism from the effective date of your policy to the date of expiration or change of the federal program. 2. We will calculate the pro rated premium charge for acts of terrorism that remain covered for the policy period that remains in effect from the expiration or change of the federal Program to the anniversary or expiration date of your policy. 3. We will add the amount determined in D.1. above to the amount determined in D.2. above. Such premium will be your revised annual premium for coverage for acts of terrorism. 17858701 15 Copyright 2015 Allianz Global Risks US Insurance Company. Allrights reserved. Includes copyrighted materialof Insurance Services Offce Inc. wih its permission. Page 10f2 | 2 |
Allianz a. Ifthe revised annual premium determined above is an additional premium this additional premium may be waived by us for the remainder of the policy term. b. If the revised annual premium determined above is a return premium we will refund this amount to you. Al other terms and conditions of the policy remain unchanged. 17858701 15 Copyright 2015 Allianz Global Risks US Insurance Company. Allrights reserved. Includes copyrighted materialof Insurance Services Offce Inc. wih its permission. Page20f2 | 2 |
Allianz Auto Exclusion Coverage B 178717 10 01 Policy Amendment Umbrella Policy Coverage B of the policy does not apply to any liability arising out of the ownership maintenance operation use entrustment to others loading or unloading of any Auto. This exclusion applies even if the claims against any Insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that Insured. Al other terms and conditions of the policy remain unchanged. 178717 1001 Copyright 2001 Allianz Global Risks US Insurance Company. Allrights reserved. Page 10f 1 | 2 |
Allianz Cross Suits Exclusion 178730 03 98 Policy Amendment Umbrella Policy Excess Liability Policy The policy does not apply to any liability arising out of a claim or Suit by one Named Insured against another Named Insured. Al other terms and conditions of the policy remain unchanged. 178730 03 98 Copyright 1998 Allianz Global Risks US Insurance Company. Allrights reserved. Page 10f 1 | 2 |
Allianz Employee Benefit Program Exclusion Coverage B 178751 03 98 Policy Amendment Umbrella Policy A. Coverage B of the policy does not apply to any liability arising out of the Administration of any Employee Benefit Program. B. As used in this endorsement the following terms have the following meanings 1. Employee Benefit Program includes but is not limited to group life insurance group accident or health insurance profit sharing plans pension plans and stock subscription plans unemployment insurance social security benefits workers compensation and disability benefits insurance. 2. Administration includes but is not limited to performing or failure to perform any of the following functions with respect to an Employee Benefit Program Application of rules determining eligibility for or participation in benefits Calculation of service and compensation credit for benefits Preparation of Employee communications material Maintenance of participants service and employment records Preparation of reports required by government agencies Calculation of benefits Orientation of new participants and advising participants of their rights and options under the plan 0 a0 oo Collection of contributions and application of contributions as provided in the plan i. Preparation of reports concerning participants benefits j. Processing of claims or k. Rendering or providing advice other than legal advice. Al other terms and conditions of the policy remain unchanged. 17875103 98 Copyright 1998 Allianz Global Risks US Insurance Company. Allrights reserved. Page 10f 1 | 2 |
Allianz Employee Injury Exclusion Coverage B 178754 10 03 Policy Amendment Umbrella Policy Coverage B of the policy does not apply to any liability arising out of any injury to A. Any Employee of any Insured arising out of and in the course of 1. Employment by any Insured or 2. Performing duties related to the conduct of any Insured s business or B. The spouse child parent brother or sister of that Employee as a consequence of A. above. This exclusion applies A. Whether any Insured may be held liable as an employer or in any other capacity and B. To any obligation to share damages with or repay someone else who must pay damages because of the injury. Al other terms and conditions of the policy remain unchanged. 178754 1003 Copyright 2003 Allianz Giobal Risks US Insurance Company. Allrights reserved. Page 10f 1 | 2 |
Allianz Lead Exclusion 178771 03 98 Policy Amendment Umbrella Policy Excess Liability Policy The policy does not apply to any liability arising in whole or in part out of or in any way related to Lead. As used in this exclusion the term Lead includes but is not limited to lead lead products lead contained in paint and lead contained in any products or materials. Al other terms and conditions of the policy remain unchanged. 17877103 98 Copyright 1998 Allianz Giobal Risks US Insurance Company. Allrights reserved. Page 10f 1 | 2 |
Allianz Policy Territory Limitation Coverage B 178786 10 03 Policy Amendment Umbrella Policy SECTION II. UMBRELLA LIABILITY COVERAGEB A. COVERAGE B INSURING AGREEMENT subsection 4 is replaced by the following 4. Coverage B applies to injury or damage that takes place within the United States of America including its territories and possessions Puerto Rico and Canada. Al other terms and conditions of the policy remain unchanged. 178786 1003 Copyright 2003 Allianz Global Risks US Insurance Company. Allrights reserved. Page 10f 1 | 2 |
Allianz Claims Made Coverage Amendment and Exclusion 178829 10 03 Policy Amendment Umbrella Policy COVERAGE PROVIDED BY THIS ENDORSEMENT APPLIES ON A CLAIMS MADE BASIS. PLEASE READ THE ENTIRE ENDORSEMENT CAREFULLY A 1. Claims Made Coverage Coverage A Solely with respect to Coverage A of this policy in excess of Primary Insurance which applies on the basis of Claims Made we adopt the terms of Primary Insurance with respect to what must occur after the Primary Insurance Retroactive Date if any in order for coverage to apply. However we do not adopt terms for any a. Primary Insurance Retroactive Date if any and b. Primary Insurance inception and termination dates. 2. All of the following apply with respect to the above a. SECTION I. EXCESS LIABILITY COVERAGE A A. COVERAGE A INSURING AGREEMENT sub section 1.b. does not apply with respect to coverage in excess of Claims Made basis Primary In surance and b. Our Coverage A Retroactive Date for Claims Made coverage provided by this endorsement is and c. For Coverage A to apply the claim must be first made during our Policy Period as well as during the Primary Insurance policy period. As used in 2.b. above the term Retroactive Date means the date that is the earliest date on which the wrongful act error or omission may first take place for coverage to apply. The Retroactive Date required to complete this form if not shown above will be shown in the Declarations. Limits of Insurance Amendment Coverage A Subject to our Limits of Insurance the most we will pay under Coverage A of this policy for coverage under A. above is Each Claim or Wrongful Act or the term that is used to determine the exhaustion of the limit of insurance in Primary Insurance Aggregate These Limits of Insurance are included within and are not in addition to the Each Occurrence Limit of Insurance and the Aggregate Limit of Insurance shown in our Declarations. The amended Limits of Insurance to complete this form if not shown above will be shown in the Declarations. Notice of Claim Coverage A Notwithstanding anything to the contrary contained in this policy notice of an Occurrence is not notice of a claim under that part of Coverage A which provides coverage on the basis of Claims Made pursuant to this endorsement. All conditions of such Primary Insurance that require you to provide Primary Insurers with notice of claims or Suits also apply separately and distinctly to us with respect to any claim or Suit which may reasonably be expected to result in a claim against this policy. You must give such notice to us on the same basis that you are to give notice to such Primary Insurer. Extended Reporting Period Coverage A If a Primary Policy provides coverage for claims made under an Extended Reporting Period then Coverage A of this policy will provide an Extended Reporting Period in the same manner subject to all of the following 178829 1003 Copyright 2003 Allianz Giobal Risks US Insurance Company. Allrights reserved. Page 10f2 | 2 |
Allianz 1. Our Extended Reporting Period under Coverage A of this policy will not reinstate or increase the Limits of Insurance of this policy or extend our Policy Period. 2. Our Extended Reporting Period will not be longer than twelve 12 months unless we expressly agree in writing at the time the Extended Reporting Period becomes effective. 3. If the Primary Policy requires you to make a written request in order for its Extended Reporting Period to apply to their policy then a. We must also receive a written request from you for an Extended Reporting Period for our policy no later than sixty 60 days after the termination date of this policy. b. If our Extended Reporting Period is for a period of more than sixty 60 days you must promptly pay us any additional premium we require. The premium for our Extended Reporting Period will not exceed 200 of the annual premium of this policy if the Extended Reporting Period is for no more than a twelve 12 month period and will be deemed fully earned at the inception of the Extended Reporting Period. E. Wrongful Acts Policy Exclusion This policy does not apply to any liability arising out of any criminal malicious fraudulent intentional knowingly wrongful or dishonest act or omission by any person or organization whether or not an Insured. This exclusion applies even if the claim or Suit alleges negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by any Insured. F. Contractual Liability Limitation This policy does not apply to any liability arising out of 1. Any Insured s obligation to pay damages by reason of any Insured s assumption of the liability of another person or organization in any contract or agreement for the rendering of or failure to render any professional service or 2. Any breach of any contract agreement warranty guarantee or representation. Al other terms and conditions of the policy remain unchanged. 178829 1003 Copyright 2003 Allianz Giobal Risks US Insurance Company. Allrights reserved. Page20f2 | 2 |
Allianz Fungi or Bacteria Exclusion 178950 04 02 Policy Amendment Umbrella Policy Excess Liability Policy The policy does not apply to A. Any claims or liability arising in whole or in part out of resulting from caused by or in any way related to fungi or bacteria or B. The cost to test for monitor abate mitigate remove dispose of or remediate fungi or bacteria. This exclusion applies regardless of any other cause event material product or building component that contributed concurrently or in any sequence to such liability. However this exclusion does not apply to bacteria that is is on or contained in a good or product intended for human ingestion. Fungi is defined to include but is not limited to fungus mildew mold or resulting spores and byproducts including mycotoxins or allergens. However fungi does not include fungi intended for human ingestion. Al other terms and conditions of the policy remain unchanged. 178950 04 02 Copyright 2002 Allianz Global Risks US Insurance Company. Allrights reserved. Page 10f 1 | 2 |
Allianz Exclusion of Other Acts of Terrorism Committed Outside the United States 178980 01 15 Policy Amendment Umbrella Policy Excess Liability Policy A. The policy does not apply to any liability arising directly or indirectly out of any other act of terrorism that is committed outside of the United States including its territories and possessions and Puerto Rico but within the coverage territory. However this exclusion applies only when one or more of the following are attributed to such act 1. The total of insured damage to all types of property exceeds 25000000 valued in US dollars. In determining whether the 25000000 threshold is exceeded we will include all insured damage sustained by property of all persons and entities affected by the terrorism and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions or 2. Fifty or more persons sustain death or serious physical injury. For the purposes of this provision serious physical injury means a. Physical injury that involves a substantial risk of death or b. Protracted and obvious physical disfigurement or c. Protracted loss of or impairment of the function of a bodily member or organ or 3. The terrorism involves the use release or escape of nuclear materials or directly or indirectly results in nuclear reaction or radiation or radioactive contamination or 4. The terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials or 5. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials. With respect to this exclusion Paragraphs 1. and 2. describe the thresholds used to measure the magnitude of an incident of an other act of terrorism and the circumstances in which the threshold will apply for the purpose of determining whether this exclusion will apply to that incident. B. As used in this endorsement Other act of terrorism means a violent act or an act that is dangerous to human life property or infrastructure that is committed by an individual or individuals and that appears to be part of an effort to coerce a civilian population or to influence the policy or affect the conduct of any government by coercion and the act is not certified as a terrorist act pursuant to the Terrorism Risk Insurance Act as amended. Multiple incidents of an other act of terrorism which occur within a seventy two hour period and appear to be carried out in concert or to have a related purpose or common leadership shall be considered to be one incident. C. The terms and limitations of any terrorism exclusion or the inapplicability or omission of a terrorism exclusion do not serve to create coverage for any loss or damage which would otherwise be excluded under this Coverage Part or Policy. Al other terms and conditions of the policy remain unchanged. 178980 01 15 Copyright 2015 Allianz Global Risks US Insurance Company. Allrights reserved. Includes copyrighted materialof Insurance Services Offce Inc. wih its permission. Page 10f 1 | 2 |
Allianz Coverage for Certified Acts of Terrorism 178993 01 15 Policy Amendment Umbrella Policy A B. C. Coverage A of this policy will apply with respect to a certified act of terrorism. Coverage B of this policy does not apply to any liability arising directly or indirectly out of any certified act of terrorism. As used in this endorsement certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act as amended to be an act of terrorism pursuant to such Act as amended. The criteria contained in the Terrorism Risk Insurance Act as amended for a certified act of terrorism include 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. Al other terms and conditions of the policy remain unchanged. 178993 01 15 Copyright 2015 Allianz Giobal Risks US Insurance Company. Allrights reserved. Includes copyrighted materialof Insurance Services Offce Inc. wih its permission. Page 10f 1 | 2 |
Allianz Additional Policy Provisions 179020 04 13 Policy Amendment Umbrella Policy Unless otherwise amended by any other endorsement to this policy issued on or after the date this endorsement is added this policy is amended as follows A. SECTION Il. UMBRELLA LIABILITY COVERAGE B C. COVERAGE B EXCLUSIONS 2. PERSONAL AND ADVERTISING INJURY subsection b. c. and h. are replaced by the following b. Arising out of oral or written publication in any manner of material if done by or at the direction of the Insured with knowledge of its falsity. c. Arising out of oral or written publication in any manner of material whose first publication took place before the beginning of the Policy Period. h. Arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. Under this exclusion such other intellectual property rights do not include the use of another s advertising idea in your Advertisement. However this exclusion does not apply to infringement in your Advertisement of copyright trade dress or slogan. B. SECTION I. EXCESS LIABILITY COVERAGE A C. COVERAGE A EXCLUSIONS 4. POLLUTION subsection 6 is replaced by the following 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 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. C. SECTION I. EXCESS LIABILITY COVERAGE A C. COVERAGE A EXCLUSIONS 5. EMPLOYMENT PRACTICES and SECTION Il. UMBRELLA LIABILITY COVERAGE B C. COVERAGE B EXCLUSIONS 7. EMPLOYMENT PRACTICES are replaced by the following EMPLOYMENT PRACTICES a. To any liability arising out of any employment related or personnel practices policies acts or omissions. This includes but is not limited to 1 Refusal to employ 2 Termination of employment 3 Coercion criticism demotion failure to promote evaluation reassignment discipline defamation self defamation harassment humiliation discrimination libel slander false arrest or imprisonment violation of a person s right of privacy or malicious prosecution or 4 Any consequential injury or damages as a result of 1 2 or 3 above. b. This exclusion applies 1 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 whether such injury causing event occurs before employment during employment or after employment 2 Whether any Insured may be held liable as an employer or in any other capacity either directly or indirectly related to employment and 3 To any obligation to share damages with or repay someone else who must pay damages because of such injury or liability. D. The following is added to SECTION II. UMBRELLA LIABILITY COVERAGE B C. COVERAGE B EX CLUSIONS 179020 04 13 Copyright 2013 Allianz Global Risks US Insurance Company. Allrights reserved. Page 10f2 | 2 |
Allianz ELECTRONIC DATA To damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. E. SECTION Ill. SUPPLEMENTARY PAYMENTS subsection 1. is replaced by the following 1. Costs taxed against any Insured in the Suit. However these payments do not include attorneys fees or attorneys expenses taxed against the Insured. F. SECTION VI. DEFINITIONS C. AUTO is replaced by the following C. AUTO under Coverage B means 1. A land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or 2. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However Auto does not include Mobile Equipment. G. SECTION VI. DEFINITIONS I. INSURED CONTRACT subsection 6. is replaced by the following 6. That part of any contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another to pay for Bodily Injury Personal and Advertising Injury or Property Damage to a third person or organization provided injury or 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 agreement. This subsection 6. does not include that part of any contract or agreement a. Thatindemnifies a railroad for liability arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks roadbeds tunnel underpass or crossing b. That indemnifies an architect engineer or surveyor for injury or damage arising out of 1 Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or 2 Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or c. 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 b. above and supervisory inspection architectural or engineering activities. H. The following is added to SECTION VI. DEFINITIONS J. MOBILE EQUIPMENT However Mobile Equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered Autos. Al other terms and conditions of the policy remain unchanged. 179020 04 13 Copyright 2013 Allianz Global Risks US Insurance Company. Allrights reserved. Page20f2 | 2 |
Allianz Defense Expenses Amendment 179021 06 06 Policy Amendment Umbrella Policy Excess Liability Policy With respect to defense expenses incurred under this policy If we initially defend an Insured or pay for an Insured s defense but later determine that the claim is not covered under this policy we will have the right to reimbursement for the defense expenses we have incurred. The right to reimbursement for the defense expenses under this provision will only apply to defense expenses we have incurred after we notify you in writing that there may not be coverage and that we are reserving our rights to terminate the defense and seek reimbursement for defense expenses. Al other terms and conditions of the policy remain unchanged. 179021 06 06 Copyright 2006 Allianz Global Risks US Insurance Company. Allrights reserved. Page 10f 1 | 2 |
Allianz Violation of Statutes Exclusion E Mails Fax Phone Calls or Other Methods of Recording or Distribution of Material or Information 179033 05 09 Policy Amendment Umbrella Policy Excess Liability Policy The policy does not apply to any liability arising directly or indirectly out of any action or omission that violates or is alleged to violate A B. C. D. The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law or The CAN SPAM Act of 2003 including any amendment of or addition to such law or The Fair Credit Reporting Act FCRA and any amendment of our addition to such law including the Fair and Accurate Credit Transaction Act FACTA or 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. Al other terms and conditions of the policy remain unchanged. 179033 05 09 Copyright 2009 Allianz Giobal Risks US Insurance Company. Allrights reserved. Page 10f 1 | 2 |
Allianz Access or Disclosure of Confidential or Personal Information and Data Related Exclusion With Limited Bodily Injury Exception 179086 05 14 Policy Amendment Umbrella Policy Excess Liability Policy This policy does not apply to any liability arising out of A. Access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information or B. The loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of that which is described above. However unless A. above applies this exclusion does not apply to damages arising of bodily injury as defined by underlying insurance. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. Al other terms and conditions of the policy remain unchanged. 179086 05 14 Copyright 2014 Allianz Global Risks US Insurance Company. Allrights reserved. Page 10f 1 | 2 |
About Allianz Your insurance company s partof the Allianz Group an organization with a125 year history of partnering with clients and delivering exceptional insurance products around the world. Allanzis the world s largest property casualty insurance company by revenue and has one of the strongest financial rtings of the leading global property casualty insurers. The strength ofts financial ratings and quality ofis people make Allanz the insurer of choice for thousands of mid size businesses and the majority of Global Fortune 500 companies. Allanzisalso ranked one of the world s most admired companies by Fortune and one of the top 100 global brands by Interbrand. agesallianz.com 00030415 | 2 |
Z ZURICH Important Notice In Witness Clause In return for the payment of premium and subject to the terms of this policy coverage is provided as stated in this policy. IN WITNESS WHEREOF this Company has executed and attested these presents and where required by law has caused this policy to be countersigned by its duly Authorized Representatives. President Corporate Secretary QUESTIONS ABOUT YOUR INSURANCE Your agent or broker is best equipped to provide information about your insurance. Should you require additional information or assistance in resolving a complaint call or write to the following please have your policy or claim number ready Zurich in North America Customer Inquiry Center 1299 Zurich Way Schaumburg lllinois 60196 1056 1 800 382 2150 Business Hours 8 a.m. 4 p.m. CT Email info.sourcezurichna.com WUESTIUNS ABUUT TUUR INOURANLEY Your agent Oor broker IS best equipped 1o provide information about your insurance. Should you require additional information or assistance in resolving a complaint call or write to the following please have your policy or claim number ready Zurich in North America Customer Inquiry Center 1299 Zurich Way Schaumburg lllinois 60196 1056 1 800 382 2150 Buslness Hours 8 a.m. 4 p.m. CT U GU319 F CW 0109 Page 1 of 1 | 2 |
Z ZURICH Insured Name HAWAIIUSA FEDERAL CREDIT UNION Policy Number AUC 0442115 04 Effective Date 02012021 THIS DISCLOSURE IS ATTACHED TO AND MADE PART OF YOUR POLICY. DISCLOSURE OF IMPORTANT INFORMATION RELATING TO TERRORISM RISK INSURANCE ACT SCHEDULE Premium attributable to risk of loss from certified acts of terrorism for lines of insurance subject to TRIA 140 Any information required to complete this Schedule if not shown above will be shown in the Declarations. A o Disclosure of Premium In accordance with the federal Terrorism Risk Insurance Act TRIA as amended we are required to provide you with a notice disclosing the portion of your premium if any attributable to the risk of loss from terrorist acts certified under that Act for lines subject to TRIA. That portion of premium attributable is shown in the Schedule above. The premium shown in the Schedule above is subject to adjustment upon premium audit if applicable.. Disclosure of Federal Participation in Payment of Terrorism Losses You should know that where coverage is provided by this policy for losses resulting from certified acts of terrorism the United States Government may pay up to 80 of insured losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. Disclosure of 100 Billion Cap on All Insurer and Federal Obligations If aggregate insured losses attributable to terrorist acts certified under TRIA exceed 100 billion in a calendar year January 1 through December 31 and an insurer has met its deductible under the program that insurer shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of Treasury.. Availability As required by TRIA we have made available to you for lines subject to TRIA coverage for losses resulting from acts of terrorism certified under TRIA with terms amounts and limitations that do not differ materially from those for losses arising from events other than acts of terrorism. Definition of Act of Terrorism under TRIA TRIA defines act of terrorism as any act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act TRIA to be an act of terrorism. The Terrorism Risk Insurance Act provides that the Secretary of Treasury shall certify an act of terrorism 1. To be an act of terrorism 2. To be a violent act or an act that is dangerous to human life property or infrastructure 3. To have resulted in damage within the United States or outside of the United States in the case of an air carrier as defined in section 40102 of Title 49 United States Code or a United States flag vessel or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States or the premises of a United States mission and Copyright 2020 Zurich American Insurance Company Includes copyrighted material of Insurance Services Office Inc. with its permission. U GU630 E CW 0120 Page 1 of 2 | 2 |
4. To have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. No act may be certified as an act of terrorism if the act is committed as part of the course of a war declared by Congress except for workers compensation or if losses resulting from the act in the aggregate for insurance subject to TRIA do not exceed 5000000. Copyright 2020 Zurich American Insurance Company Includes copyrighted material of Insurance Services Office Inc. with its permission. U GU630 E CW 0120 Page20f 2 | 2 |
Z ZURICH Disclosure Statement It is our pleasure to present the enclosed policy to you for presentation to your customer. INSTRUCTION TO AGENT OR BROKER WE REQUIRE THAT YOU TRANSMIT THE ATTACHED ENCLOSED DISCLOSURE STATEMENT TO THE CUSTOMER WITH THE POLICY. Once again thank you for your interest and we look forward to meeting your needs and those of your customers. U GU873 A CW 0611 Page1 of 1 | 2 |
Z ZURICH Disclosure Statement NOTICE OF DISCLOSURE FOR AGENT BROKER COMPENSATION If you want to learn more about the compensation Zurich pays agents and brokers visit httpwww.zurichnaproducercompensation.com or call the following toll free number 866 903 1192. This Notice is provided on behalf of Zurich American Insurance Company and its underwriting subsidiaries. U GU874 A CW 0611 Page1 of 1 | 2 |
ZURICH Commercial Umbrella Liability Policy ZURIC Declarations Insurance is provided by the company below. Policy Number 1. Named Insured Mailing Address Email Address Policy Period Limits of Insurance Retained Limit American Guarantee and Liability Insurance Company AUC 0442115 04 Renewal of Number AUC 0442115 03 HAWAIIUSA FEDERAL CREDIT Producer LOCKTON COMPANIES LLC UNION 1226 COLLEGE WALK 444 W 47TH ST STE 900 HONOLULU HI 96817 KANSAS CITY MO 64112 190 cmarshlockton.com From 02012021 To 02012022 at 1201 A.M. Standard Time at the address of the Named Insured. A. 10000000 Occurrence B. 10000000 Other Aggregate C. 10000000 Products Completed Operations Aggregate D. 250000 Casualty Business Crisis Aggregate Limit 0 Occurrence 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 cmarshlockton.com Retained Limit 0 Occurrence Policy Premium Advance Premium 14140 Policy Minimum Earned Premium 3535 Schedule of Underlying Insurance See attached Schedule of Underlying Insurance Endorsements Attached See attached Schedule of Forms and Endorsements U UMB D101 C CW 0310 Page 1 of 1 | 2 |
ZURICH Schedule of Forms and Endorsements Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Addl Prem. Return Prem. AUC 0442115 04 02012021 02012022 02012021 37385000 Named Insured and Mailing Address Producer HAWAIIUSA FEDERAL CREDIT UNION 1226 COLLEGE WALK HONOLULU HI 96817 LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 Form Name Form Number Edition Date Important Notice In Witness Clause U GU319 F CW 0109 Disclosure of Important Information Relating to Terrorism U GU630 E CW 0120 Risk Insurance Act Commercial Umbrella Liability Policy Declarations U UMB D101 C CW 0310 Schedule of Underlying Insurance U UMB105 A CW 0799 Commercial Umbrella Liability Policy U UMB103 C CW 0310 Certified Act of Terrorism Retained Amount Coverage B U UMB406 D CW 0115 Auto Leasing Exclusion U UMB119 A CW 0799 Care Custody Or Control Exclusion U UMB129 B CW 0703 Cross Suits Exclusion U UMB141 A CW 0799 Directors And Officers Exclusion U UMB158 A CW 0799 Employee Benefits Liability Follow Form U UMB167 B CW 0703 Fiduciary Liability Exclusion U UMB178 B CW 0703 Financial Institutions Exclusion U UMB181 B CW 0703 Lead Exclusion U UMB193 A CW 0799 Professional Liability Exclusion U UMB228 C CW 0310 SEC Exclusion U UMB243 A CW 0799 Fungus or Bacteria Exclusion U UMB385 B CW 0703 Named Insured Definition Coverage B U UMB427 B CW 0310 Financial Professional Services Exclusion U UMB428 A CW 0703 U UMB D101 C CW U UMB105 A CW U UMB103 C CW U UMB406 D CW U UMB119 A CW U UMB129 B CW U UMB141 A CW U UMB158 A CW U UMB167 B CW U UMB178 B CW U UMB181 B CW U UMB193 A CW U UMB228 C CW U UMB243 A CW U UMB385 B CW U UMB427 B CW U UMB428 A CW 0310 0799 0310 0115 0799 0703 0799 0799 0703 0703 0703 0799 0310 0799 0703 0310 0703 U UMB104 A CW 0799 Page 1 of 2 | 2 |
Silica or Silica Mixed Dust Exclusion Total Pollution Exclusion with A Hostile Fire Exception Sanctions Exclusion Endorsement Exclusion Collection or Distribution of Material or Information in Violation of Law Cap on Losses From Certified Acts of Terrorism U UMB488 A CW U UMB664 A CW U GU1191 A CW U UMB525 E CW 0604 0310 0315 0112 U GU767 B CW 0115 U UMB104 A CW 0799 Page20f 2 | 2 |
ZURICH Schedule of Underlying Insurance Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Addl Prem. Return Prem. AUC 0442115 04 02012021 02012022 02012021 37385000 Named Insured and Mailing Address Producer HAWAIIUSA FEDERAL CREDIT UNION 1226 COLLEGE WALK HONOLULU HI 96817 LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 Company Policy No. and Term Coverage Applicable Limits A. Company AMERICAN ZURICH INSURANCE COMPANY Policy No GLA0442116 04 Term 02012021 to 02012022 Commercial General Liability Including Employee Benefits 1000000 Premises Each Occurrence 1000000 Products Completed Ops Each Occurrence 2000000 Products Completed Operations Aggregate 2000000 General Aggregate Per Location Term Aggregate 20000000 1000000 Personal Injury Advertising Injury 1000000 Employee Benefits Each Claim 2000000 Employee Benefits General Aggregate Company Policy No. and Term Coverage Applicable Limits B. Company ZURICH AMERICAN INSURANCE COMPANY Policy No GLA0442116 04 Term 02012021 to 02012022 Commercial Auto Liability 1000000 Combined Single Limit Company Policy No. and Term Coverage Applicable Limits Term 02012021 to 02012022 Including Employee Benefits U UMB105 A CW 0799 Page 1 of 2 | 2 |
1000000 1000000 1000000 Bodily Injury By Accident Each Accident Bodily Injury By Disease Each Employee Bodily Injury By Disease Policy Limit C. Company ZURICH AMERICAN INSURANCE COMPANY Policy No WC0442117 04 Employers Liability Term 02012021 to 02012022 U UMB105 A CW 0799 Page20f 2 | 2 |
ZURICH Commercial Umbrella Liability Policy Zurich North America Insurance is provided by the company designated on the Declarations of this policy. U UMB100 B CW 0703 Page 1 of 1 | 2 |
ZURICH Commercial Umbrella Liability Policy There are provisions in this policy that restrict coverage. Read the entire policy carefully to determine your rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a hamed insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such in SECTION V. DEFINITIONS of this policy. Words and phrases that are printed in bold face type are defined in this policy. These definitions are found in SECTION V. DEFINITIONS of this policy or in the specific policy provision where they appear. In consideration of the payment of the premium and in reliance upon the statements in the Declarations and in accordance with the provisions of this policy we agree with you to provide coverage as follows Insuring Agreements CECTIAN CNVERDACD bbbt A SECTIONI. COVERAGE A Coverage A Excess Follow Form Liability Insurance Under Coverage A we will pay on behalf of the insured those damages covered by this insurance in excess of the total applicable limits of underlying insurance. With respect to Coverage A this policy includes 1. The terms and conditions of underlying insurance to the extent such terms and conditions are not inconsistent or do not conflict with the terms and conditions referred to in Paragraph 2. below and 2. The terms and conditions that apply to Coverage A of this policy. Notwithstanding anything to the contrary contained above if underlying insurance does not apply to damages for reasons other than exhaustion of applicable Limits of Insurance by payment of loss then Coverage A does not apply to such damages. Also Coverage A does not apply to any form of casualty business crisis expense insurance even if such insurance is afforded under underlying insurance or would have been afforded except for the exhaustion of the Limits of Insurance of underlying insurance. Coverage B Umbrella Liability Insurance Under Coverage B we will pay on behalf of the insured those damages the insured becomes legally obligated to pay by reason of liability 1. Imposed by law because of bodily injury property damage or personal and advertising injury or 2. Assumed under an insured contract because of bodily injury or property damage covered by this insurance but only if the injury damage or offense arises out of your business takes place during the policy period of this policy and is caused by an occurrence happening anywhere. We will pay such damages in excess of the Retained Limit specified in Item 5. of the Declarations or the amount payable by other insurance whichever is greater. Coverage B does not apply to any loss claim or suit for which insurance is afforded under underlying insurance or would have been afforded except for the exhaustion of the Limits of Insurance of underlying insurance. The amount we will pay for loss under Coverage A or Coverage B is limited as described in SECTION Il LIMITS OF INSURANCE. We have no obligation under Coverage A andor Coverage B with respect to any settlement made without our consent. The insurance afforded under Coverage A and Coverage B applies to bodily injury or property damage only if prior to the policy period no designated insured knew that the bodily injury or property damage had occurred in whole or in part. If such a designated insured knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. U UMB103 C CW 0310 Page 1 of 19 | 0 |
Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any designated insured includes any continuation change or resumption of that bodily injury or property damage after the policy period and Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any designated insured 1. Reports all or any part of the bodily injury or property damage to us or any other insurer 2. Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3. Becomes aware by any other means that bodily injury or property damage has occurred or has begun to oceur. Coverage C Casualty Business Crisis Expense Under Coverage C we will pay for casualty business crisis expense regardless of fault arising from a casualty business crisis first commencing during the policy period. No underlying insurance or Retained Limit applies to Coverage C. Subject to the other terms and conditions of this coverage we shall pay casualty business crisis expense from the first dollar of such expense. The amount we will pay for casualty business crisis expense under Coverage C is limited as described in SECTION II. LIMITS OF INSURANCE. Any amounts that we pay under Coverage C will not obligate us in any way under Coverage A or Coverage B. SECTION Il LIMITS OF INSURANCE A With respect to Coverage A and Coverage B the Limits of Insurance shown in the Declarations and the rules below describe the most we will pay regardless of the number of 1. Insureds 2. Claims made or suits brought 3. Coverages provided under this policy or 4. Persons or organizations making claims or bringing suits. The Limits of Insurance of this policy will apply as follows 1. The limit stated in Item 4.B. of the Declarations for the Other Aggregate is the most we will pay for all loss under Coverage A and Coverage B combined except for a. Loss covered under the products completed operations hazard and b. Loss covered in underlying insurance to which no underlying aggregate limit applies. In addition with respect to Coverage A only if a policy listed on the Schedule of Underlying Insurance contains aggregate limits other than an aggregate limit applying to the products completed operations hazard the Other Aggregate limit stated in Item 4.B. of the Declarations will apply in the same manner as such other aggregate limits of each policy listed in the Schedule of Underlying Insurance. 2. The limit stated in Item 4.C. of the Declarations for the Products Completed Operations Aggregate is the most we will pay for all loss under both Coverage A and Coverage B combined as a result of bodily injury or property damage included within the products completed operations hazard. 3. Subject to Paragraph B.1. or B.2. above whichever applies the limit stated in Item 4.A. of the Declarations for Occurrence is the most we will pay for all loss arising out of any one occurrence even if such loss is covered in whole or in part under both Coverage A and Coverage B. Coverage A applies only in excess of the greater of the actual Limits of Insurance of underlying insurance or the Limits of Insurance shown on the Schedule of Underlying Insurance forming a part of this policy. With respect to Coverage C the limit stated as the Casualty Business Crisis Expense Aggregate Limit in Item 4.D. of the Declarations is the most we will pay for all casualty business crisis expense first commencing during the policy period. This limit is in addition to and casualty business crisis expense does not reduce or exhaust any other Limit of Insurance applicable to this policy. U UMB103 C CW 0310 Page 2 of 19 | 1 |
The Limits of Insurance of this policy apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the preceding period for purposes of determining the Limits of Insurance. With respect to Coverage A only and subject to paragraphs B.1. B.2. B.3. and C. above 1. If the limits of underlying insurance have been reduced solely by payment of loss for which coverage is afforded under this policy this policy will drop down to become immediately excess of the reduced underlying limit or 2. If the limits of underlying insurance have been exhausted solely by payment of loss for which coverage is afforded under this policy this policy will continue in force as underlying insurance. SECTION lll. DEFENSE AND SUPPLEMENTARY PAYMENTS A D. We have the right and duty to assume control of the investigation and settlement of any claim or defense of any suit against the insured for damages covered by this policy 1. Under Coverage A when the applicable limit of underlying insurance and other insurance has been exhausted by payment of loss for which coverage is afforded under this policy or 2. Under Coverage B when damages are sought for bodily injury property damage or personal and advertising injury to which no underlying insurance or other insurance applies. Under Coverage C we do not assume any duty to control the investigation and settlement of any claim or defense of any suit that may arise from a covered casualty business crisis. In those circumstances where paragraph A. above applies we will pay our expenses and the following to the extent that they are not included in underlying insurance 1. Up to 2000 for the cost of bail bonds. We do not have to furnish these bonds. 2. The cost of bonds to release attachments but only for bond amounts within the amount of insurance available. We do not have to furnish these bonds. 3. Reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings because of time off from work. 4. Al court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured. 5. Pre judgment interest awarded against the insured on that part of the judgment we pay. However if we make an offer to pay the applicable Limit of Insurance we will not pay any pre judgment interest based on that period of time after the offer. 6. Allinterest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court that part of the judgment that is within the applicable Limits of Insurance. When our expenses and the payments described in paragraph C. above are not included in the definition of loss they will not reduce the Limits of Insurance. In those circumstances where paragraph A. above does not apply we do not have the duty to assume control of the investigation and settlement of any claim or defense of any suit against the insured. We do however have the right to participate in the investigation and settlement of any claim or defense of any suit that we feel may create liability on our part under the terms of this policy. If we exercise this right we will do so at our expense. We will not investigate and settle any claim or defend any suit after we have exhausted the applicable Limit of Insurance as stated in Item 4. of the Declarations. If we are prevented by law from carrying out the provisions of Section lll. Paragraph A. above we will pay any expense incurred with our consent. SECTION IV. EXCLUSIONS A Under Coverage A and Coverage B this policy does not apply to any liability damage loss cost or expense ASBESTOS 1. Arising out of or relating in any way to U UMB103 C CW 0310 Page 3 of 19 | 1 |
a. Asbestos or which would not have occurred in whole or in part but for the actual alleged or threatened discharge dispersal release leakage leaching friability flaking escape or presence of asbestos regardless of whether any other cause event material or product contributed concurrently or in any sequence to the injury or damage or b. Any 1 Request demand order statutory or regulatory requirement direction or determination that any insured or others test for investigate monitor clean up remove study contain treat encapsulate control or take any other action regarding asbestos or 2 Claim or suit for damages arising out of or relating in any way to any request demand order statutory or regulatory requirement direction or determination than any insured or others test for investigate monitor clean up remove study contain treat encapsulate control or take any other action regarding asbestos. EMPLOYMENT PRACTICES 2. Arising out of any bodily injury or personal and advertising injury to a. A person arising out of any 1 Failure to employ or promote that person 2 Termination of that person s employment including actual or alleged constructive dismissal 3 Employment related practices policies acts or omissions including but not limited to injury arising from coercion demotion evaluation reassignment discipline defamation harassment molestation humiliation retaliation hostile work environment discrimination or malicious prosecution directed at that person or b. The spouse domestic partner child parent brother or sister of that person as a consequence of any bodily injury or personal and advertising injury to that person at whom any of the employment related practices described in subparagraphs 1 2 or 3 above is directed. This exclusion applies a. Whether the injury causing event described in paragraph 2.a. above occurs before employment during employment or after employment of that person b. Whether the insured may be held liable as an employer or in any other capacity or c. To any obligation to share damages with or repay someone who must pay damages because of the injury. LAWS MISCELLANEOUS 3. Under any of the following a. Any uninsured underinsured motorist or auto no fault or first party personal injury law b. Any workers compensation unemployment compensation or disability benefits law or any similar law or. The Employees Retirement Income Security Act E.R.I.S.A. of 1974 as now or hereafter amended. LOSS OF OR LOSS OF USE OF INTANGIBLE PROPERTY 4. Arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate or process intangible property. For purposes of this insurance electronic data is intangible property. NUCLEAR 5. a. With respect to which any insured under this policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its Limits of Insurance or b. Resulting from the hazardous properties of nuclear material and with respect to which 1 A person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or U UMB103 C CW 0310 Page 4 of 19 | 1 |
2 Any insured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization or. Any injury or nuclear property damage resulting from the hazardous properties of nuclear material if 1 The nuclear material a Is at any nuclear facility owned by or operated by or on behalf of any insured b Has been discharged or dispersed therefrom 2 The nuclear material is contained in spent fuel or waste at any time possessed handled used processed stored transported or disposed of by or on behalf of any insured or 3 The injury or nuclear property damage arises out of the furnishing by any insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this subparagraph 3 applies only to nuclear property damage to such nuclear facility and any property thereat. As used in this exclusion a. Hazardous properties include radioactive toxic or explosive properties. b. Nuclear Facility means 1 Any nuclear reactor 2 Any equipment or device designed or used for a Separating the isotopes of uranium or plutonium b Processing or utilizing spent fuel or c Handling processing or packaging waste 3 Any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of any insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 or 4 Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. c. Nuclear material means source material special nuclear material or by product material. Nuclear property damage includes all forms of radioactive contamination of property. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. f. Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. d. Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor. h. Waste means any waste material 1 Containing by product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content and 2 Resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility. VIOLATION OF STATUTES 6. Resulting from or arising directly or indirectly out of any action or omission that violates or is alleged to violate a. The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law U UMB103 C CW 0310 Page 5 of 19 | 1 |
The CAN SPAM Act of 2003 including any amendment of or addition to such law The Fair Credit Reporting Act FCRA and any amendment or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or d. Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. WAR AND MILITARY ACTION 7. Arising directly or indirectly out of a. War including undeclared or civil war b. Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or c. Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these regardless of any other cause or event that contributes concurrently or in any sequence to injury or damage. B. Under Coverage A this policy does not apply to any liability damage loss cost or expense POLLUTION 1. Arising directly or indirectly out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a. At or from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does not apply to 1 Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests 2 Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to underlying insurance as an additional insured with respect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or 3 Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire At or from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste Which are or were at any time transported handled stored treated disposed of or processed as waste by or for any insured or any person or organization for whom you maybe legally responsible or At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. However this subparagraph does not apply to 1 Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operation fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor 2 Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor U UMB103 C CW 0310 Page 6 of 19 | 1 |
2. 3 Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. That are or that are contained in any property that is 1 Being transported or towed by handled or handled for movement into onto or from any auto for which coverage is provided by underlying insurance 2 Otherwise in the course of transit by or on behalf of any insured or 3 Being stored disposed of treated or processed in or upon any auto. However this subparagraph f. does not apply to bodily injury or property damage arising out of i The escape of fuels lubricants other operating fluids exhaust gases or other similar pollutants that are needed for or result from the normal electrical hydraulic or mechanical functioning of a covered auto or i The escape of pollutants from a covered auto that directly results from the collision upset or overturn of such auto while in the course of transit away from any premises owned by or rented to any insured. Arising out of any a. Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or Claim or suit brought by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. Under Coverage B this policy does not apply to AIRCRAFT AUTOS OR WATERCRAFT 1. 2. 3. Any liability damage loss cost or expense arising out of the ownership maintenance operation use loading or unloading or entrustment to others of any a. b. C. Aircraft owned by you or rented loaned or chartered by or on behalf of you without crew Auto or Watercraft owned by you except watercraft while ashore on premises you own or rent. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured. EMPLOYEE INJURY Any injury to a. b. An employee of the insured arising out of and in the course of 1 Employment by the insured or 2 Performing duties related to the conduct of the insured s business or Any injury to the spouse domestic partner child parent brother or sister of that employee as a consequence of exclusion 2.a. above. This exclusion applies whether the insured may be liable as an employer or in any other capacity or to any obligation to share damages with or repay someone else who must pay damages because of an injury. IMPAIRED PROPERTY Property damage to impaired property or property that has not been physically injured arising out of a. A defect deficiency inadequacy or dangerous condition in your product or your work or U UMB103 C CW 0310 Page 7 of 19 | 1 |
b. A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. INTENTIONAL INJURY 4. Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. PERSONAL and ADVERTISING INJURY 5. Personal and advertising injury a. Caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury b. Arising out of oral or written publication of material if done by or at the direction of the insured with knowledge of its falsity. Arising out of oral or written publication of material whose first publication took place before the beginning of the policy period Arising out of a criminal act committed by or at the direction of any insured For which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement f. Arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement g Arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement h. Arising out of the wrong description of the price of goods products or services stated in your advertisement i. Arising out of the infringement of copyright patent trademark trade secret trade dress slogan or other intellectual property rights. However this exclusion does not apply to infringement of copyright trade dress or slogan in your advertisement j Committed by an insured whose business is 1 Advertising broadcasting publishing electronic publishing or telecasting 2 Designing or determining content of web sites for others or 3 An Internet search access or content provider. However this exclusion 5.j. does not apply to sub paragraphs C. 12. a. b. c. and h. of personal and advertising injury under SECTION V. DEFINITIONS. For purposes of this exclusion 5.. the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting k. Arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control or I. Arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. POLLUTION 6. Any liability damage loss cost or expense a. Arising directly or indirectly out of the actual alleged or threatened existence discharge seepage migration dispersal release or escape of pollutants or b. Arising out of any U UMB103 C CW 0310 Page 8 of 19 | 1 |
1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2 Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. PRODUCT RECALL 7. Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of a. Your product b. Your work or c. Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. PROPERTY DAMAGE 8. Property damage to a. Property you own rent or occupy including any costs or expenses incurred by you or any person or organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property Premises you sell give away or abandon if the property damage arises out of any part of those premises Property loaned to you Personal property in your care custody or control s a0 0w That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations f. That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it d. Your product arising out of it or any part of it or h. Your work arising out of it or any part of it and included in the products completed operations hazard. D. Under Coverage C this policy does not apply to any casualty business crisis arising out of based upon or attributable to PRIOR NOTICE 1. Facts alleged or to the same or related acts alleged or contained in any crisis claim or suit that has been reported or in any circumstances where notice has been given under any policy of which this policy or any underlying insurance is a renewal or replacement or PENDING OR PRIOR CRISIS CLAIM OR SUIT 2. Any pending or prior claim or suit as of the inception date of this policy. SECTION V. DEFINITIONS In this policy words and phrases appearing in bold face type have the definitions shown below. A. The following definitions are applicable to Coverage A Coverage B and Coverage C. 1. Designated insured means a. The persons and organizations specifically described under SECTION V. DEFINITIONS sub paragraphs C.6.a. through C.6.e. below for any insured or b. Any employee authorized by you to give or receive notice of an occurrence claim or suit. U UMB103 C CW 0310 Page 9 of 19 | 1 |
Electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. Loss means those sums actually paid that the insured is legally obligated to pay as damages for the settiement or satisfaction of a claim because of injury or offense after making proper deductions for all recoveries and salvage. However a. Under Coverage A 1 Loss also includes defense expenses and supplementary payments if underlying insurance includes defense expenses and supplementary payments in the Limits of Insurance and 2 Loss does not include defense expenses and supplementary payments if underlying insurance does not include defense expenses and supplementary payments in the Limits of Insurance. b. Under Coverage B. loss does not include defense expenses and supplementary payments. Other insurance means a policy of insurance providing coverage that this policy also provides. Other insurance includes any type of self insurance or other mechanisms by which an insured arranges for funding of legal liabilities. Other insurance does not include underlying insurance or a policy of insurance specifically purchased to be excess of this policy providing coverage that this policy also provides. Pollutants mean any man made or naturally occurring solid liquid gaseous or thermal irritant or contaminant including but not limited to smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. Suit means a civil proceeding in which injuries or damages to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit pursuant to law or contract or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. Underlying insurance means the policy or policies of insurance listed in the Schedule of Underlying Insurance forming a part of this policy. We will only be liable for amounts in excess of the Limits of Insurance shown in the Schedule of Underlying Insurance for any underlying insurance. The following definitions are applicable to Coverage A only 1. 2. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. Insured means a. You b. Any person or organization included as an insured in underlying insurance and c. Any person or organization qualifying as an additional insured in underlying insurance but only to the same extent that such person or organization is an additional insured under such underlying insurance. Non Admitted Jurisdiction means a. Any country or political subdivision in which we are not licensed or permitted to insure risks and where doing so would violate the insurance laws and regulations of such jurisdiction or b. Any country or political subdivision where we are prevented by law from investigating defending or settling an occurrence or suit. Occurrence means a covered event as defined in underlying insurance. Qualified Entity means any entity person or organization that is not an insured under this policy and would qualify as an insured under this policy but for the fact that the entity is registered domiciled or has ongoing operations in a non admitted jurisdiction. U UMB103 C CW 0310 Page 10 of 19 | 1 |
The following definitions are applicable to Coverage B only 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For purpose of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding websites only that part of a website that is about your goods products or services for the purpose of attracting customers or supporters is considered an advertisement. Auto means a. A land motor vehicle trailer or semi trailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. However auto does not include mobile equipment. Bodily injury means physical injury sickness or disease including death of a person. Bodily injury to such person also means mental anguish mental injury humiliation or shock if directly resulting from physical injury sickness or disease. Employee includes a leased worker. Employee does not include a temporary worker. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. Itincorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement If such property can be restored to use by a. The repair replacement adjustment or removal of your product or your work or b. Your fulfilling the terms of the contract or agreement. Insured means a. You if you are an organization shown in the Declarations other than a partnership joint venture or limited liability company. Your executive officers and directors are insureds but only with respect to their duties as your executive officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders b. You if you are a partnership or joint venture shown in the Declarations. Your members your partners and their spouses or domestic partners are also insureds but only with respect to the conduct of your business. Youand your spouse or domestic partner if you are an individual shown in the Declarations but only with respect to the conduct of a business of which you are the sole owner d. You if you are a limited liability company shown in the Declarations. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers e. You if you are a trust shown in the Declarations. Your trustees are also insureds but only with respect to their duties as trustees f. Your employees but only for acts within the scope of their employment by you d. Your volunteer workers but only while performing duties related to the conduct of your business h. Any person or organization while acting as your real estate manager or i. Your legal representative if you die but only with respect to duties as such. U UMB103 C CW 0310 Page 11 of 19 | 1 |
No person or organization is an insured with respect to the conduct of any current past or newly formed partnership limited liability company or joint venture that is not designated within the Declarations of this policy as Named Insured. Insured contract means any written or oral agreement entered into by the insured in the usual course of the business operations of the insured in which the insured assumes the tort liability of another to pay damages because of bodily injury or property damage to a third person or organization where the contract or agreement is made prior to the injury or damage. Liability means a liability that would be imposed by law in the absence of any contract or agreement. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers. e. Vehicles not described in a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers. f. Vehicles not described in a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but are considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on an auto or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. 10. Named insured means a. The persons and organizations designated in Item 1. of the Declarations of this policy b. Any organization other than a partnership joint venture or limited liability company over which you maintain majority interest and to which more specific insurance does not apply other than one which you newly acquire or form or U UMB103 C CW 0310 Page 12 of 19 | 1 |
Any newly acquired or formed organization other than a partnership joint venture or limited liability company over which you maintain majority interest and to which more specific insurance does not apply provided that this policy does not apply to any injury or damage that took place before you acquired or formed the organization. 11. Occurrence means a. b. With respect to bodily injury or property damage liability an accident including continuous or repeated exposure to substantially the same general harmful conditions. With respect to personal and advertising injury a covered offense. All damages that arise from the same act publication or general conditions are considered to arise out of the same occurrence regardless of the frequency or repetition thereof the number or kind of media used or the number of claimants. 12. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. b. 0 T e False arrest detention or imprisonment Malicious prosecution The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services Oral or written publication in any manner of material that violates a person s right of privacy The use of another s advertising idea in your advertisement Infringement upon another s copyright trade dress or slogan in your advertisement or Discrimination unless insurance thereof is prohibited by law not arising out of or related to employment practices. Personal and advertising injury also means mental anguish mental injury humiliation or shock if directly resulting from an offense listed in ltems 12.a. through 12.h. above. 13. Products completed operations hazard means all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except a. b. Products that are still in your physical possession or Work that has not yet been completed or abandoned. Your work will be deemed completed at the earliest of the following times 1 When all of the work called for in your contract has been completed 2 When all of the work to be done at the site has been completed if your contract calls for work at more than one site or 3 When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. This hazard does not include bodily injury or property damage arising out of a. b. The transportation of property unless the injury or damage arises out of a condition in or on a vehicle created by the loading or unloading of it by any insured or The existence of tools uninstalled equipment or abandoned or unused materials. 14. Property damage means a. b. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or Loss of use of tangible property that is not physically injured. All such loss shall be deemed to occur at the time of the occurrence that caused it. U UMB103 C CW 0310 Page 13 of 19 | 1 |
15. 16. 17. 18. 19. Retained limit means the amount of damages applicable to each occurrence for which the insured is responsible that is shown in Item 5. of the Declarations. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. Your product means a. Any goods or products other than real property manufactured sold handled distributed or disposed of by 1 You 2 Others trading under your name or 3 A person or organization whose business or assets you have acquired and b. Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. Your product includes a. Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and b. The providing or failure to provide warnings or instructions. Your product does not include vending machines or other property rented to or located for use of others but not sold. Your work means a. Work or operations performed by you or on your behalf and b. Materials parts or equipment furnished in connection with such work or operations. Your work includes a. Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and b. The providing of or failure to provide warnings or instructions. D. The following definitions are applicable to Coverage C only 1. Casualty business crisis means an event that in the good faith opinion of your principal in the absence of casualty business crisis services has been or may be associated with a. Damages covered by this policy under Coverage A that are in excess of the applicable limits of underlying insurance or under Coverage B that are in excess of the Retained Limit and b. Significant adverse regional or national media coverage. Casualty business crisis shall include without limitation man made disasters such as explosions major crashes multiple deaths or injuries burns dismemberment traumatic brain injury paraplegia or contamination of food drink or pharmaceuticals. For purposes of Coverage C a casualty business crisis will first commence when your principal first become aware of the occurrence and will conclude at the earliest of the time when the casualty business crisis advisor advises you that the crisis no longer exists or when the Casualty Business Crisis Expense Aggregate Limit has been exhausted. Casualty business crisis advisor means any public relations firm or crisis management firm approved by us that is hired by you to perform casualty business crisis services in connection with a casualty business crisis. U UMB103 C CW 0310 Page 14 of 19 | 1 |
3. 5. Casualty business crisis expense means amounts paid a. To you for the reasonable and necessary 1 Fees and expenses of a casualty business crisis advisor in the performance for you of casualty business crisis services solely for a covered casualty business crisis and 2 Amounts for printing advertising mailing of materials or travel by your directors officers employees or agents or a casualty business crisis advisor solely for a casualty business crisis and b. To others for the following reasonable and necessary expenses resulting from such covered casualty business crisis provided that such expenses have been approved by us 1 Medical expenses 2 Funeral expenses 3 Psychological counseling 4 Travel expenses 5 Temporary living expenses 6 Expenses to secure the scene of a casualty business crisis and 7 Any other expenses pre approved by us. Casualty business crisis services means those services performed by a casualty business crisis advisor in advising you on minimizing potential harm to you from a covered casualty business crisis by maintaining or restoring public confidence in you. Principal means your Chief Executive Officer Chief Operating Officer Chief Financial Officer President General Counsel or general partner if you are a partnership or sole proprietor if you are a proprietorship. SECTION VI. CONDITIONS A. The following Conditions are applicable to Coverage A Coverage B and Coverage C. 1. Appeals In the event you or any underlying insurer elects not to appeal a judgment in excess of the amount of the underlying insurance we may elect to appeal at our expense. If we do so elect we will be liable for the costs and additional interest accruing during this appeal. In no event will this provision increase our liability beyond the applicable Limits of Insurance described in SECTION II. of this policy. Audit of Books and Records We may audit and examine your books and records as they relate to this policy at any time during the period of this policy and for up to three 3 years after the expiration or termination of this policy. Bankruptcy or Insolvency The bankruptcy insolvency or inability to pay of any insured will not relieve us from our obligation to pay damages covered by this policy. In the event of bankruptcy insolvency or refusal or inability to pay of any underlying insurer the insurance afforded by this policy will not replace such underlying insurance but will apply as if all the limits of any underlying insurance are fully available and collectible. Cancellation and Nonrenewal a. Cancellation 1 You may cancel this policy. You must mail or deliver advance written notice to us stating when the cancellation is to take effect. 2 We may cancel this policy. If we cancel because of non payment of premium we will mail or deliver to you not less than ten 10 days advance written notice when the cancellation is to take effect. If we cancel for any other reason we will mail or deliver to you not less than ninety 90 days advance written notice stating the reasons for cancellation as well as the date when the cancellation is to take effect. Mailing notice to you at your mailing address shown in Item 2. of the Declarations will be sufficient to prove notice. U UMB103 C CW 0310 Page 15 of 19 | 1 |
3 The policy period will end on the day and hour stated in the cancellation notice. 4 If this policy is cancelled the final premium will be calculated pro rata based on the time this policy was in force. 5 Premium adjustment may be made at the time of cancellation or as soon as practicable thereafter but the cancellation will be effective even if we have not made or offered any refund due you. Our check or our representative s check mailed or delivered will be sufficient tender of any refund due you. b. Nonrenewal If we decide not to renew this policy we will mail or deliver to the first Named insured shown in the Declarations written notice of the nonrenewal not less than thirty 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. Changes Notice to any agent or knowledge possessed by any agent or any other person will not effect a waiver or a change in any part of this policy. This policy can only be changed by a written endorsement that becomes a part of this policy. Currency Settlements will be paid in United States currency or when required in the currency of the country or jurisdiction where the loss or casualty business crisis occurred. When conversion into another currency from United States currency is required to pay any loss or casualty business crisis expense the rate of exchange will be determined on the date of the settlement. The rate of exchange will be the rate we incur in obtaining the foreign currency. First Named Insured The person or organization first named in Item 1. of the Declarations is responsible for the payment of all premiums. The first Named Insured will act on behalf of all other insureds for the giving and receiving of notice of cancellation or any other notice required under this policy or by statute or regulation for the receipt and acceptance of this policy and any endorsements forming a part of this policy and for the receiving of any return premiums that become payable under this policy. Inspection We have the right but are not obligated to inspect the insured s premises and operations at any time. Our inspections are not safety inspections. They relate only to the insurability of the premises and operations and the premium to be charged. We may provide reports on the conditions we find. We may also recommend changes. While these reports may help reduce losses we do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. We do not warrant that the premises or operations are safe or healthful or that they comply with laws regulations codes or standards Entities That Are Registered Domiciled or Have Ongoing Operations in Non Admitted Jurisdictions This condition applies solely with respect to entities that are registered domiciled or have ongoing operations in non admitted jurisdictions. With respect to a qualified entity a. Under Coverage A we will reimburse the first Named Insured for loss incurred by a qualified entity that would have been covered this policy but for the fact that the loss was incurred by a qualified entity including 1 Damages covered by this policy in excess of the total applicable limits of underlying insurance and 2 Reasonable defense expenses incurred with our consent. We have no duty to defend any person or organization against any claim or suit brought or proceeding instituted against any qualified entity in a non admitted jurisdiction but we may at our discretion assume control of or participate in any investigation defense settlement or recovery proceedings. b. Coverage under this policy will not apply until the qualified entity or the qualified entity s underlying insurer has paid or is obligated to pay the full amount of the applicable limits of underlying insurance. U UMB103 C CW 0310 Page 16 of 19 | 1 |
10. 1. 12. 13. c. The duties and requirements imposed upon any insured under this policy will not apply to any non admitted jurisdiction. However with respect to any claims made or suits brought in a non admitted jurisdiction it will be the duty of the first Named Insured to do or cause the applicable qualified entity to do such things as would be required of such qualified entity if Coverage A applied directly to such claim or suit including 1 Make such investigation defense or settlement as we deem reasonable 2 Obtain our approval for any payment and 3 Effect approved payments to others in accordance with the terms and conditions of this insurance. d. Under Coverage B this policy does not apply to any liability damage loss cost or expense arising out of any operations or activities of a qualified entity. e. We will promptly pay the first Named Insured at the mailing address listed in ltem 2. of the Declarations the amount of damages covered under the terms of this policy. If the first Named Insured or any qualified entity recovers from any third party all or part of any amount that we have paid pursuant to this insurance the first Named Insured will promptly reimburse the amount of any such recovery to us. Legal Action Against Us There will be no right of action against us under this insurance unless a. You have complied with all the terms of this policy and b. The amount you owe has been determined by settlement with our consent or by actual trial and final judgment. This insurance does not give anyone the right to add us as a party in an action against you to determine your liability. Maintenance of Underlying Insurance During the period of this policy you agree a. To keep the policies listed in the Schedule of Underlying Insurance in full force and effect b. That the Limits of Insurance of the policies listed in the Schedule of Underlying Insurance will be maintained except for any reduction or exhaustion of limits by payment of claims or suits for damages covered by underlying insurance. The policies listed in the Schedule of Underlying Insurance may not be canceled or not renewed by you without notifying us and you agree to notify us in the event an insurance company cancels or declines to renew any policy listed in the Schedule of Underlying Insurance and d. Renewals or replacements of the policies listed in the Schedule of Underlying Insurance will not be materially changed without our agreement. If you fail to comply with these requirements we will only be liable to the same extent that we would have been had you fully complied with these requirements. Miscellaneous Unintentional Errors and Omissions Any unintentional error or omission in the description of or failure to describe completely any premises or operations intended to be covered by this policy shall not invalidate or affect the coverage for those operations or premises. However the insured must report such error or omission to the company as soon as practicable after its discovery. Other Insurance If other insurance applies to damages that are also covered by this policy this policy will apply excess of the other insurance. However this provision will not apply a. If the other insurance is written to be excess of this policy or b. With respect to Coverage A only if the named insured has agreed in a written contract to carry insurance to apply prior to and be non contributory with that of another person or organization s insurance but only as respects damages arising out of insured operations or work on behalf of the named insured performed under such written contract. The limits available to the other person or organization will be the lesser of the policy limits or the minimum limits required by such written contract. In that case other insurance of that person or organization will apply as excess and not contribute prior to the insurance afforded by this policy. U UMB103 C CW 0310 Page 17 of 19 | 1 |
14. 15. 16. 17. 18. 19. 20. Nothing herein will be construed to make this policy subject to the terms conditions and limitations of such other insurance. Premium The premium for this policy as stated in Item 6. of the Declarations is a flat premium. It is not subject to adjustment unless an endorsement is attached to this policy. Separation of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned to the first Named Insured this insurance applies a. Asif each named insured were the only named insured and b. Separately to each insured against whom claim is made or suit is brought. Terms Conformed to Statute The terms of this policy which are in conflict with the statutes laws ordinances or regulations in any country jurisdiction state or province where this policy is issued are amended to conform to such statutes laws ordinances or regulations. If we are prevented by law or statute from paying on behalf of the insured then we will where permitted by law or statute indemnify the insured. Transfer of Rights of Recovery Against Others to Us a. If the insured has rights to recover all or part of any payment we have made under this insurance those rights are transferred to us. The insured must do nothing after the loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. However if any insured is required by a written contract or agreement which is executed before a loss to waive their rights of recovery from others we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations for which the insured has not waived their rights of recovery by contract. b. Any amount recovered will be apportioned in the inverse order of payment of loss to the extent of actual payment. The expenses of all such recovery proceedings will be apportioned in the ratio of respective recoveries. Transfer of Your Rights and Duties Your rights and duties under this insurance may not be transferred without our written consent. If you die then your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed anyone having temporary custody of your property will have your rights and duties but only with respect to that property. When Loss is Payable Coverage under this policy will not apply until the insured or the insured s underlying insurer has paid or is legally obligated to pay the full amount of the Underlying Limits of Insurance or Retained Limit. When the amount of loss is determined by an agreed settlement or on a final judgment against an insured obtained after an actual trial we will promptly pay on behalf of the insured the amount of loss covered under the terms of this policy. The first Named Insured will promptly reimburse us for any amount within the Retained Limit paid by us. Violation of Economic or Trade Sanctions If coverage for a claim or suit under this policy is in violation of any economic or trade sanctions of the United States of America then coverage for that claim or suit will be and void. The following Condition is applicable to Coverage A and Coverage B 1. Notice of Occurrence Claim or Suit a. You must see to it that we are notified as soon as practicable of an occurrence which may result in damages covered by this policy. To the extent possible notice will include 1 How when and where the occurrence took place U UMB103 C CW 0310 Page 18 of 19 | 1 |
2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence. b. Knowledge of an occurrence by the agent servant or employee of yours shall not in itself constitute knowledge by the insured unless you or any employee authorized by you to give or receive notice of an occurrence claim or suit shall have received such notice from the agent servants or employee. c. If aclaim or suit against any Insured is reasonably likely to involve this policy you must notify us in writing as soon as practicable. d. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation settlement or defense of the claim or suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. e. The insureds will not except at their own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. f. Your failure to give notice of an occurrence to us shall not invalidate coverage under this policy if the occurrence was inadvertently reported to another Insurer. However you shall report any such occurrence to us as soon as practicable once you become aware of such error. C. The following Conditions are applicable to Coverage C 1. Notice of a Casualty Business Crisis You must see to it that we are notified of a casualty business crisis as soon as practicable after it first commences. Such notice shall include a description of the casualty business crisis and the reason it is likely to involve damages covered by this policy in excess of the applicable limits of underlying insurance under Coverage A or Retained Limit under Coverage B and significant adverse regional or national media coverage. We will not be liable for casualty business crisis expense incurred prior to or more than one hundred eighty 180 days after the date notice of such casualty business crisis is first given to us. Notice to us shall be given to Zurich Claim Reporting Care Center P.O. Box 49547 Colorado Springs CO 80949 Phone 1 800 987 3373 Fax 1 877 962 2567 E Mail USZ Care CenterZurichna.com. Arbitration If you and we disagree as to whether a casualty business crisis has occurred both parties may by mutual consent agree in writing to arbitration of the disagreement and the right to any reimbursement for casualty business crisis expense. In this event each party will select an arbitrator. The two arbitrators will select a third. If they can not agree within 30 days both parties must request that selection be made by a judge of a court having jurisdiction. Each party will a. Pay the expenses it incurs and b. Bear the expenses of the third arbitrator equally. Unless both parties agree otherwise arbitration will take place in the state county or parish in which the address shown in the Declarations is located. Local rules of law as to procedure and evidence will apply. U UMB103 C CW 0310 Page 19 of 19 | 1 |
Endorsement 01 Z ZURICH Certified Act of Terrorism Retained Amount Provisions Coverage B Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Addl Prem. Return Prem. AUC 0442115 04 02012021 02012022 02012021 37385000 Named Insured and Mailing Address Producer HAWAIIUSA FEDERAL CREDIT UNION 1226 COLLEGE WALK HONOLULU HI 96817 LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CERTIFIED ACT OF TERRORISM RETAINED AMOUNT SCHEDULE Each Occurrence Retained Amount 1000000 Products Completed Operations Aggregate Retained Amount 2000000 Other Aggregate Retained Amount 2000000 Certified Act of Terrorism Retained Amount Provisions Coverage B The following additional provisions apply under Coverage B of this policy as respects any liability damage loss cost or expense arising directly or indirectly out of a certified act of terrorism including any action taken in hindering or defending against an actual or expected certified act of terrorism regardless of any other cause or event that contributes concurrently or in any sequence to the injury or damage A. The Retained Amounts shown in the Schedule above apply in place of the Coverage B retained limit specified in Item 5. of the Declarations or any amount payable by other insurance whichever is greater and are the only retained amount provisions applying to any loss claim or suit from a certified act of terrorism. These provisions do not apply to any other loss claim or suit not involving a certified act of terrorism that would still be subject to the applicable Coverage B retained limit amount. The specific retained amounts applying to certified acts of terrorism are as follows 1. The Each Occurrence Retained Amount shown in the Schedule above is the total retained amount of damages for which the insured is responsible applicable to each occurrence. 2. The Products Completed Operations Aggregate Retained Amount shown in the Schedule above is the total retained amount of damages for which the insured is responsible applicable to all occurrences included within the products completed operations hazard. 3. The Other Aggregate Retained Amount shown in the Schedule above is the total retained amount of damages for which the insured is responsible applicable to all occurrences except for occurrences included within the products completed operations hazard. B. The following changes apply to SECTION Ill. DEFENSE AND SUPPLEMENTARY PAYMENTS as respects Coverage B only as respects to a loss claim or suit to which this endorsement applies 1. We have the right and duty to assume control of the investigation and settlement of any claim or defense of any suit against the insured for damages covered by this policy under Coverage B when the applicable retained amount has been exhausted by payment of claims. Copyright 2015 Zurich American Insurance Company Includes copyrighted material of Insurance Services Office Inc. with its permission. U UMB406 D CW 0115 Page 1 of 2 | 2 |
2. In those circumstances where paragraph B.1. of this endorsement applies in addition to the applicable Limits of Insurance we will pay our expenses and the following to the extent that they are not included in underlying insurance or other insurance a. Up to 2000 for the cost of bail bonds. We do not have to furnish these bonds b. The cost of bonds to release attachments but only for bond amounts within the amount of insurance available. We do not have to furnish these bonds c. Reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings because of time off work Costs taxed against the insured in the suit Pre judgment interest awarded against the insured on that part of the judgment we pay. However if we make an offer to pay the applicable Limit of Insurance we will not pay any pre judgment interest on that period of time after the offer and f. Allinterest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court that part of the judgment that is within the applicable Limits of Insurance. In those circumstances where paragraph B.1. of this endorsement does not apply we do not have the duty to assume control of the investigation and settlement of any claim or defense of any suit against the insured. We do however have the right to participate in the investigation and settlement of any claim or defense of any suit that we feel may create liability on our part under the terms of this policy. If we exercise this right we will do so at our expense. We will not investigate and settle any claim or defend any suit after we have exhausted the applicable Limit of Insurance as stated in Item 4. of the Declarations. If we are prevented by law from carrying out the provisions of paragraph B.1. of this endorsement we will pay any expense incurred with our consent. C. The following provision is added to SECTION VI. CONDITIONS Paragraph A.10. Notice of Occurrence Claim or E. Suit You must notify us immediately in writing of any claim or suit which seeks damages in an amount which is fifty 50 percent or more of the amount of the Each Occurrence Retained Amount stated in the Schedule of this endorsement. As used in this endorsement certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act TRIA to be an act of terrorism. TRIA provides that the Secretary of Treasury shall certify an act of terrorism 1. 2. 3. 4. To be an act of terrorism To be a violent act or an act that is dangerous to human life property or infrastructure To have resulted in damage within the United States or outside of the United States in the case of an air carrier as defined in section 40102 of Title 49 United States Code or a United States flag vessel or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States or the premises of a United States mission and To have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. No act may be certified as an act of terrorism if the act is committed as part of the course of a war declared by Congress except for workers compensation or if losses resulting from the act in the aggregate for insurance subject to TRIA do not exceed 5000000. As used in this endorsement retained amount means the amount of damages for which the insured is responsible as shown in the Schedule of this endorsement. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. Copyright 2015 Zurich American Insurance Company Includes copyrighted material of Insurance Services Office Inc. with its permission. U UMB406 D CW 0115 Page 2 of 2 | 2 |
Endorsement 02 ZURICH Auto Leasing Exclusion Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Add Prem. Return Prem. AUC 0442115 04 02012021 02012022 02012021 37385000 Named Insured and Mailing Address Producer HAWAIIUSA FEDERAL CREDIT UNION LOCKTON COMPANIES LLC 1226 COLLEGE WALK 444 W 47TH ST STE 900 HONOLULU HI 96817 KANSAS CITY MO 64112 1906 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Under Coverage A and Coverage B this policy does not apply to any liability damage loss cost or expense arising out of the ownership maintenance operation use loading or unloading or entrustment to others of any auto leased rented or loaned to others. This exclusion does not apply to the extent that insurance is provided by the underlying insurance for 1. A salesperson or other employee of any insured for use of such auto principally in an insured s business or 2. A customer for use of such auto while such customer s auto is temporarily in any insured s care for maintenance service or repair. U UMB119 A CW 0799 Page 1 of 1 | 2 |
Endorsement 03 ZURICH Care Custody Or Control Exclusion Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Add Prem. Return Prem. AUC 0442115 04 02012021 02012022 02012021 37385000 Named Insured and Mailing Address Producer HAWAIIUSA FEDERAL CREDIT UNION LOCKTON COMPANIES LLC 1226 COLLEGE WALK 444 W 47TH ST STE 900 HONOLULU HI 96817 KANSAS CITY MO 64112 1906 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Under Coverage A this policy does not apply to property damage to Real and Personal Property of others in the care custody or control of the insured. If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. U UMB129 B CW 0703 Page 1 of 1 | 2 |
Endorsement 04 ZURICH Cross Suits Exclusion Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Add Prem. Return Prem. AUC 0442115 04 02012021 02012022 02012021 37385000 Named Insured and Mailing Address Producer HAWAIIUSA FEDERAL CREDIT UNION LOCKTON COMPANIES LLC 1226 COLLEGE WALK 444 W 47TH ST STE 900 HONOLULU HI 96817 KANSAS CITY MO 64112 1906 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Under Coverage A and Coverage B this policy does not apply to any liability damage loss cost or expense arising out of any claim or suit by one Named Insured against another Named Insured. U UMB141 A CW 0799 Page 1 of 1 | 2 |
Endorsement 05 ZURICH Directors And Officers Exclusion Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Add Prem. Return Prem. AUC 0442115 04 02012021 02012022 02012021 37385000 Named Insured and Mailing Address Producer HAWAIIUSA FEDERAL CREDIT UNION LOCKTON COMPANIES LLC 1226 COLLEGE WALK 444 W 47TH ST STE 900 HONOLULU HI 96817 KANSAS CITY MO 64112 1906 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Under Coverage A and Coverage B this policy does not apply to any liability damage loss cost or expense arising out of any breach of duty negligent act error or omission of any insured or of any other person for whose acts any insured is legally liable while acting as a. An officer director trustee or executor of any business charitable organization fund trust or estate or b. A public official. U UMB158 A CW 0799 Page 1 of 1 | 2 |
Endorsement 06 ZURICH Employee Benefits Liability Follow Form Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Add Prem. Return Prem. AUC 0442115 04 02012021 02012022 02012021 37385000 Named Insured and Mailing Address Producer HAWAIIUSA FEDERAL CREDIT UNION LOCKTON COMPANIES LLC 1226 COLLEGE WALK 444 W 47TH ST STE 900 HONOLULU HI 96817 KANSAS CITY MO 64112 1906 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Under Coverage B only this policy does not apply to any liability damage loss cost or expense imposed on any insured as a Fiduciary Administrator or other party in interest arising out of any Employee Benefits Program record handling in connection with any Employee Benefits Program or effecting or terminating any employee s participation in any plan included in any Employee Benefits Program. As used in this endorsement Employee Benefits Program means any group life insurance group accident or health insurance profit sharing plans pension plans stock subscription plans unemployment insurance social security benefits workers compensation and disability benefits and any other similar plans. U UMB167 B CW 0703 Page 1 of 1 | 2 |
Endorsement 07 ZURICH Fiduciary Liability Exclusion Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Add Prem. Return Prem. AUC 0442115 04 02012021 02012022 02012021 37385000 Named Insured and Mailing Address Producer HAWAIIUSA FEDERAL CREDIT UNION LOCKTON COMPANIES LLC 1226 COLLEGE WALK 444 W 47TH ST STE 900 HONOLULU HI 96817 KANSAS CITY MO 64112 1906 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Under Coverage A and Coverage B this policy does not apply to any liability damage loss cost or expense arising out of 1. The ownership maintenance use or entrustment to others of any property real personal or intangible including all related operations for which any insured or any person for whose acts any insured is legally liable is acting or is obligated to act in a fiduciary or representative capacity 2. The loss depreciation in value or damage to any property real personal or intangible for which any insured or any person for whose acts any insured is legally liable is acting in a fiduciary or representative capacity. U UMB178 B CW 0703 Page 1 of 1 | 2 |
Endorsement 08 ZURICH Financial Institutions Exclusion Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Add Prem. Return Prem. AUC 0442115 04 02012021 02012022 02012021 37385000 Named Insured and Mailing Address Producer HAWAIIUSA FEDERAL CREDIT UNION LOCKTON COMPANIES LLC 1226 COLLEGE WALK 444 W 47TH ST STE 900 HONOLULU HI 96817 KANSAS CITY MO 64112 1906 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Under Coverage A and Coverage B this policy does not apply to any liability damage loss cost or expense arising out of A B. The ownership maintenance operation use entrustment to others or loading or unloading of any aircraft watercraft railroad locomotive or railroad cars in which any insured has any financial interest as a lessor or mortgagee Property damage to or loss or depreciation of any property of whatsoever nature held by deposited with entrusted to or otherwise in the care custody or control of any insured or as to which any insured is for any purpose exercising control The assumption of liability by or on behalf of any insured under any binder policy or contract of insurance reinsurance suretyship annuity or endowment or resulting from any acts errors or omissions in effecting such binders policies or contracts. Any act error omission or breach of duty in performing or failure to perform banking or fiduciary services or in giving financial economic or investment advice or in rendering investment advisory or management services Brought about by or contributed to by any dishonest or fraudulent acts of any insured or any director officer or employee of any insured The ownership maintenance operation entrustment to others use control or management of any property or business enterprise for which any insured is acting as a fiduciary or representative capacity or Any act error or omission of any insured or of any other person for whose acts errors or omissions any insured is legally responsible arising out of any failure to comply with the Truth in Lending Act or any similar Federal State or Municipal Statute. Any act error or omission of any insured or of any other person for whose acts errors or omissions any insured is legally responsible arising out of any failure to comply with the Gramm Leach Bliley Act also known as the Financial Services Modernization Act or any similar Federal State or Municipal Statute. As used in this endorsement The term fiduciary shall include administrator executor trustee under will or trust agreement committee for incompetence guardian any agent or sub agent of any of the foregoing custodian of securities manager of property of whatsoever nature interest or dividend disbursing agent paying agent fiscal agent transfer agent registrar agent agent for voting trustee warrant agent depository agent for a committee of holders of stock or securities escrow agent trustee under bond indenture sinking fund agent receiver or trustee appointed by any court in receivership bankruptcy or reorganization proceeding or any similar trust representative or semifiduciary capacity. U UMB181 B CW 0703 Page 1 of 1 | 2 |
Endorsement 09 ZURICH Lead Exclusion Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Add Prem. Return Prem. AUC 0442115 04 02012021 02012022 02012021 37385000 Named Insured and Mailing Address Producer HAWAIIUSA FEDERAL CREDIT UNION LOCKTON COMPANIES LLC 1226 COLLEGE WALK 444 W 47TH ST STE 900 HONOLULU HI 96817 KANSAS CITY MO 64112 1906 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. A. Under Coverage A and Coverage B this policy does not apply to 1. Any liability damage loss cost or expense arising out of resulting from caused by or contributed to by toxic or pathological properties of lead lead compounds or lead contained in any materials Any cost or expense to abate mitigate remove or dispose of lead lead compounds or materials containing lead Any supervision instructions recommendations warnings or advice given or which should have been given in connection with paragraphs 1. or 2. above or Any obligation to share damages with or repay anyone else who must pay damages in connection with paragraphs 1. 2. or 3. above. U UMB193 A CW 0799 Page 1 of 1 | 2 |
Endorsement 10 ZURICH Professional Liability Exclusion Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Add Prem. Return Prem. AUC 0442115 04 02012021 02012022 02012021 37385000 Named Insured and Mailing Address Producer HAWAIIUSA FEDERAL CREDIT UNION LOCKTON COMPANIES LLC 1226 COLLEGE WALK 444 W 47TH ST STE 900 HONOLULU HI 96817 KANSAS CITY MO 64112 1906 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Under Coverage A and Coverage B this policy does not apply to any liability damage loss cost or expense arising out of any breach of duty negligent act error misstatement or omission of any insured or any person for whom the insured is legally responsible in the rendering of or failure to render any professional service. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. Includes copyrighted material of Insurance Services Office Inc. with its permission. U UMB228 C CW 0310 Page 1 of 1 | 2 |
Endorsement 11 ZURICH SEC Exclusion Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Add Prem. Return Prem. AUC 0442115 04 02012021 02012022 02012021 37385000 Named Insured and Mailing Address Producer HAWAIIUSA FEDERAL CREDIT UNION LOCKTON COMPANIES LLC 1226 COLLEGE WALK 444 W 47TH ST STE 900 HONOLULU HI 96817 KANSAS CITY MO 64112 1906 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Under Coverage A and Coverage B this policy does not apply to any liability damage loss cost or expense arising out of any breach of professional duty by reason of any act error or omission based upon or alleging a violation of 1. 2. 3. 4. The Securities Exchange Act of 1934 The Investment Company Act of 1940 The Investment Advisors Act each as amended State Blue Sky or securities laws or any regulation issued pursuant to any of the foregoing. It is further agreed that any aggregate limit of insurance of any policy listed in the Schedule of Underlying Insurance shall neither be reduced nor exhausted by reason of any payment of any liability damage loss cost or expense arising out of or in any manner related to paragraphs 1. 2. 3. or 4. above. U UMB243 A CW 0799 Page 1 of 1 | 2 |
Endorsement 12 ZURICH Fungus or Bacteria Exclusion Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Add Prem. Return Prem. AUC 0442115 04 02012021 02012022 02012021 37385000 Named Insured and Mailing Address Producer HAWAIIUSA FEDERAL CREDIT UNION LOCKTON COMPANIES LLC 1226 COLLEGE WALK 444 W 47TH ST STE 900 HONOLULU HI 96817 KANSAS CITY MO 64112 1906 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Under Coverage A and Coverage B this policy does not apply to any liability damage loss cost or expense A. Caused directly or indirectly by the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or presence of any 1. Fungi or bacteria or 2. Substance vapor or gas produced by or arising out of any fungi or bacteria. B. Arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. Definitions As used in this endorsement 1. 3. Bacteria means any type or form of bacteria and any materials or substances that are produced or released by bacteria. Fungi means any type or form of fungus including mold or mildew and any mycotoxins spores scents or by products produced or released by fungi. Spores means reproductive bodies produced by or arising out of fungi. This exclusion does not apply to any fungi or bacteria that are are on or are contained in an edible good or edible product intended for human or animal consumption. U UMB385 B CW 0703 Page 1 of 1 | 2 |
Endorsement 13 ZURICH Named Insured Definition Coverage B Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Add Prem. Return Prem. AUC 0442115 04 02012021 02012022 02012021 37385000 Named Insured and Mailing Address Producer HAWAIIUSA FEDERAL CREDIT UNION LOCKTON COMPANIES LLC 1226 COLLEGE WALK 444 W 47TH ST STE 900 HONOLULU HI 96817 KANSAS CITY MO 64112 1906 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SECTION V. DEFINITIONS definition C. 10. Named insured is deleted in its entirety and replaced with the following 10. Named insured means a. The persons and organizations shown in Item 1. of the Declarations of this policy b. Any organization other than a partnership joint venture or limited liability company over which you maintain majority interest and to which more specific insurance does not apply other than one which you newly acquire or form or c. Any newly acquired or formed organization other than a partnership joint venture or limited liability company over which you maintain majority interest and to which more specific insurance does not apply. However 1 Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier and 2 This policy does not apply to any injury or damage that took place before you acquired or formed the organization. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. Includes copyrighted material of Insurance Services Office Inc. with its permission. U UMB427 B CW 0310 Page 1 of 1 | 2 |
Endorsement 14 ZURICH Financial Professional Services Exclusion Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Add Prem. Return Prem. AUC 0442115 04 02012021 02012022 02012021 37385000 Named Insured and Mailing Address Producer HAWAIIUSA FEDERAL CREDIT UNION LOCKTON COMPANIES LLC 1226 COLLEGE WALK 444 W 47TH ST STE 900 HONOLULU HI 96817 KANSAS CITY MO 64112 1906 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Under Coverage A and Coverage B this policy does not apply to any liability damage loss cost or expense arising out of the rendering of or failure to render any professional services. As used in this endorsement professional services means those services rendered or required to be rendered to others pursuant to an agreement and for a fee or other payment and include non compensated services provided they are rendered or required to be rendered in connection with paid services. They include but are not limited to services arising out of investment banking lending financial counseling insurance operations real estate operations and appraisal services. U UMB428 A CW 0703 Page 1 of 1 | 2 |
Endorsement 15 ZURICH Silica or Silica Mixed Dust Exclusion Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Add Prem. Return Prem. AUC 0442115 04 02012021 02012022 02012021 37385000 Named Insured and Mailing Address Producer HAWAIIUSA FEDERAL CREDIT UNION LOCKTON COMPANIES LLC 1226 COLLEGE WALK 444 W 47TH ST STE 900 HONOLULU HI 96817 KANSAS CITY MO 64112 1906 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Under Coverage A and Coverage B this policy does not apply to 1. Any liability damage loss cost or expense caused directly or indirectly in whole or in part by the actual alleged or threatened inhalation ingestion absorption exposure to existence of or presence of silica or Any loss costs or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any manner responding to or assessing the effects of silica by any insured or by any other person or entity. As used in this exclusion silica means a. Any form of crystalline or non crystalline amorphous silica silica particles silica compounds silica dust or silica mixed or combined with dust or other particles or b. Synthetic silica including precipitated silica silica gel pyrogenic or fumed silica or silica flour. U UMB488 A CW 0604 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Endorsement 16 ZURICH Total Pollution Exclusion With A Hostile Fire Exception Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Add Prem. Return Prem. AUC 0442115 04 02012021 02012022 02012021 37385000 Named Insured and Mailing Address Producer HAWAIIUSA FEDERAL CREDIT UNION LOCKTON COMPANIES LLC 1226 COLLEGE WALK 444 W 47TH ST STE 900 HONOLULU HI 96817 KANSAS CITY MO 64112 1906 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Exclusions B. POLLUTION under Coverage A and C. 6. POLLUTION under Coverage B of Section IV. EXCLUSIONS are deleted and replaced by the following Under Coverage A and Coverage B this policy does not apply to any liability damage loss cost or expense POLLUTION 1. Arising directly or indirectly out of the actual alleged or threatened existence discharge seepage migration dispersal release or escape of pollutants. This exclusion does not apply to bodily injury or property damage arising out of heat smoke or fumes from a hostile fire unless that hostile fire occurred or originated a. b. At any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste or At any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations to test for monitor clean up remove contain treat detoxify neutralize or in any way respond to or assess the effects of pollutants. Arising out of any a. Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. As used in this endorsement hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. U UMB664 A CW 0310 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Endorsement 17 Z ZURICH Sanctions Exclusion Endorsement Policyholder HAWAIIUSA FEDERAL CREDIT UNION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. The following exclusion is added to the policy to which it is attached and supersedes any existing sanctions language in the policy whether included in an Exclusion Section or otherwise SANCTIONS EXCLUSION Notwithstanding any other terms under this policy we shall not provide coverage nor will we make any payments or provide any service or benefit to any insured beneficiary or third party who may have any rights under this policy to the extent that such cover payment service benefit or any business or activity of the insured would violate any applicable trade or economic sanctions law or regulation. The term policy may be comprised of common policy terms and conditions the declarations notices schedule coverage parts insuring agreement application enroliment form and endorsements or riders if any for each coverage provided. Policy may also be referred to as contract or agreement. We may be referred to as insurer underwriter we us and our or as otherwise defined in the policy and shall mean the company providing the coverage. Insured may be referred to as policyholder named insured covered person additional insured or claimant or as otherwise defined in the policy and shall mean the party person or entity having defined rights under the policy. These definitions may be found in various parts of the policy and any applicable riders or endorsements. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED U GU1191 A CW 0315 Page 10f 1 | 2 |
Endorsement 18 Exclusion Collection or Distribution of Material or o Information in Violation of Law ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Add Prem. Return Prem. AUC 0442115 04 02012021 02012022 02012021 37385000 Named Insured and Mailing Address Producer HAWAIIUSA FEDERAL CREDIT UNION LOCKTON COMPANIES LLC 1226 COLLEGE WALK 444 W 47TH ST STE 900 HONOLULU HI 96817 KANSAS CITY MO 64112 1906 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Exclusion A. 6. VIOLATION OF STATUTES under SECTION IV. EXCLUSIONS is deleted and replaced by the following Under Coverage A and Coverage B this policy does not apply to any liability damage loss cost or expense COLLECTION OR DISTRIBUTION OF MATERIAL OR INFORMATION IN VIOLATION OF LAW 6. Directly or indirectly arising out of or based upon any action or omission that violates or is alleged to violate a. b. c. The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law The CAN SPAM Act of 2003 including any amendment of or addition to such law The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions or any other legal liability at common law or otherwise that addresses prohibits or limits the printing dissemination disposal collecting recording use of sending transmitting communicating or distribution of material or information. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. U UMB525 E CW 0112 Page 1of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Endorsement 19 Z ZURICH Cap On Losses From Certified Acts Of Terrorism Insured s Name Policy Number Effective Date Endorsement Number HAWAIIUSA FEDERAL CREDIT UNION AUC 0442115 04 02012021 19 THIS ENDORSEMENT CHANGES YOUR POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies your insurance. Commercial Umbrella Liability Policy A. Cap on Losses From Certified Terrorism Losses Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with provisions of the federal Terrorism Risk Insurance Act TRIA to be an act of terrorism. The Terrorism Risk Insurance Act provides that the Secretary of Treasury shall certify an act of terrorism 1. To be an act of terrorism 2. To be a violent act or an act that is dangerous to human life property or infrastructure 3. To have resulted in damage within the United States or outside of the United States in the case of an air carrier as defined in section 40102 of Title 49 United States Code or a United States flag vessel or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States or the premises of a United States mission and 4. To have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. No act may be certified as an act of terrorism if the act is committed as part of the course of a war declared by Congress except for workers compensation or if losses resulting from the act in the aggregate for insurance subject to TRIA do not exceed 5000000. If aggregate insured losses attributable to one or more certified acts of terrorism exceed 100 billion in a calendar year January 1 through December 31 and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of Treasury. B. Application of Other Exclusions The terms and limitations of a terrorism exclusion or any other exclusion or the inapplicability or omission of a terrorism exclusion or any other exclusion do not serve to create coverage which would otherwise be excluded limited or restricted under this policy. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. Copyright 2015 Zurich American Insurance Company Includes copyrighted material of Insurance Services Office Inc. with its permission. U GU767 B CW 0115 Page 1 of 1 | 2 |
cHUBB IMPORTANT NOTICE TO POLICYHOLDERS TERRORISM RISK INSURANCE ACT This Important Notice is being provided with your policy to further satisfy the disclosure requirements of the Terrorism Risk Insurance Act. At the time you received the written offer for this policy we provided you with an Important Notice to Policyholders indicating that the insurance provided in your policy for losses caused by certain acts of terrorism as defined in the Terrorism Risk Insurance Act would be partially reimbursed by the United States of America pursuant to the formula set forth in the Terrorism Risk Insurance Act. In addition as required by the Terrorism Risk Insurance Act we. indicated that we would make available insurance for such losses in the same manner as we provide insurance for other types of losses. specified the premium we would charge if any for providing such insurance and. except to the extent prohibited by law gave you the opportunity to reject such insurance and have a terrorism exclusion sublimit or other limitation included in your policy. This Important Notice refers back to that Important Notice and provides information about your decision and the manner in which your policy has been subsequently modified. If. You rejected terrorism insurance under the Terrorism Risk Insurance Act your policy includes the appropriate amendatory endorsements.. You did not reject terrorism insurance under the Terrorism Risk Insurance Act the premium charged for your policy including that portion applicable to terrorism insurance under the Terrorism Risk Insurance Act is shown in your policy. To the extent your policy includes a limitation on terrorism insurance it has been modified so that such limitation does not apply to terrorism insurance under the Terrorism Risk Insurance Act. Please carefully review your policy and the Important Notice previously provided to you for further details. Please remember that only the terms of your policy establish the scope of your insurance protection. Please note that if your policy. provides commercial property insurance in a jurisdiction that has a statutory standard fire policy the premium we charge for terrorism insurance under the Terrorism Risk Insurance Act includes an amount attributable to the insurance provided pursuant to that standard fire policy. Re jection o f such statutory insurance is legally prohibited.. is a workers compensation policy re jection o f insurance for terrorism is legally prohibited. If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a calendar year the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a calendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. last page Form 99 10 0732 Rev. 1 15 Important Notice Page 1 | 2 |
IMPORTANT NOTICE TO POLICYHOLDERS cHUBB This Important Notice is not your policy. Please read your policy carefully to determine your rights duties and what is and what is not covered. Only the provisions of your policy determine the scope of your insurance protection. THIS IMPORTANT NOTICE PROVIDES INFORMATION CONCERNING POSSIBLE IMPACT ON YOUR INSURANCE COVERAGE DUE TO COMPLIANCE WITH APPLICABLE TRADE SANCTION LAWS. PLEASE READ THIS NOTICE CAREFULLY. Various trade or economic sanctions and other laws or regulations prohibit us from providing insurance in certain circumstances. For example the United States Treasury Department s Office of Foreign Asset Control OFAC administers and enforces economic and trade sanctions and places restrictions on transactions with foreign agents front organizations terrorists terrorists organizations and narcotic traffickers. OFAC acts pursuant to Executive Orders of the President of the United States and specific legislation to impose controls on transactions and freeze foreign assets under United States jurisdiction. To learn more about OFAC please refer to the United States Treasury s web site at httpwww.treas.govofac. To the extent that you or any other insured or any person or entity claiming the benefits of this insurance has violated any applicable sanction laws this insurance will not apply. We have added a condition or section that applies to the entire policy called Compliance With Applicable Trade Sanctions which stipulates that your insurance policy does not apply to the extent that trade or economic sanctions or other laws or regulations prohibit us from providing insurance. last page Form 99 10 0792 Ed. 9 04 Important Notice Page 1 | 2 |
cHUBB POLICYHOLDER NOTICE All of the members of the Chubb Group of Insurance companies doing business in the United States hereinafter Chubb distribute their products through licensed insurance brokers and agents producers. Detailed information regarding the types of compensation paid by Chubb to producers on US insurance transactions is available under the Producer Compensation link located at the bottom of the page at www.chubb.com or by calling 1 866 588 9478. Additional information may be available from your producer. Thank you for choosing Chubb. last page Form 99 10 0872 Ed. 6 07 Policyholder Notice Page 1 | 2 |
cHUBB Important Notice To obtain information or make a complaint You may contact the company for information or to make a complaint at 202B Hall s Mill Road Whitehouse Station NJ 08889 1650 1 800 252 4670 You may contact the Texas Department of Insurance to obtain information on companies coverages rights or complaints at 1 800 252 3439 You may write the Texas Department of Insurance at P.O. Box 149104 Austin Texas 78714 9104 FAX 512 475 1771 Web httpwww.tdi.state.tx.us E Mail ConsumerProtection tdi.state.tx.us Premium Or Claim Disputes Should you have a dispute concerning your premium or about a claim you should contact the agent first If the dispute is not resolved you may contact the Texas Department of Insurance. Attach This Notice To Your Policy This notice is for information purposes only and does not become a part or condition of the attached document. Texas Important Notice to Policyholder last page Form 99 10 0881 Ed. 12 07 Important Notice Page 1 | 2 |
Chubb Commercial Excess And Umbrella Insurance cHUBB Premium Bill To NOVEMBER 01 2018 Policy Period Effective Date Policy Number Insured NOVEMBER 01 2017 November 1 2017 7988 52 27 PRIORITY PASS INC. Name of Company FEDERAL INSURANCE COMPANY Date Issued December 19 2017 Producer LOCKTON COMPANIES GAB THIS BILLING IS TO BE ATTACHED TO AND FORM A PART OF THE POLICY PLEASE SEND PAYMENT TO AGENT OR BROKER IF APPLICABLE Coverage Premium 8748.00 Commercial Umbrella Total 874800 Portion of total premium attributable for Terrorism and statutory standard fire where applicable is 255.00 last page Form 07 10 0542 Ed. 10 06 Premium Bill Page 1 | 2 |
Chubb Commercial Excess And Umbrella Insurance cHUBB Declarations Chubb Group of Insurance Companies 202B Hall s Mill Road Whitehouse Station NJ 08889 Policy Number 7988 52 27 Issued by the stock insurance company indicated below herein called the company. FEDERAL INSURANCE COMPANY Incorporated under the laws of Indiana Named Insured and Mailing Address PRIORITY PASS INC. 5217 TENNYSON PARKWAY PLANO TX 75024 Producer No. 0018943 Producer LOCKTON COMPANIES GAB 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1905 Policy Period From NOVEMBER 01 2017 To NOVEMBER 01 2018 1201 A M. standard time at the Named Insured s mailing address shown above. Premium 8748.00 Limits Of Insurance Excess Coverage Other Aggregate Limit as applicable 9000 000. Umbrella Coverages Aggregate Limit 9000 000. Products Completed Operations Aggregate Limit SEE BELOW Advertising Injury and Personal Injury Aggregate Limit 9000 000. Each Occurrence Limit 9000000. INCLUDED IN THE EXCESS COVERAGE OTHER AGGREGATE LIMIT Authorization In Witness Whereof the company issuing this policy has caused this policy to be signed by its authorized officers but this policy shall not be valid unless also signed by a duly authorized representative of the company. FEDERAL INSURANCE COMPANY A f ot 4 Bmg Secretary President Authorized Representative Qo Q Decamber 18 2017 Chubb. Insured Chubb. Insured Chubb Commercial Excess And Umbrella Insurance last page Form 07 02 2267 Ed. 2 09 Declarations Page 1 December 19 2017 | 2 |
Chubb Commercial Excess And Umbrella Insurance cHUBB Schedule Of Forms Policy Period Effective Date Policy Number Insured NOVEMBER 01 2017 November 1 2017 7988 52 27 GAB PRIORITY PASS INC. to NOVEMBER 01 2018 Name of Company FEDERAL INSURANCE COMPANY Date Issued December 19 2017 Form Number As of the effective date printed above this is the Schedule Of Forms applicable to this policy PREMIUM BILL IMPORTANT NOTICE TO POLICYHOLDERS TRIA 2002 IMPORTANT NOTICE OFAC AOD IMPORTANT POLICYHOLDER NOTICE TX IMPORTANT NOTICE COMMERCIAL EXCESS AND UMBRELLA DECLARATIONS CHUBB COMMERCIAL EXCESS UMBRELLA INSURANCE TX MANDATORY CONDITIONS CANCELLATION COMPLIANCE WITH APPLICABLE TRADE SANCTIONS COVERAGE CRISIS ASSISTANCE EXCESS AND UMB COND CIVIL UNIONS OR DOMESTIC PARTNERSHIPS EXCL UMBRELLA COV B ALCOHOLIC BEVERAGES CAP ON CERTIFIED TERRORISM LOSSES POL EXCL INFO LAWS INCL UNAUT OR UNSOL COMMUN LIMITS EXCESS COVERAGE OTHER AGGREGATE LIMIT COV B EXCL INTELLECTUAL PROP LAWS OR RIGHTS CRISIS ASSISTANCE SERVICE PROVIDERS POLICY EXCL LOSS OF USE OF ELECTRONIC DATA EXCL UMB COV B ACCES DISCL CONFID PERS INFO NAMED INSURED PRODUCTS COMPLETED COV. B EXCLUSION SCHEDULE OF UNDERLYING INSURANCE 07 10 0542 99 10 0732 99 10 0792 99 10 0872 99 10 0881 07 02 2267 07 02 0815 07 02 1066 07 02 1988 07 02 2440 07 02 2483 07 02 0871 07 02 1961 07 02 2172 07 02 2184 07 02 2420 07 02 2455 07 02 2500 07 02 2614 07 02 1477 07 02 0890 07 02 0922 1006 0115 0904 0607 1207 0209 0701 1003 0204 1210 0312 0114 0115 0113 0105 0510 1210 0512 03117 0701 0701 0701 Chubb Commercial Excess And Umbrella Insurance last page Form 07 02 0822 Rev. 7 01 Schedule Of Forms Page 1 | 2 |
cHUBB BB Chubb Commercial Excess And Umbrella Insurance Schedule Of Underlying Insurance Effective date NOVEMBER 1 2017 Policy Number 7988 52 27 Insured PRIORITY PASS INC. Description Limits Employers Liability Insurer VALLEY FORGE INSURANCE COMPANY Policy No. WC 6 11912285 Coverage B Employer s Liability Policy Period 11012017 Bodily Injury By Accident to 11012018 1000000. Each Accident Bodilv Iniurv Bv Disease Limits Coverage B Employer s Liability Bodily Injury By Accident 1000000. Each Accident Bodily Injury By Disease 1000000. Policy Limit 1000000. Each Employee Employers Liability Insurer NATIONAL FIRE INSURANCE COMPANY OF HARTFORD Policy No. WC 6 11912304 Coverage B Employer s Liability Policy Period 11012017 Bodily Injury By Accident to 11012018 1000000. Each Accident Bodily Injury By Disease 1000000. Policy Limit 1000000. Each Employee Commercial General Liabilit Insurer GREAT AMERICAN ASSURANCE COMPANY Policy No. 36031319 1000000. Policy Period 11012017 2000000. to 11012018 SEE BELOW Occurrence 1000000. Each Occurrence General Aggregate Products Completed Operations Aggregate Personal and Advertising Injury aggregate when applicable PRODUCTS COMPLETED OPERATIONS AGGREGATE IS INCLUDED IN THE GENERAL AGGREGATE LIMIT Chubb Commercial Excess And Umbrella Insurance continued Form 07 02 0922 Rev. 7 01 Schedule Of Underlying Insurance Page 1 | 2 |
cHUBB HuUuBB Effective date Policy Number Insured Description Chubb Commercial Excess And Umbrella Insurance Schedule Of Underlying Insurance NOVEMBER 1 2017 7988 52 27 PRIORITY PASS INC. Liquor Law Legal Liability Insurer Policy No. Policy Period to Limits GREAT AMERICAN ASSURANCE COMPANY 36031319 1000000. Each Incident 11012017 1000000. Aggregate 11012018 Limits 1000000. Each Incident 1000000. Aggregate Occurrence Non Owned Hired Auto Liability Insurer FEDERAL INSURANCE COMPANY Policy No. 73587082 Policy Period 11012017 to 11012018 1000000. Each Accident Occurrence All other terms and conditions remain unchanged. Authorized Representative Q December 19 2017 Authorization Chubb Commercial Excess And Umbrella Insurance last page Form 07 02 0922 Rev. 7 01 Schedule Of Underlying Insurance Page 2 | 2 |
Chubb Commercial Excess And Umbrella Insurance cHUBB Table Of Contents ravic Vi VUINGiiio Section Coverage Excess Follow Form Coverage A Coverages Umbrella Coverage B Investigation Defense And Settlements Supplementary Payments Coverage Territory Who Is An Insured Excess Follow Form Coverage A Who Is An Insured Umbrella Coverage B Limits Of Insurance When Excess Follow Form Coverage A Applies Drop Down Exclusions Excess Follow Form Coverage A Exclusions Umbrella Coverage B Policy Exclusions Conditions Definitions Umbrella Coverage B Policy Definitions Page No. 25 29 Form 07 02 0815 Rev. 7 01 Contract Page 10f 32 | 2 |
THIS PAGE INTENTIONALLY LEFT BLANK Form 07 02 0815 Rev. 7 01 Contract Page 2 of 32 | 2 |
Chubb Commercial Excess And Umbrella Insurance Contract Please read the entire policy carefully. The terms and conditions of this insurance include the various sections of this contract Coverages Investigation Defense And Settlements Supplementary Payments Coverage Territory Who Is An Insured Limits Of Insurance When Excess Follow Form Coverage A Applies Drop Down Exclusions Conditions and Definitions as well as the Declarations and any Endorsements and Schedules made a part of this insurance. Throughout this contract the words you and your refer to the Named Insured shown in the Declarations and other persons or organizations qualifying as a Named Insured under this contract. The words we us and our refer to the Company providing this insurance. In addition to the Named Insured other persons or organizations may qualify as insureds. Those persons or organizations and the conditions under which they qualify are identified in the Who Is An Insured section of this contract. Words and phrases that appear in bold print have special meanings and are defined in the Definitions section of this contract. cHUBB Coverage Excess Follow Form Coverage A Subject to all of the terms and conditions applicable to Excess Follow Form Coverage A we will pay on behalf of the insured that part of loss to which this coverage applies which exceeds the applicable underlying limits. This coverage applies only if the triggering event that must happen during the policy period of the applicable underlying insurance happens during the policy period of this insurance. This coverage will follow the terms and conditions of underlying insurance described in the Schedule Of Underlying Insurance unless a term or condition contained in this coverage. differs from any term or condition contained in the applicable underlying insurance or. is not contained in the applicable underlying insurance. With respect to such exceptions described above the terms and conditions contained in this coverage will apply to the extent that such terms and conditions provide less coverage than the terms and conditions of the applicable underlying insurance. This coverage does not apply to any part of loss within underlying limits or any related costs or expenses. We have no obligation under this insurance with respect to any claim or suit settled without our consent. Other than as provided under the Investigation Defense And Settlements and Supplementary Payments sections of this contract we have no other obligation or liability to pay sums or perform acts or services under this coverage. Coverages Umbrella Coverage B Bodily Injury And Subject to all of the terms and conditions applicable to Umbrella Coverage B we will pay on Property Damage behalf of the insured loss by reason of liability Liability Coverage. imposed by law or. assumed in an insured contract Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 3 of 32 | 0 |
Coverages Umbrella Coverage B Bodily Injury And Property Damage Liability Coverage continued for bodily injury or property damage caused by an occurrence to which this coverage applies. This coverage applies only to such bodily injury or property damage that occurs during the policy period. Damages for bodily injury include damages claimed by a person or organization for care or loss of services resulting at any time from the bodily injury. This coverage does not apply to any part of A. loss to which underlying insurance would apply regardless of whether or not 1. underlying insurance is available and 2. the applicable underlying limits have been exhausted B. loss to which underlying limits apply or C. any costs or expenses related to loss as described in paragraphs A. or B. above. We have no obligation under this insurance with respect to any claim or suit settled without our consent. Other than as provided under the Investigation Defense And Settlements and Supplementary Payments sections of this contract we have no other obligation or liability to pay sums or perform acts or services under this coverage. Aavertising Injury And Personal Injury Liability Coverage Subject to all of the terms and conditions applicable to Umbrella Coverage B we will pay on behalf of the insured loss because of liability. imposed by law or. assumed in an insured contract for advertising injury or personal injury to which this coverage applies. This coverage applies only to such advertising injury or personal injury caused by an offense that is first committed during the policy period. This coverage does not apply to any part of A. loss to which underlying insurance would apply regardless of whether or not 1. underlying insurance is available and 2. the applicable underlying limits have been exhausted B. loss to which underlying limits apply or C. any costs or expenses related to loss as described in paragraphs A. or B. above. We have no obligation under this insurance with respect to any claim or suit settled without our consent. Other than as provided under the Investigation Defense And Settlements and Supplementary Payments sections of this contract we have no other obligation or liability to pay sums or perform acts or services under this coverage. Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 4 of 32 | 1 |
cHUBB Investigation Defense And Settlements Chubb Commercial Excess And Umbrella Insurance Subject to all of the terms and conditions of this insurance we will have the right and duty to defend the insured. under Excess Follow Form Coverage A against a suit in connection with loss to which such coverage applies if the applicable underlying limits have been exhausted by payment of Jjudgments settlements or related costs or expenses if such costs or expenses reduce such limits or. under Umbrella Coverage B against a suit to which such coverage applies even if such suit is false fraudulent or groundless. We have no duty to defend any person or organization against any claim or suit. to which this insurance does not apply or. if any other insurer has a duty to defend. When we have the duty to defend we may at our discretion investigate any occurrence or offense and settle any claim or suit. In all other cases we may at our discretion participate in the investigation defense and settlement of any occurrence offense claim or suit. Our duty to defend any person or organization ends when we have used up the applicable Limit Of Insurance. Supplementary Payments Subject to all of the terms and conditions of this insurance under Excess Follow Form Coverage A or Umbrella Coverage B A. we will pay with respect to a claim we investigate or settle or a suit against an insured we defend 1 the expenses we incur. 2. thecostof a. bail bonds or b. bonds required to 1 appeal judgments or 2 release attachments but only for bond amounts within the available Limit Of Insurance. We do not have to furnish these bonds. reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of such claim or suit including actual loss of earnings up to 1000 a day because of time off from work. costs taxed against the insured in the suit except any a. attorney fees or litigation expenses or b. other loss cost or expense in connection with any injunction or other equitable relief. prejudgment interest awarded against the insured on that part of a 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. Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 5 of 32 | 1 |
Supplementary 6. interest on the full amount of a judgment that accrues after entry of the judgment and Payments before we have paid offered to pay or deposited in court the part of the judgment that is continued within the applicable Limit Of Insurance. B. Supplementary Payments does not include any fine or other penalty. C. Supplementary Payments will not reduce the Limits Of Insurance. Our obligation to make these payments ends when we have used up the applicable Limit Of Insurance. Coverage Territory Excess Follow Form Coverage A With respect to Excess Follow Form Coverage A this insurance applies anywhere that the applicable underlying insurance applies. Umbrella Coverage B With respect to Umbrella Coverage B this insurance applies anywhere. Who Is An Insured With respect to Excess Follow Form Coverage A the following persons and organizations qualify Excess Follow Form as insureds Coverage A the Named Insured shown in the Declarations and. other persons or organizations qualifying as an insured in underlying insurance but not beyond the extent of any limitation imposed under any contract or agreement. Who Is An Insured Umbrella Coverage B Sole Proprietorships With respect to Umbrella Coverage B the following persons and organizations qualify as insureds. If you are an individual you and your spouse are insureds but you and your spouse are insureds only with respect to the conduct of a business of which you are the sole owner. If you die. persons or organizations having proper temporary custody of your property are insureds but they are insureds only with respect to the maintenance or use of such property and only for acts until your legal representative has been appointed and. your legal representatives are insureds but they are insureds only with respect to their duties as your legal representatives. Such legal representatives will assume your rights and duties under this insurance. Partnerships Or Joint Ventures If you are a partnership including a limited liability partnership or a joint venture you are an insured. Your members your partners and their spouses are insureds but they are insureds only with respect to the conduct of your business. Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 6 of 32 | 1 |
Chubb Commercial Excess And Umbrella Insurance cCHUBB Chubb Commercial Excess And Umbrella Insurance Who Is An Insured Umbrella Coverage B continued Limited Liability Companies If you are a limited liability company you are an insured. Your members and their spouses are insureds but they are insureds only with respect to the conduct of your business. Your managers are insureds but they are insureds only with respect to their duties as your managers. Other Organizations If you are an organization including a professional corporation other than a partnership joint venture or limited liability company you are an insured. Your directors and officers are insureds but they are insureds only with respect to their duties as your directors or officers. Your stockholders and their spouses are insureds but they are insureds only with respect to their liability as your stockholders. Employees Your employees are insureds but they are insureds only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. Volunteers Persons who are volunteer workers for you are insureds but they are insureds only for acts within the scope of their activities for you and at your direction. Real Estate Managers Persons other than your employees or organizations while acting as your real estate managers are insureds but they are insureds only with respect to their duties as your real estate managers. Lessors Of Equipment Persons or organizations from whom you lease equipment are insureds but they are insureds only with respect to the maintenance or use by you of such equipment and only if you are contractually obligated to provide them such insurance as is afforded by this contract. However no such person or organization is an insured with respect to any. damages arising out of their sole negligence or. occurrence that occurs or offense that is committed after the equipment lease ends. Lessors Of Premises Persons or organizations from whom you lease premises are insureds but they are insureds only with respect to the ownership maintenance or use of that particular part of such premises leased to you and only if you are contractually obligated to provide them with such insurance as is afforded by this contract. However no such person or organization is an insured with respect to any. damages arising out of their sole negligence. occurrence that occurs or offense that is committed after you cease to be a tenant in the premises or. structural alteration new construction or demolition operations performed by or on behalf of them. Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 7 of 32 | 1 |
Who Is An Insured Umbrella Coverage B continued Subsidiary Or Newly If there is no other insurance available the following organizations will qualify as named insureds gfqggzz c. rngormed. a subsidiary organization of the first named insured shown in the Declarations of which at 9 the beginning of the policy period and at the time of loss such first named insured controls PN L L oo ey o If there is no other insurance available the following organizations will qualify as named insureds a subsidiary organization of the first named insured shown in the Declarations of which at the beginning of the policy period and at the time of loss such first named insured controls either directly or indirectly more than fifty 50 percent of the interests entitled to vote generally in the election of the governing body of such organization or a subsidiary organization of the first named insured shown in the Declarations that such first named insured acquires or forms during the policy period if at the time of loss such first named insured controls either directly or indirectly more than fifty 50 percent of the interests entitled to vote generally in the election of the governing body of such organization. Limitations On Who Is An With respect to Umbrella Coverage B the following limitations apply to Who Is An Insured. Insured A. Except to the extent provided under the Subsidiary Or Newly Acquired Or Formed Organizations provision no person or organization is an insured with respect to the conduct of any person or organization that is not shown as a named insured in the Declarations. B. No person or organization is an insured with respect to the 1. ownership maintenance or use of any assets or 2. conduct of any person or organization whose assets business or organization you acquire either directly or indirectly for any. bodily injury or property damage that occurred or. advertising injury or personal injury arising out of an offense first committed in whole or in part before you directly or indirectly acquired such assets business or organization. C. No person or organization is an insured with respect to the conduct of any partnership including any limited liability partnership joint venture or limited liability company that is not shown as a named insured in the Declarations. Limits Of Insurance With respect to all coverages under this contract the Limits Of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of. insureds. claims made or suits brought. persons or organizations making claims or bringing suits. vehicles involved or. coverages provided in this contract. Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 8 of 32 | 1 |
Chubb Commercial Excess And Umbrella Insurance The aggregate limits 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 provided the applicable aggregate limits in underlying insurance apply in such manner. If the aggregate limits in underlying insurance do not so apply the applicable aggregate limits of this insurance will apply to the entire policy period and not separately to any portion whether annual or otherwise thereof. If the policy period is extended after issuance the additional period will be deemed part of the last preceding period for purposes of determining the Limits Of Insurance. Subject to the Each Occurrence Limit the Excess Coverage Other Aggregate Limit is the most we will pay for the sum of loss under Excess Follow Form Coverage A except loss. included in the products completed operations hazard. arising out of advertising injury or personal injury or. otherwise covered by underlying insurance but to which no aggregate limit in such underlying insurance applics. The Excess Coverages Other Aggregate Limit will apply separately to loss in the same manner as each aggregate limit so applies in each coverage or policy described in the Schedule Of Underlying Insurance. cHUBB Limits Of Insurance continued Excess Coverage Other Aggregate Limit Umbrella Coverages Aggregate Limit Subject to the Each Occurrence Limit the Umbrella Coverages Aggregate Limit is the most we will pay for the sum of loss under Umbrella Coverages except loss. included in the products completed operations hazard or. arising out of advertising injury or personal injury. Products Completed Subject to the Each Occurrence Limit the Products Completed Operations Aggregate Limit is the Operations Aggregate Limit most we will pay for the sum of loss included in the products completed operations hazard even if such loss is or otherwise would be covered in whole or in part under more than one coverage. Advertising Injury And The Advertising Injury And Personal Injury Aggregate Limit is the most we will pay for the sum of Personal Injury Aggregate loss for advertising injury and personal injury even if such loss is or otherwise would be covered in Limit whole or in part under more than one coverage. Each Occurrence Limit The Each Occurrence Limit is the most we will pay for the sum of loss arising out of any one occurrence even if such loss is or otherwise would be covered in whole or in part under more than one coverage. Any amount paid for loss will reduce the amount of the applicable aggregate limit available for any other payment. If the applicable aggregate limit has been reduced to an amount that is less than the Each Occurrence Limit the remaining amount of such aggregate limit is the most that will be available for any other payment. Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 9 of 32 | 1 |
When Excess Subject to all of the terms and conditions of this insurance with respect to Excess Follow Form Follow Form Coverage A if the applicable underlying limits are Coverage A Applies Drop Down. reduced by payment of judgments settlements or related costs or expenses if such costs or expenses reduce such limits Excess Follow Form Coverage A will drop down to apply in excess of the remaining amount of the applicable underlying limits or. exhausted by payment of judgments settlements or related costs or expenses if such costs or expenses reduce such limits Excess Follow Form Coverage A will apply in the same manner as the applicable underlying insurance would have applied but for such exhaustion. Exclusions Excess Follow Form Coverage A Pollution With respect to Excess Follow Form Coverage A the following exclusions apply. This insurance does not apply to any liability or loss cost or expense arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants other than as described in paragraph C. below. Paragraph A. above does not apply to 1. bodily injury or property damage included in the products completed operations hazard 2. bodily injury or property damage a caused by the escape of operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts b. if sustained within a building and caused by the release of gaseous irritants or contaminants from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor or c. resulting from your other ongoing contracting operations 3. bodily injury if sustained within a building and caused by the escape of gaseous irritants or contaminants from equipment used to heat that building 4. bodily injury or property damage caused by heat smoke or fumes from a hostile fire or 5. bodily injury or property damage resulting from the ownership maintenance or use of an auto. This insurance does not apply to any liability or loss cost or expense arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants 1. which are or were at any time transported handled stored disposed of processed or treated as waste by or for any a insured or b. person or organization for whom any insured may be legally responsible. 2. at or from any premises site or location a. which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste or Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 10 of 32 | 1 |
Chubb Commercial Excess And Umbrella Insurance cHUBB Exclusions Excess Follow Form Coverage A Pollution continued b. on which any insured or any contractor or subcontractor working directly or indirectly on any insured s behalf is performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants D. This insurance does not apply to any loss cost or expense arising out of any 1. request demand order or regulatory or statutory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2. claim or proceeding by or on behalf of any governmental authority or others 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. Paragraph D. above does not apply to the liability for damages for property damage that the insured would have in the absence of such request demand order or regulatory or statutory requirement or such claim or proceeding by or on behalf of a governmental authority. This exclusion applies regardless of whether or not the pollution was accidental expected gradual intended preventable or sudden. Obligations Of Underlying This insurance does not apply to any liability or loss cost or expense for which the liability or Insurance obligation under underlying insurance is by law unlimited. Underlying Insurance Exclusions Notwithstanding anything to the contrary set forth in any other provision of this contract this insurance does not apply to any liability or loss cost or expense to which the terms and conditions of underlying insurance do not apply. Exclusions Umbrella Coverage B Bodily Injury Property Damage Aircraft Owned Or Rented Without Crew With respect to Umbrella Coverage B Bodily Injury And Property Damage Liability Coverage the following exclusions apply. This insurance does not apply to bodily injury or property damage arising out of the ownership maintenance use use includes operation and loading or unloading or entrustment to others of any aircraft owned or operated by or loaned or rented to any insured. This exclusion does not apply to an aircraft that is. loaned or rented to you with a paid trained crew and. not owned in whole or in part by any insured. Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 11 of 322 | 1 |
Exclusions Umbrella Coverage B Bodily Injury Property Damage continued Autos U.S.A. Canada Or Puerto Rico This insurance does not apply to bodily injury or property damage arising out of the ownership maintenance use use includes operation and loading or unloading or entrustment to others of any auto owned or operated by or loaned or rented to any insured. This exclusion does not apply to bodily injury or property damage caused by an occurrence that takes place outside of the United States of America including its possessions or territories Canada and Puerto Rico. Damage To Impaired Property Or Property Not Physically Injured This insurance does not apply to property damage to. impaired property or. property that has not been physically injured arising out of any. defect deficiency inadequacy or dangerous condition in your product or your work or. delay or failure by you or anyone acting on your behalf to perfom a contract or agreement in accordance with its terms and conditions. This exclusion does not apply to the loss of use of other tangible property resulting from sudden and accidental physical injury to your product or your work after it has been put to its intended use. Damage To Insureds Property This insurance does not apply to property damage to any property. owned by you or. of any insured that is in the care control or custody of any other insured. Damage To Your Product This insurance does not apply to property damage to your product arising out of it or any part of it. Damage To Your Work Or This insurance does not apply to property damage to Related Property your work arising out of it or any part of it. that particular part of real property on which you or any contractor or subcontractor working directly or indirectly on your behalf is performing operations if the property damage arises out of those operations or. that particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 12 of 322 | 1 |
Chubb Commercial Excess And Umbrella Insurance cHUBB Exclusions Umbrella Coverage B Bodily Injury Property Damage continued Expected Or Intended Injury This insurance does not apply to bodily injury or property damage arising out of an act that. is intended by the insured or. 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 tangible property. Loss In Progress This insurance does not apply to bodily injury or property damage that is a change continuation or resumption of any bodily injury or property damage known by you prior to the beginning of the policy period to have occurred. Bodily injury or property damage will be deemed to be known by you A. if such injury or damage is known by or should have been known from the standpoint of a reasonable person in the circumstances of 1. you 2. any of your directors managers members officers or their designees or partners whether or not an employee and B. when any person described in paragraph A. above 1. reports all or any part of any such injury or damage to us or any other insurer 2. receives a claim or a demand for damages because of any such injury or damage or 3. becomes aware that any such injury or damage has occurred or has begun to occur. Watercraft Owned This insurance does not apply to bodily injury or property damage arising out of the ownership maintenance use use includes operation and loading or unloading or entrustment to others of any watercraft owned or operated by or loaned or rented to any insured. This exclusion does not apply to a watercraft. while ashore on premises owned by or rented to you or. that is not owned in whole or in part by any insured. Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 13 of 322 | 1 |
Exclusions Umbrella Coverage B Advertising Injury Personal Injury Breach Of Contract With respect to Umbrella Coverage B Advertising Injury And Personal Injury Liability Coverage the following exclusions apply. This insurance does not apply to advertising injury or personal injury arising out of breach of contract. This insurance does not apply to advertising injury or personal injury arising out of breach of contract. Continuing Offenses This insurance does not apply to advertising injury or personal injury that arises out of that part of an offense that continues or resumes after the later of the end of the policy period of A. this insurance or B. asubsequent continuous renewal or replacement of this insurance that 1. is issued to you by us or by an affiliate of ours 2. remains in force while the offense continues and 3. would otherwise apply to advertising injury and personal injury. Crime Or Fraud This insurance does not apply to advertising injury or personal injury arising out of any criminal or fraudulent conduct committed by or with the consent or knowledge of the insured. Expected Or Intended Injury This insurance does not apply to advertising injury or personal injury arising out of an offense committed by or behalf of the insured that. is intended by such insured or. would be expected from the standpoint of a reasonable person in the circumstances of such insured to cause injury. Failure To Conform To Representations Or Warranties This insurance does not apply to advertising injury or personal injury arising out of the failure of goods products or services to conform with any electronic oral written or other representation or warranty of durability fitness performance quality or use. Internet Activities This insurance does not apply to advertising injury or personal injury arising out of controlling creating designing or developing of another s Internet site controlling creating designing developing determining or providing the content or material of another s Internet site controlling facilitating or providing or failing to control facilitate or provide access to the Internet or another s Internet site or publication of content or material on or from the Internet other than material developed by you or at your direction. Prior Offenses This insurance does not apply to advertising injury or personal injury arising out of any offense first committed before the beginning of the policy period. Chubb Commercial Excess And Umbrella Insurance Form 07 02 0815 Rev. 7 01 Contract Page 14 of 32 | 1 |
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