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CHUBB cChubb Commercial Excess And Umbrella Insurance Endorsement SEPTEMBER 12020 To SEPTEMBER 12021 SEPTEMBER 1 2020 7989 67 04 DOCUMENT TECHNOLOGIES LLC Policy Period Effective Date Policy Number Insured Name of Company FEDERAL INSURANCE COMPANY Date Issued September 10 2020 Who Is An Insured Named Insured The Named Insured shown in the Declarations is completed to read as follows Document Technologies Of New York LLC DTI Of California LLC DTI Of Washington LLC FIOS Inc. Global Legal Discovery LLC Epiq Systems Inc. DTI Of Georgia LLC Legalink Inc. Epiq Systems Acquisition Inc. Epiq Class Action Claims Solutions Inc. Epiq Ediscovery Solutions Inc. De Novo Legal LLC Hilsoft Epiq Bankruptcy Solutions Inc. The Garretson Resolution Group Inc. GRG Gamma Holdings Inc. GRG Holdings LP GRG Group GP LLC All Other Terms and Conditions Remain Unchanged Q B Authorized Representative g September 10 2020 Chubb Commercial Excess And Umbrella Insurance Who is An Insured Named Insured Form 07 02 1477 Rev. 07 01 Endorsement Page 10f 1 | 2 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured SEPTEMBER 12020 To SEPTEMBER 12021 SEPTEMBER 1 2020 7989 67 04 DOCUMENT TECHNOLOGIES LLC Name of Company FEDERAL INSURANCE COMPANY Date Issued September 10 2020 Under Definitions Umbrella Coverage B the definition titled Personal Injury is deleted. Definitions Umbrella Coverage B Personal Injury Under Policy Definitions the following definition titled Personal Injury is added Policy Definitions Personal Injury Personal injury means injury other than bodily injury property damage or advertising injury caused by an offense of A. B. C. false arrest false detention or other false imprisonment malicious prosecution wrongful entry into wrongful eviction of a person from or other violation of a person s right of private occupancy of a dwelling premises or room that such person occupies if committed by or on behalf of its landlord lessor or owner electronic oral written or other publication of material that libels or slanders a person or organization which does not include disparagement of goods products property or services or discrimination harassment or segregation based on a person s protected human characteristics as established by law. All other terms and conditions remain unchanged. Q B Authorized Representative g September 10 2020 Chubb Commercial Excess And Umbrella Insurance. Policy Definitions Personal Injury Privacy Eliminated Form 07 02 1944 Rev. 10 02 Endorsement Page 107 1 | 2 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured SEPTEMBER 12020 To SEPTEMBER 12021 SEPTEMBER 1 2020 7989 67 04 DOCUMENT TECHNOLOGIES LLC Name of Company FEDERAL INSURANCE COMPANY Date Issued September 10 2020 Terrorism Provisions Cap On Certified Terrorism Losses A new section titled Terrorism Provisions is added to the end of this contract. If aggregate insured losses attributable to one or more certified acts of terrorism under the terrorism law exceed 100 billion in a calendar year and we have met our insurer deductible under the terrorism law we will 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. A new section titled Terrorism Definitions is added. Terrorism Definitions Certified Act Of Certified act of terrorism means any act that is certified by the Secretary of the Treasury of Terrorism the United States to be an act A of terrorism a violent act or an act that is dangerous to human life property or infrastructure and B. that results in damage 1. within the United States or 2. outside of the United States in the case of a. an air carrier or vessel as described in the terrorism law or b. the premises of a mission of the United States of America which was committed by an individual or individuals as part of an effort to coerce the civilian population or. influence the policy or affect the conduct of the Government of the United States. Chubb Commercial Excess And Umbrella Insurance Cap On Certified Terrorism Losses Form 07 02 1967 Rev. 1 15 Endorsement Page 101 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Terrorism Definitions Certified Act Of Certified act of terrorism does not include an act that Terrorism s committed as part of the course of a war declared by the Congress of the United continued States or does not result in property and casualty insurance losses that exceed 5 million in the aggregate and are attributable to all types of insurance subject to the terrorism law. State State means any state of the United States of America the District of Columbia the Commonwealth of Puerto Rico the Commonwealth of the Northern Mariana Islands American Samoa Guam cach of the United States Virgin Islands and any territory or possession of the United States of America. Terrorism Law Terrorism law means the Terrorism Risk Insurance Act of 2002 as amended. United States means astate and. the territorial sea and the continental shelf of the United States of America as described in the terrorism law. United States All other terms and conditions remain unchanged. Q B Authorized Representative g September 10 2020 Chubb Commercial Excess And Umbrella Insurance Cap On Certified Terrorism Losses Form 07 02 1967 Rev. 1 15 Endorsement Page 201 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured SEPTEMBER 12020 To SEPTEMBER 12021 SEPTEMBER 1 2020 7989 67 04 DOCUMENT TECHNOLOGIES LLC Name of Company FEDERAL INSURANCE COMPANY Date Issued September 10 2020 Under Policy Exclusions the following exclusion is added to this policy and replaces any similar exclusion contained therein Policy Exclusions Information Laws Including Unauthorized Or Unsolicited Communications This insurance does not apply to any liability or loss cost or expense arising out of any actual alleged or threatened violation of the United States of America CAN SPAM Act of 2003 or any law amendatory thereof or any similar regulatory or statutory law in any other jurisdiction the United States of America Telephone Consumer Protection Act TCPA of 1991 or any law amendatory thereof or any similar regulatory or statutory law in any other jurisdiction the United States of America Fair Credit Reporting Act FCRA or any law amendatory thereof including the Fair and Accurate Credit Transactions Act FACTA or any similar regulatory or statutory law in any other jurisdiction or any other regulatory or statutory law in any jurisdiction that addresses limits or prohibits the collecting communicating disposal dissemination distribution monitoring printing publication recording sending or transmitting of content information or material. All other terms and conditions remain unchanged. Q B Authorized Representative g September 10 2020 Policy Exclusions Information Laws Including Unauthorized Or Chubb Commercial Excess And Umbrella Insurance. Unsolicited Communications Form 07 02 2172 Rev. 1 13 Endorsement Page 107 1 | 2 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured SEPTEMBER 12020 To SEPTEMBER 12021 SEPTEMBER 1 2020 7989 67 04 DOCUMENT TECHNOLOGIES LLC Name of Company FEDERAL INSURANCE COMPANY Date Issued September 10 2020 Under Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury the exclusion titled Intellectual Property Laws Or Rights is deleted and replaced by the following. Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury Intellectual Property A. This insurance does not apply to any bodily injury property damage advertising Laws Or Rights injury or personal injury arising out of giving rise to or in any way related to any actual alleged or threatened nsurance does not apply to any bodily injury property damage advertising injury or personal injury arising out of giving rise to or in any way related to any actual alleged or threatened 1. assertion or 2. infringement or violation by any person or organization including any insured of any intellectual property law or right. Further this insurance does not apply to the entirety of all allegations in any claim or suit if such claim or suit includes an allegation of or a reference to an infringement or violation of any intellectual property law or right even if this insurance would otherwise apply to any part of the allegations in the claim or suit. This exclusion applies unless the only infringement or violation of an intellectual property law or right is an offense described in the definition of advertising injury to which this insurance applies. Chubb Commercial Excess And Umbrella Insurance. Coverage B Exclusion Intellectual Property Laws Or Rights Form 07 02 2420 Ed. 5 10 Endorsement Page 107 2 | 2 |
Under Definitions Umbrella Coverage B the definitions titled Intellectual Property Law Or Right is deleted and replaced by the following. Definitions Umbrella Coverage B Intellectual Property Law Intellectual property law or right means any Or Right. certification mark copyright patent or trademark including collective or service marks. right to or judicial or statutory law recognizing an interest in any trade secret or confidential or proprietary non personal information other right to or judicial or statutory law recognizing an interest in any expression idea likeness name slogan style of doing business symbol title trade dress or other intellectual property or other judicial or statutory law concerning piracy passing off or similar practices. All other terms and conditions remain unchanged. Q B Authorized Representative g September 10 2020 Chubb Commercial Excess And Umbrella Insurance. Coverage B Exclusion Intellectual Property Laws Or Rights Form 07 02 2420 Ed. 5 10 Endorsement Page 2 0f 2 | 2 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured SEPTEMBER 12020 To SEPTEMBER 12021 SEPTEMBER 1 2020 7989 67 04 DOCUMENT TECHNOLOGIES LLC Name of Company FEDERAL INSURANCE COMPANY Date Issued September 10 2020 Under Coverage Crisis Assistance For Excess And Umbrella Policy Definitions Crisis Assistance Service Provider is amended to include the following firms. Policy Definitions Crisis Assistance Service Provider A crisis management firm or at the insured s discretion another services provider with crisis management capabilities. We do not provide or make any representations or warranties in connection with the services provided by the firms listed above. All other terms and conditions remain unchanged. Q Authorized Representative L September 10 2020 Chubb Commercial Excess And Umbrella Insurance. Crisis Assistance Service Providers Form 07 02 2455 Ed. 12 10 Endorsement Page 10f 1 | 2 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured SEPTEMBER 12020 To SEPTEMBER 12021 SEPTEMBER 1 2020 7989 67 04 DOCUMENT TECHNOLOGIES LLC Name of Company FEDERAL INSURANCE COMPANY Date Issued September 10 2020 Under Policy Exclusions the following exclusion is added. Policy Exclusions Loss Of Use Of Electronic Data This insurance does not apply to any liability or loss cost or expense arising out of any. corruption of inability to access inability to manipulate. loss of or other injury or damage to or loss of use of any software data or other information that is in electronic form. This exclusion does not apply to bodily injury or physical injury to tangible property including resulting loss of use of that property. All other terms and conditions remain unchanged. Q B Authorized Representative g September 10 2020 Chubb Commercial Excess And Umbrella Insurance. Policy Exclusion Loss Of Use Of Electronic Data Form 07 02 2500 Ed. 5 12 Endorsement Page 10f 1 | 2 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured SEPTEMBER 12020 To SEPTEMBER 12021 SEPTEMBER 1 2020 7989 67 04 DOCUMENT TECHNOLOGIES LLC Name of Company FEDERAL INSURANCE COMPANY Date Issued September 10 2020 Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury Access To Or Disclosure Of Confidential Or Personal Information Under Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury the following exclusion is added This insurance does not apply to bodily injury property damage advertising injury or personal injury arising out of any access to or disclosure of any person s or organization s confidential or personal information including any patents trade secrets processing methods customer lists financial information credit card information health information or any other type of non public information. This exclusion applics 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 any access to or disclosure of any person s or organization s confidential or personal information. All other terms and conditions remain unchanged. Q B Authorized Representative g September 10 2020 Exclusions Umbrella Coverage B Access To Or Disclosure Of Chubb Commercial Excess And Umbrella Insurance Confidential Or Personal Information Form 07 02 2614 Ed. 3 17 Endorsement Page 10f 1 | 2 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured SEPTEMBER 12020 To SEPTEMBER 12021 SEPTEMBER 1 2020 7989 67 04 DOCUMENT TECHNOLOGIES LLC Name of Company FEDERAL INSURANCE COMPANY Date Issued September 10 2020 Under Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury the following exclusion is added. Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury War This insurance does not apply to any bodily injury property damage advertising injury or personal injury arising directly or indirectly out of war including undeclared or civil war 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 insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of the foregoing. All other terms and conditions remain unchanged. Q B Authorized Representative u Date September 10 2020 Chubb Commercial Excess And Umbrella Insurance. Coverage B Exclusion War Form 07 02 2735 Ed. 3 17 Endorsement Page 107 1 | 2 |
3 3 Libe Mutll. INSURANCE COMMERCIAL LIABILITY UMBRELLA DECLARATIONS Issued by Liberty Insurance Corporation Policy Number TH7 291 469909 041 Renewal of TH7 291 469909 040 Producer LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 Item 1. Named Insured and Mailing Address INDUSTRIAL SERVICES COMPANY INC PO BOX 9286 SPRINGFIELD MO 65803 The Named Insured is Corporation Item 2. Policy Period 112021 to 112022 at 1201 A.M. standard time at above mailing address. Item 3. Limits of Insurance Each Occurrence Limit S 10000000 General Aggregate Limit 10000000 Products Completed Operations Aggregate Limit 10000000 Item 4. Self Insured Retention Each Occurrence s 0 Item 5. Premium Premium Basis Audit Basis Estimated Exposure Rate Advance Premium Flat Charge 0 61703 Certified Acts of Terrorism Coverage 0 Total Advance Premium 61703 0 Minimum Retained Premium Issued Code Number Account Number Sub Account Number KAL 01272021 99935 9 469909 0000 Page 10f 2 LCU 00020118 2017 Liberty Mutual Insurance | 2 |
Item 6. Underlying Insurance Coverage insurer Policy Period Policy Number Limits of Insurance Employers Liability Ciberty Insurance Corporation 112021 1o 112022 WC7 291 469909 031 7000000 By Accident Each Accident 51000000 By Disease Policy Limit 151000000 By Disease Each Employee lAuto Liability Ciberty Insurance Corporation 112021 to 112022 IAS7 291 469909 011 1000000 CSL General Liability Liberty Insurance Corporation 112021 to 112022 ITB7 291 469909 021 11000000 Each Occurrence 152000000 General Aggregate 152000000 Products Completed Ops laggregate 11000000 Pers Adv Injury Limit Employee Benefits Liability Liberty Insurance Corporation 112021 to 1112022 TB7 291 469909 021 81000000 Each Employee 152000000 Aggregate In any jurisdiction state or province where the amount of Employers Liability Insurance provided by the undertying insurers is by law unlimited the underlying Employers Liability limits shown in the above schedule do not apply and no coverage for Employers Liability shall be provided by this policy. These Declarations and any Declarations Extension Schedules together with the Coverage Form and any Endorsements complete this policy. Forms and Endorsements attached to this policy See Attached Schedule Countersigned by m QLW O Authorized Company Representative LCU 00020118 2017 Liberty Mutual Insurance Page 2 of 2 | 2 |
Policy Number TH7 291 469909 041 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DECLARATIONS EXTENSION NAMED INSURED This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Item 1. Named Insured of the Declarations is amended as follows Industrial Services Company Inc. LCU 99050118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
SCHEDULE OF FORMS AND ENDORSEMENTS Form Name Form Number LCU 000201 18 LCU 990501 18 LCU 00010118 LCU 02190118 LCU 04070118 LCU 21050118 LCU 21180118 LCU 211220118 LCU 211380118 LCU 211410118 LCU 21350118 LCU 214001 18 LCU 21470118 LCU 21530118 LCU 215601 18 LCU 217906 18 LCU 21830118 LCU 21850118 LCU 24070118 LCU 240909 19 LCU 24 2601 18 LCU 242801 18 Commercial Liability Umbrella Declarations Declarations Extension Named Insured Commercial Liability Umbrella Coverage Form Missouri Changes Cancellation And Nonrenewal Professional Health Care Services By Employees or Volunteer Workers Coverage Contractors Professional Liability Exclusion Means and Methods Exception Silica or Silica Related Dust Exclusion Lead Exclusion Exterior Insulating Finish System EIFS Exclusion Mold and Mold Related Construction Defect Exclusion Designated Operations Exclusion Designated Operations Covered By A Consolidated Wrap up Insurance Program Exclusion Damage First Occurring Prior To Policy Period Exclusion Underlying Insurance With Sublimit Exclusion Construction Management Esrors and Omissions Exclusion Unlawful Discrimination Exclusion Residential Construction Operations Exclusion With Commercial Non Residential Use Exception Access or Disclosure of Confidential or Personal Information and Data Related Liability Exclusion With Limited Bodily Injury Exception Waiver of Transfer of Rights of Recovery Against Others to Us Foreign Liability Limitation Fungi or Bacteria Limitation Limited Contractual Liability Railroads For attachment to TH7 Z91 469909 041 Page1of2 | 2 |
LCU 250505 18 LCU 250901 18 LCU 260101 18 LCU 32750118 LCU 60050118 LCU 990801 18 LCU99 1601 18 SNI 04010120 SNI24 010120 SNI90 011218 SNI90 020120 LIL 900506 13 Designated Location And Designated Construction Project General Aggregate Limit With Optional Capped Aggregate Limit Non Cumulation Of Liability Same Occurrence Total Pollution Exclusion Crisis Management Coverage Certified Acts of Terrorism Exclusion Knowledge Of Occurrence Notice Of Cancellation To Third Parties Liberty Mutual Group California Privacy Notice Missouri Notice To Policyholders Policyholder Notice Company Contact Information Policyholder Disclosure Terrorism Risk Insurance Act Participating Provision For attachment to TH7 291 469909 041 Page20f2 | 2 |
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COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the Company providing this insurance. The word insured means any person or organization qualifying as such under SECTION Il WHO IS AN INSURED. Other words and phrases that appear in bold font have special meaning. If not defined in the secton in which they first appear refer to SECTION VIl DEFINITIONS. In retun for the payment of premium and subject to all the terms of this policy we agree with you to provide the insurance as stated in this policy. INSURING AGREEMENTS SECTION COVERAGES 1. We will pay on behalf of the insured those sums in excess of the retained limit that the insured becomes legally obligated to pay as damages because of bodily injury property damage or personal and advertising injury to which this insurance applies. In addition we will pay those sums in excess of the retained limit that the insured becomes legally obligated to pay as damages because of a negligent act error or omission committed in the administration of the Named Insured s employee benefit program to which this insurance applies. The amount we will pay for damages is limited as described in SECTION Il LIMITS OF INSURANCE. 2. With respect to bodily injury property damage or personal and advertising injury this insurance applies only if a. The bodily injury or property damage occurs during the policy period or the personal and advertising injury is caused by an offense arising out of your business but only if the offense was commitied during the policy period b. The bodily injury property damage or personal and advertising injury is caused by an occurrence that takes place anywhere and c. Prior to the policy period no insured listed under Paragraph 3. of SECTION Il WHO IS AN INSURED or any employee who has been authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. 3. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 3. of SECTION Il WHO IS AN INSURED or any employee authorized by you to give or receive natice of an occurrence or claim a. Reports all or any part of such bodily injury or property damage to us or any other insurer b. Receives a written or oral demand or claim for damages because of such bodily injury or property damage or c. Becomes aware by any other means that bodily injury o property damage has occurred or has begun to occur. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission Page 1of 24 | 0 |
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If such a listed insured or authorized employee knew prior o the policy period that the bodily injury or property damage had occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. 4. Bodily injury or property damage which occurs during the policy period and which was not prior to the policy period known to have occurred of to have begun to.occur by any insured listed under Paragraph 3. of SECTION Il WHO IS AN INSURED or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. 5. If we are prevented by law or statute from directly paying damages covered by this policy on behalf of the insured then we will where permitted indemnify the Named Insured for those sums paid in excess of the retained limit. As used in Paragraphs 2.c. 3. and 4. above an insured listed under Paragraph 3. of SECTION Il WHO IS AN INSURED does not include a stockholder who is not otherwise an insured. SECTION Il WHO IS AN INSURED 1. The first named insured is an insured 2. Any organization that is a subsidiary of the first named insured and over which you maintain ownership or majority interest as of the effective date of this policy provided such organization was made known to us by the effective date of this policy and is included as an insured in underlying insurance. Coverage under this policy will be no broader than that provided by underlying insurance. 3. If you are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. c. Alimited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. d. Anorganization other than a partnership joint venture o imited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. e. Atrust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. 4. Each of the following is also an insured a. Your volunteer workers but only while performing duties related to the conduct of your business your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a co employee in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business LCU 00010118 2017 Liberty Mutual Insurance Page 2 of 24 Includes copyrighted material of Insurance Services Office Inc. with its permission | 1 |
b To the spouse child parent brother or sister of that co employee or volunteer worker as a consequence of Paragraph 1a above For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph 1a or 1b above or d Avising out of his or her providing or failing to provide professional health care services However Paragraphs 1a 1b and 1c do not apply to the extent underlying insurance provides coverage for such persons. Coverage under this policy will be no broader than that provided by underlying insurance. insurance provided by this policy for bodily injury to a co employee or volunteer worker will not apply if the injured co employee s or volunteer worker s sole remedy for such injury is provided under a workers compensalion law or any similar law. 2 Property damage to property a Owned occupied used by b Rented to in the care custody or contro of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. b. Any person other than your employee or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. d. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this policy.. Any person or organization included as an additional insured in underlying insurance. Coverage under this policy will be no broader than that provided by underlying insurance. However 1 The insurance afforded to such additional insured only applies to the extent permitted by law and 2 If coverage provided to the additional insured is required by a contract or agreement this insurance will be no broader than that which you are required by the contract or agreement o provide for such additional insured The Limits of Insurance applicable to the additional insured are included within and are not in addition to the Limits of Insurance shown in the Declarations. f. Any person while using with your permission a covered auto and any person or organization legally responsible for its use but only if that person is an insured with respect to liability arising out of the ownership maintenance use or entrustment to others of covered autos. 5. Any organization you newly acquire or form other than a partnership joint venture o limited liability company and over which you maintain ownership or majority interest will qualify as an insured under this policy if there is no other similar insurance available to that organization and that organization qualifies as an insured in underlying insurance. However LCU 00010118 2017 Liberty Mutual Insurance Page 3of 24 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
a. Coverage under this provision is afforded only until the 180 day after you acquire or form the organization or the end of the policy period whichever is earlier. However such coverage will be provided for no longer than that provided by underlying insurance and b. Coverage does not apply to any liability that occurred or offense committed before you acquired or formed the organization. Except as provided in Paragraph 5. above no person or organization is an insured with respect o the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations SECTION Il LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought c. Persons or organizations making claims or bringing suits or d. Coverages provided under this policy. 2. The General Aggregate Limit is the most we will pay for the sum of all damages covered under this policy except a. Damage included in the products completed operations hazard and b. Damage covered by underlying insurance to which no aggregate limit applies. The General Aggregate Limit applies separately and in the same manner as the aggregate limits in the underlying insurance. 3. The Products Completed Operations Aggregate Limit is the most we will pay for the sum of all damages because of bodily injury and property damage included in the products completed operations hazard. 4. Subject to Paragraphs 2. and 3. above if either applies the Each Occurrence Limit is the most we will pay for the sum of all damages covered under this policy arising out of any one occurrence. 5. If the applicable limits of insurance of underlying insurance or other insurance providing coverage to the insured are reduced or exhausted by payments of damages subject to the terms and conditions of this policy we will a. I the event of reduction pay in excess of the reduced applicable limits of underlying insurance or other insurance or b. In the event of exhaustion continue in force as underlying insurance but for no broader coverage than is available under this policy. The retained limit will not be reduced or exhausted by defense costs loss adjustment expenses supplementary payments or similar amounts that reduce or exhaust the policy limits of underlying insurance or other insurance. 6. I any underlying insurance has a limit of insurance greater than the amount shown in the Schedule of Underlying Insurance this policy will apply in excess of the greater amount. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission Page 4 of 24 | 1 |
7. 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 unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance of this policy. 8. If coverage provided to an additional insured is required by a contract or agreement we will pay on behalf of the additional insured the lesser of a. The amount of insurance required by the contract or agreement less any amounts payable by any underlying insurance or otherwise retained or b. The available applicable Limits of Insurance of this policy. SECTION IV DEFENSE AND SUPPLEMENTARY PAYMENTS 1. We will have the right and duty to defend any suit seeking damages covered by this insurance by counsel of our choice when a. The total applicable fimits of underlying insurance and other insurance have been exhausted by payment of damages covered by this policy or b. The damages sought because of bodily injury property damage personal and advertising injury or any damage arising from any actual or alieged negligent act error or omission in the administration of the Named Insured s employee benefit program to which this insurance applies would not be covered by underlying insurance or other insurance. However we have no duty to defend any suit if any other insurer has a duty to defend. 2. Ifwe have a duty to defend but are prevented by law or statute from performing that duty you agree to take up such defense and investigation. We will reimburse you for our share of the reasonable costs paid for such investigation or defense 3. We have the right but not the duty at our expense to participate in the defense of any suit and the investigation of any claim to which this insurance may apply. However if we exercise this right we will not contribute to the expenses of the insured or underlying insurer. 4. We will pay the following supplementary payments with respect to any claim we investigate or settle or any suit against the insured we defend a. All expenses we incur. b. The premium for bonds to release attachments but only for bond amounts within the applicable Limits of Insurance of this policy. We do not have to furnish these bonds. c. Al 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 earings because of time off from work but not including the salaries of the insured s employees and in no event more than 500 a day. d. All court costs taxed against the insured in the suit. e. Prejudgment interest awarded against the insured on that part of the judgment we pay. However if we make a settlement offer within the applicable Limits of Insurance of this policy that is acceptable to the claimant or make an offer to pay the applicable Limits of Insurance of this policy we will not pay any prejudgment interest accruing after we make such offer. f. Postjudgment interest awarded against the insured on that part of the judgment we pay that accrues after the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable Limits of Insurance of this policy. LCU 00 010118 2017 Liberty Mutual Insurance Page 50f 24 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 50f 24 | 1 |
These payments will not reduce the Limits of Insurance of this policy. 5. Our duty to defend any claim or suit and make any supplementary payments ends once we have exhausted the applicable Limits of Insurance of this policy by payment of judgment or setlements. SECTION V EXCLUSIONS This insurance does not apply to 1. Aircraft Any liability arising out of the ownership maintenance use or entrustment to others of any aircraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured However this exclusion does not apply to the extent underlying insurance provides such coverage. Coverage under this policy will be no broader than that provided by underlying insurance. 2. Asbestos Any liability arising or allegedly arising out of asbestos either alone or in combination with other substances or factors. 3. Auto Coverages a. Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any auto. Use includes operation and loading or unloading. However this exclusion does not apply to the extent underlying insurance provides such coverage. Coverage under this policy will be no broader than that provided by underlying insurance. b. Any loss cost o expense payable under or resulting from a first party physical damage coverage no fault law personal injury protection or auto medical payments coverage or uninsured or underinsured motorist law. 4. Contractual Liability Any obligation of the insured by reason of the assumption of liability in a contract or agreement including an insured contract. This exclusion does not apply to a. Liability for damages that the insured would have in the absence of the contract or agreement b. Bodily injury or property damage assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent o the execution of the insured contract or c. The extent underlying insurance provides coverage for personal and advertising injury assumed in an insured contract. Coverage under this policy will be no broader than that provided by underlying insurance. Solely for the purposes of liability assumed in an insured contract reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of such liabilty provided 1 The fiability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and LCU 00010118 2017 Liberty Mutual Insurance Page 6 of 24 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 6 of 24 | 1 |
2 Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. 5. Damage to Impaired Property or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of a. A defect deficiency inadequacy or dangerous condition in your product or your work or 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. 6. Damage to Property Property damage to a. Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property b. Premises you sell give away or abandon if the property damage arises out of any part of those premises c. Property loaned to you d. Personal property in the care custody or control of the insured e. That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or f. That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it Paragraph b. of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs c. d. e. and. of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraphs c. and d. of this exclusion do not apply to liability assumed under a written Trailer Interchange agreement. Paragraph f. of this exclusion does not apply to property damage included in the products completed operations hazard. 7. Damage to Your Product Property damage to your product arising out of it or any part of it. 8. Damage to Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. LCU 00010118 2017 Liberty Mutual Insurance Page 7 of 24 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 70f24 | 1 |
9. ERISA Any obligation of the insured under the Employee Retirement Income Security Act of 1974 ERISA and any amendments thereto or any similar federal state or local statute or regulation. 10. Electronic Data Any liability arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. 11. Employee Benefits Liability Any actual or alleged act error or omission in the administration of the Named Insured s employee benefit program. However this exclusion does not apply o the extent underlying insurance provides such coverage. Coverage under this policy will be no broader than that provided by underlying insurance subject to the following a. If the applicable underlying insurance applies such coverage on a claims made basis 1 This insurance applies only if a The negligent act error or omission committed in the administration of the Named Insured s employee benefit program occurs on or after the retroactive date if any provided by the underlying insurance and prior to the end of the policy period and b The claim or suit for such negligent act error o omission is first made in writing against any insured during i The policy period or ii An extended reporting period as provided by underlying insurance subject to Paragraph 2 below. 2 Any extended reporting period provided by this policy will not reinstate o increase the Limits of Insurance applicable to any claim to which this insurance applies extend the policy period o change the scope of coverage provided by this policy. b. If the applicable underlying insurance does not apply such coverage on a claim made basis this insurance applies only if the negligent act error or omission committed in the administration of the Named Insured s employee benefit program occurs during the policy period. 12. Employer s Lia Bodily injury to a. 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 b. The spouse child parent brother or sister of that employee as a consequence of Paragraph a. above This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with o repay someone else who must pay damages because of the injury. However this exclusion does not apply a. To liability assumed by the insured under an insured contract or LCU 00010118 2017 Liberty Mutual Insurance Page 8 of 24 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 8 of 24 | 1 |
b. If the bodily injury is covered by underlying insurance. Coverage under this policy will be no broader than that provided by underlying insurance. 13. Employment Related Practices a. Any liabiliy arising out of 1 Refusal to employ a person 2 Termination of a person s employment or 3 Employment related practices policies acts or omissions such as coercion demotion failure to promote evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at a person or b. Consequential bodily injury or personal and advertising injury o the spouse child parent brother or sister of that person at whom any of the employment related practices described in Paragraph a. above is directed This exclusion applies a. Whether the injury causing event described in Paragraph a. above occurs before employment during employment or after employment of a person b. Whether the insured may be liable as an employer or in any other capacity and. Toany obligation to share damages with or repay someone else who must pay damages because of the injury. 14. Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 15. Fungi or Bacteria Any liability afising out of or related in any way to fungi or bacteria the exposure to fungi or bacteria or any claims arising from fungi or bacteria. This includes but is not imited to a. Injury or damage which would not have occurred in whole or in part but for the actual alleged or threatened inhalation of ingestion of contact with exposure to existence or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed concurrently or in any sequence to such injury or damage or b Any loss cost or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. This exclusion does not apply to any fungi or bacteria that are on or are contained in a good or product intended for human or animal consumption. 16. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of a. Causing or contributing to the intoxication of any person LCU 00010118 2017 Liberty Mutual Insurance Page 9 of 24 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 9 of 24 | 1 |
b The fumishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohal or c. Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured or providing o failing to provide transportation with respect to any person that may be under the influence of alcohol if the occurrence which caused the bodily injury or property damage involved that which is described in Paragraph a. b. or c. above. This exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. However this exclusion does not apply to the extent underlying insurance provides such coverage. Coverage under this policy will be no broader than that provided by underlying insurance. We will follow underlying insurance with respect to whether or not permitiing a person to bring alcoholic beverages on your premises for consumption on your premises whether or not a fee is charged or a license is required for such activity is considered the business of selling serving or furnishing alcoholic beverages. 17. Nuclear Energy a. Any liability 1 With respect to which an insured under this policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Undenwriters 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 2 Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the insured is or had this policy not been issued would be entitied toindemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization. b. Any liability resulting from the hazardous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by o operated by or on behalf of an insured or 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 an insured ot 3 The injury or damage arises out of the furnishing by an insured of services malerials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this Paragraph 3 applies only to 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 material means source material special nuclear material or by product material. c. Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. d. Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor. LCU 00010118 2017 Liberty Mutual Insurance Page 10 0f 24 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 10 of 24 | 1 |
e. 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. f. Nuclear facility means 1 Any nuclear reactor 2 Any equipment or device designed or used for Separating the isotopes of uranium or plutonium b Processing or ulilizing spent fuel or Handling processing or packaging waste 3 Any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 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. g. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. h. Property damage includes all forms of radioactive contamination of property 18. Personal and Advertising Injury a. Caused by an offense committed by or on behalf of the insured with knowledge that the act would violate the rights of another and would inflict personal and advertising injury b. Arising out of the oral witten or electronic publication in any manner of material if done by or at the direction of the insured with knowiedge of is falsity c. Arising out of the oral written or electronic publication in any manner of material whose content in the same or substantially the same form was published before the beginning of the policy period d. Arising out of a criminal act committed by or at the direction of the insured e. Atising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement. Arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement g. Adsing out of the wrong description of the price of goods products or services stated in your advertisement LCU 00010118 2017 Liberty Mutual Insurance Page 110f 24 Includes copyrighted material of Insurance Services Office Inc.. with its permission. Page 110f 24 | 1 |
h. Arising out of infringement of or any other violation relating to copyright patent trademark trade secret or other intellectual property right. However this Paragraph h. does not apply to 1 Infringement of copyright trade dress or slogan committed in your advertisement or 2 The unauthorized use in your advertisement of another s idea for an advertisement i. Committed by an insured whose business is 1 Advertising broadcasting publishing or telecasting 2 Designing or determining content of websites for others or 3 An Internet search access content or service provider. However this Paragraph i. does not apply to Paragraphs 18.a. 18.b. and 18.c. under SECTION VIl DEFINITIONS. For purposes of this Paragraph i. the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting j. Arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control or k. 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. 19. Pollution a. Any liability arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants anywhere at any time whether included in a product or otherwise. However this exclusion does not apply to the extent underlying insurance provides coverage for liability described in Paragraphs 1 through 6 below. Coverage under this policy will be no broader than that provided by underlying insurance. 1 Bodily injury if sustained within a building which is or was at any time owned or occupied by or rented or loaned to any insured and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests 3 Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids that are needed to perform normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on ortothe premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor 4 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 LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 12 of 24 | 1 |
5 Bodily injury or property damage arising out of the escape of fuels lubricants flids exhaust gases or other similar pollutants that are needed for or result from the normal electrical hydraulic or mechanical functioning of a covered auto or its parts if a The pollutants escape seep migrate or are discharged dispersed or released directly from an auto part designed by its manufacturer to hold store receive or dispose of such pollutants and b The bodily injury or property damage does not arise out of the operation of any equipment shown in Paragraphs f.2 and.3 of the definition of mobile equipment or 6 Bodily injury or property damage caused by or resulting from occurrences that take place away from premises owned by or rented to an insured with respect to pollutants not in or upon a covered auto if a The pollutants or any property in which the pollutants are contained are upset overturned or damaged as a result of the maintenance or use of a covered auto and b The discharge dispersal seepage migration release or escape of the pollutants is caused directly by such upset overturn or damage. b. Any loss cost or expense arising out of any 1 Request demand order or statutory or regulatory requirement that any insured or ofhers 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 government authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying o neutralizing or in any way responding to or assessing the effects of pollutants. This exclusion applies regardless of whether such discharge dispersal seepage migration release or escape occurs inside or outside a building or whether such pollutant has any function in your business operations premises site or location. 20. Recall of Products Work or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 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. 21. Recording and Distribution of Material or Information in Violation of Law Any liability arising out of any action or omission that violates or is alleged to violate a. The Telephone Consumer Protection Act TCPAY including any amendment of or addition to such law b. The CAN SPAM Act of 2003 including any amendment of or addition to such law c. The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transaction Act FACTA or LCU 00010118 2017 Liberty Mutual Insurance Page 13 of 24 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 13 0f 24 | 1 |
nan nan nan nan nan nan nan nan nan nan nan nan nan nan nan | 2 |
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. 22. War Any liability however caused arising out of a. War including undeclared or civil war b. Warlike action by a miltary force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel o other agents or. Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. 23 Watercraft Any liability arising out of the ownership maintenance use or entrustment to others of any watercraft owned or operated by or rented or loaned o any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negiigence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured. However this exclusion does not apply to the extent underlying insurance provides such coverage. Coverage under this policy will be no broader than that provided by underlying insurance. 24. Workers Compensation and Similar Laws Any obligation of the insured under a workers compensation disability benefits unemployment compensation faw or any similar law. SECTION VI CONDITIONS 1. Appeals If the insured or the underlying insurers elect not to appeal a judgment we may efect to do so. If we appeal we will be fiable for all court costs expenses incurred and interest incidental 1o the appeal which will be in addition to the Limits of Insurance of this policy. However our liability for such a judgment or settlement will not exceed the Limits of Insurance of this policy. 2. Audit and Premium a. You agree to pay the premium when due. b. The Premium shown as Advance Premium on the Declarations is a flat charge unless a rate is shown. c. Ifarate is shown in the Declarations the Advance Premium shown in the Declarations is an estimated premium only. At the close of each audit period we will compute the eamed premium for that period and send notice o the first named insured. If the eamed premium is greater than Advance Premium you will promptly pay us the difference. If the eamed premium is less than the Advance Premium we will return the difference to the first named insured subject to the Minimum Retained Premium if any shown in the Declarations for each twelve months of the policy period. d. The first named insured should keep records of the information we need for premium computation and make available to us or send us this information whenever we request. e. We may examine your books and records as they relate to this policy at any time during the policy period and for up to three years after the expiration or termination of this policy LCU 00010118 2017 Liberty Mutual Insurance Page 14 of 24 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
f. We may at our option make an additional premium charge for any organization that you acquire or form during the policy period. 3. Bankruptey or Insolvency Your or any underlying insurer s bankruptcy insolvency or inability to pay shall neither relieve nor increase our obligations under this policy. However under no circumstances will such bankruptcy insolvency or inability to pay require s to drop down replace or assume any obligation of underlying insurance. This insurance will apply as if the underlying insurance were in full effect. 4. Cancellation and Nonrenewal The first named insured may cancel this policy by mailing or delivering advance written notice to us stating when cancellation is to take effect. b. We may cancel this policy by mailing or delivering to the first named insured written notice of cancellation at least 1 10 days before the effective date of cancellation if we cancel for nonpayment of premium or 2 30 days before the effective date of cancellation if we cancel for any other reason We will mail or deliver our notice to the first named insured s last mailing address known to us. c. The policy period will end on the day and hour stated in the cancellation notice. d. i we cancel final premium will be calculated pro rata based on the time the policy was actually in effect. e. If the first named insured cancels the premium refund may be less than pro rata and will be subject to the Minimum Retained Premium if any shown in the Declarations. f. Premium adjustment will be made at the time of cancellation or as soon as practicable thereafter but cancellation will be effective even if we have not made or offered any refund of unearned premium. Our check or our representative s check maited or delivered shall be sufficient tender of any refund due. g. If we decide not to renew this policy we will mail or deliver our written notice of nonrenewal to the first named insured s last mailing address known to us not less than 30 days before the policy expiration date. h. If notice is mailed proof of mailing will be sufficient proof of notice. 5. Changes This policy may be amended only by a written endorsement to this policy issued by us. 6. Duties in the Event of Occurrence Claim or Suit You must promptly notify us of any occurrence which may result in a claim or suit seeking damages under this policy. To the extent possible notice should include 1 How when and where the occurrence took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence. Notice of an occurrence is not notice of a claim. LCU 000101 18 2017 Liberty Mutual Insurance Page 15 of 24 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 15 of 24 | 1 |
b. If a claim is made or suit is brought against any insured that is reasonably likely to involve the coverage provided by this policy you must notify us in writing promptly.. You and any other involved insured also 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 any claim or suit we investigate settle or defend and 4 Upon our request assist us in the enforcement of any ight against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation make any admission or incur any expense other than for first aid without our consent. As used in this Paragraph 6. promptly means as soon as practicable after knowledge of the occurrence has been reported to an executive officer of the insured or to the employee designated by the insured to give us notice. 7. Inspection We have the right but are not obligated to inspect your premises and operations at any time. Our inspections are not safety inspections. They relate only to the insurability of your premises and operations and the premiums to be charged. We may give you reports on the conditions that we find. We may also recommend changes. However we do not undertake to perform the duty of you or any person or organization to provide for the health or safety of your employees or the public. We do not warrant the health and safety conditions of your premises or operations nor do we represent or certify that your premises or operations comply with laws regulations codes or standards. This condition applies not only to us but also o any rating advisory rate service or similar organization which makes insurance inspections surveys reports of recommendations for us 8. Legal Action Against Us No person or organization has the right under this policy a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us under this policy unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this policy or that are in excess of the applicable Limits of Insurance of this policy. An agreed settlement means a setllement and release of liabiity signed by us the insured and the claimant or the claimant s legal representative. 9. Maintenance of Underlying Insurance During the policy period you must ensure that a. Allunderlying insurance remains in effect b. The terms definitions conditions and exclusions of all underlying insurance do not materially change. Any renewals or replacements of any underlying insurance will not be more restrictive in coverage and will afford limits of insurance equal to or greater than the policy being renewed or replaced LCU 00010118 2017 Liberty Mutual Insurance Page 16 of 24 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
d. The total applicable limits of all underlying insurance do not decrease except for any reduction or exhaustion of aggregate limits by payment of judgments or settlements and e. You notify us in writing as soon as practicable if any underlying insurance is cancelled not renewed replaced or otherwise terminated or if the fimils or scope of coverage of any underlying insurance is changed. Failure to comply with these requirements will not invalidate this insurance. However in the event of such failure we will only be liable to the same extent that we would have been had you fully complied with these requirements. 10. Named Insureds a. The first named insured is authorized to act and agrees to act on behalf of all persons or organizations insured under this policy with respect to all matters pertaining to the insurance afforded by the policy. b. Each Named Insured is jointly and severally liable for 1 Al premiums due under this policy and 2 Any other financial obligations of any Named Insured to us arising out of any agreements contained in this policy. 11. Other Insurance This insurance is excess over and will not share or contribute with any other insurance whether primary excess contingent or on any other basis. However this insurance will not seek contribution from any other insurance available to an additional insured provided that a. The additional insured is a Named Insured on such other insurance b. You have agreed in a written contract or agreement with the additional insured that this insurance would not seek contribution from any other insurance available c. Underlying insurance includes the person or organization as an additional insured and d. Underlying insurance provides coverage to the person or organization on a primary and noncontributory basis. 12. Representations By accepting this policy you agree a. The statements in the Declarations are accurate complete and based on information and representations you provided or made to us b. We have issued this policy in reliance upon your information and representations. 13. Separation of Insureds Except with respect to the Limits of Insurance of this policy and any rights or duties specifically assigned to the first named insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought LCU 00010118 2017 Liberty Mutual Insurance Page 17 of 24 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 17 of 24 | 1 |
14. Terms Conformed to Statute The terms of this policy which are in conflict with the statutes laws ordinances or regulations of the state or jurisdiction where this policy is issued are amended to conform to such statutes laws ordinances of regulations. 15. Trade or Economic Sanctions This insurance applies except to the extent coverage is in violation of any trade or economic sanction embargo o similar regulation imposed by the United States of America 16. Transfer of Rights of Recovery Against Others to Us a. Ifany insured has rights to recover all or part of any payment we have made under this policy those rights are transferred to us. The insured will do all that is necessary to secure such rights and must help us enforce them. The insured will do nothing after loss to prejudice such rights. We have the right to recover our payments from anyone liable for injury or damage covered by this policy. We waive any right of recovery we may have against a person or organization if you waive any right of recovery against such a person or organization in a written contract but only if such contract was executed prior to injury or damage. b. Any recoveries shall be applied as follows 1 Any person or organization including the insured that has paid an amount in excess of the applicable Limits of Insurance of this policy will be reimbursed first 2 We then will be reimbursed up to the amount we have paid and 3 Lastly any person or organization including the insured that has paid an amount over which this policy is excess is entitled to claim the remainder. Expenses incurred by us in the exercise of the rights of recovery shall be apportioned among the persons or organizations including the insured in the ratio of their respective recoveries as finally settled. 17. Transfer of Your Rights and Duties Your rights and duties under this policy may not be transferred without our written consent If you die or are legally declared bankrupt your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. However in such event notice of cancellation of this policy sent to the first named insured and mailed to the last mailing address known to us will be sufficient notice to effect cancellation of this policy. 18. Unintentional Failure to Disclose There will be no coverage under this policy for hazards you fail to disclose at the inception of the policy period except that unintentional failure of the Named Insured to disclose all hazards existing at the inception of this policy shall not be a basis for denial of any coverage afforded by this policy. However you must report the hazard to s as soon as practical after discovering the failure to disclose. 19. When Loss is Payable Coverage under this policy will not apply unless and until the insured or the underlying insurer has paid ot is obligated to pay the full amount of the retained limit. However when an agreed setilement or final judgment has been determined we will promptly pay on behalf of the insured those sums falling within the terms of this policy. LCU 00010118 2017 Liberty Mutual Insurance Page 18 of 24 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 18 0f 24 | 1 |
You will promplly reimburse us for any amount within the Self Insured Retention paid by us on your behal. SECTION VIl DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition 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 purposes of attracting customers or supporters is considered an advertisement. 2. Auto means a. A land molor vehicle trailer or semi trailer designed for travel on public roads including any attached machinery o equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibiity law or other motor vehicle insurance law where it s licensed or principally garaged. However auto does not include mobile equipment. 3. Bodily injury means physical injury sickness or disease including death of a person. Bodily injury also means mental injury mental anguish humniliation or shock f resulting from physical injury sickness or disease to that person. 4. Covered auto means only an auto for which coverage is provided by underlying insurance. 5. Electronic data means information facts or programs stored as or on created or used on or transitted 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. 6. Employee includes a leased worker. Employee does not include a temporary worker. 7. Executive officer means a person holding any of the officer positions created by your charter constitution by laws or any other similar governing document 8. First named insured means the person or organization shown as the Named Insured in the Declarations or if more than one name appears the Named Insured listed first in the Declarations. 9. Fungi means any type or form of fungus including mold or mildew and any mycotoxins spores scents of byproducts produced o released by fungi. 10. Hostile fire means a fire that becomes uncontroliable or breaks out from where it was intended to be. 11. Impaired property means tangible property other than your product or your work that can not be used of is less useful because a. ltincorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfll 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 LCU 00010118 2017 Liberty Mutual Insurance Page 19 of 24 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 19.0f 24 | 1 |
b. Your fulfilling the terms of the contract or agreement. 12. Insured contract means a. A contract for lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement c. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement f. That part of any contract or agreement entered into as part of your business pertaining to the rental or lease by you or any of your employees of any auto. However such contract or agreement shall not be considered an insured contract o the extent that it obligates you or any of your employees to pay for property damage to any auto rented or leased by you or any of your employees or g. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization provided the bodily injury or property damage is caused in whole or in part by you or by those acting on your behalf. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraphs f. and g. above do not include that part of any contract or agreement 1 That indemnifies a railfoad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing 2 That pertains o the loan lease or rental of an auto to you or any of your employees if the auto is loaned leased or rented with a driver 3 That holds a person or organization engaged in the business of transporting property by auto for hire harmless for your use of a covered auto over a route or territory that the person or organization is authorized to serve by public authority 4 That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 5 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in Paragraph 4 above and supervisory inspection architectural or engineering activities. 13. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. LCU 00 010118 2017 Liberty Mutual Insurance Page 20 of 24 Includes copyrighted material of Insurance Services Office inc. with its permission. Page 20 of 24 | 1 |
14. Loading or unloading means the handling of property b. c. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto While it is in or on an aircraft watercraft or auto or While it is being moved from an aircraft watercraft or auto to the place where it is finally defivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. 15. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment b. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads Vehicles maintained for use solely on or next to premises you own or rent Vehicles that travel on crawler treads Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or dills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers Vehicles not described in Paragraph a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types. 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers and Vehicles not described in Paragraph 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 will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment However mobile equipment does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where such vehicles are licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. LCU 00010118 2017 Liberty Mutual Insurance Page 21 0f 24 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
16. Occurrence means with respect to a. Bodily injury or property damage an accident including continuous o repeated exposure to substantially the same general harmful conditions. All such exposure to substantially the same general harmful conditions will be deemed to arise out of one occurrence Personal and advertising Injury an offense or series of related offenses. 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 repelition thereo the number or kind of media used or the number of claimants Employee Benefits Liability an act error or omission or a series of related acts errors or omissions negligently committed in the administration of the Named Insured s employee benefit program. 17. Other insurance means any valid and collectible policies of insurance providing coverage for damages covered in whole or in part by this policy. Other insurance does not include underlying insurance any amount show in the Declarations as a Self Insured Retention or any insurance specifically written as excess over this policy. 18. Personal and adve g ing injury means injury arising out of one or more of the following offenses False arrest detention or imprisonment Malicious prosecution Wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor 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 violales a person s right of privacy The use of another s advertising idea in your advertisement or Infringing upon another s copyright trade dress or slogan in your advertisement. Bodily injury that arises out of personal and advertising injury will be considered personal and advertising injury. 19. Policy period means the period of time from the effective date of this policy shown in Item 2. of the Declarations to the earlier of the expiration termination o cancellation date of this policy. 20. Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. 21. Products completed operations hazard Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. Your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed LCU 00010118 2017 Liberty Mutual Insurance Page 22 of 24 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 22 of 24 | 1 |
b When all of the work to be done at the site has been completed if your contract calls for work at more than one job site. c When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. b. This hazard does not include bodily injury o property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you created by the loading or unloading of that vehicle by any insured or 2 The existence of tools uninstalled equipment or abandoned or unused materials. 22. Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. 23. Retained limit means as to each occurrence the greater of a. The total applicable limits of the underlying insurance plus any other insurance available to the insured or b. The Self Insured Retention shown in the Declarations as a result of any one occurrence not covered by underlying insurance nor any other insurance. The Self Insured Retention does not apply to occurrences that would have been covered by underlying insurance but for the exhaustion of applicable limits. 24. Spouse means any husband wife or partner in a marriage or civil union or any person qualifying as a domestic partner under any federal state or local laws or under the Named Insured s employee benefit program. 25. Suit means a civil proceeding in which damages because of any liability to which this insurance applies are alleged. Suit includes a. Anarbitration proceeding in which such damages are claimed and can be awarded and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and can be awarded and to which the insured submits with our consent. 26. 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. 27. Underlying insurance means the policy or policies of insurance or self insurance listed in the Declarations under the Schedule of Underlying Insurance. 28. Underlying insurer means any insurer who provides underlying insurance. LCu 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 23 of 24 | 1 |
29. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and who is not paid a fee salary or other compensation by you or anyone else for their work performed for you. 30. Your product a. c. 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 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 o products Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. Does not include vending machines or other property rented to or located for the use of others but not sold. 31. Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts o equipment furnished in connection with such work or operations. Includes 1 Warranties or representalions made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 24 of 24 | 1 |
Policy Number TH7 Z91 469909 041 Issued by Liberty Insurance Corporation THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MISSOURI CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following COMMERCIAL LIAILIW UMBRELLA COVERAGE FORM Paragraphs 4. b. 4.e. and 4. g. of SECTION VI CONDITIONS are deleted and replaced by the following 4. Cancellation and Nonrenewal b. We may cancel this policy by mailing or delivering to the first named insured s last mailing address known to us written notice of cancellation stating the reason for cancellation at least 1 10 days before the effective date of cancellation if we cancel for nonpayment of premium or 2 30 days before the effective date of cancellation if cancellation s for one or more of the following reasons a Fraud or material misrepresentation affecting this policy or a claim filed under this policy or a violation of any of the terms or conditions of this policy b Changes in conditions after the effective date of this policy which have materially increased the risk assumed c We become insolvent or d We involuntarily lose the reinsurance for this policy or 3 60 days before the effective date of cancellation if we cancel for any other reason. e. Ifthe first named insured cancels the premium refund will be 90 of the pro rata uneamed premium rounded to the next higher whole dollar. However when such cancellation takes place during the first year of a mutiyear prepaid policy we will return the full annual premium for the subsequent years. The refund will be less than 90 of the pro rata unearned premium if the refund of such amount would reduce the premium retained by us to an amount less than the Minimum Retained Premium if any shown in the Declarations g. If we decide not to renew this policy we will mail or deiver to the first named insured s last mailing address known to us written notice of nonrenewal stating the reason for nonrenewal at least 60 days prior to the effective date of the nonrenewal. LCU 02190118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 10f 1 | 2 |
Policy Number TH7 291 469909 041 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PROFESSIONAL HEALTH CARE SERVICES BY EMPLOYEES OR VOLUNTEER WORKERS COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. Paragraph 4.a.1d of SECTION Il WHO IS AN INSURED is deleted and replaced by the following d Arising out of his or her providing or failing to provide professional health care services. However any employee or volunteer worker of the Named Insured who is a designated health care provider is an insured under this policy with respect to bodily injury or personal and advertising injury that i Arises out of the providing of or failure to provide professional health care services and i Occurs in the course of and within the scope of such employee s or volunteer worker s employment by the Named Insured. B. With respect to coverage provided to employees and volunteer workers providing professional health care services the following exclusion is added to SECTION V EXCLUSIONS Professional Health Care Services by Employees and Volunteer Workers Any bodily injury or personal and advertising injury arising out of a. Liabilty assumed under an insured contract or any other contract or agreement b Liability arising out of the providing of professional health care services in violation of law c. Liability arising out of the providing of professional health care services while in any degree under the influence of intoxicants or narcotics d. Liability arising out of any dishonest fraudulent malicious or knowingly wrongful act o failure to act or e. Punitive or exemplary damages fines or penalties. C. The following definition is added to SECTION Vil DEFINITIONS Designated health care provider means any employee o volunteer worker of the Named Insured whose duties include providing professional health care services including but not limited to doctors nurses emergency medical technicians or designated first aid personnel. LCU 0407 0118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 10f 1 | 2 |
Policy Number TH7 291 469909 041 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS PROFESSIONAL LIABILITY EXCLUSION MEANS AND METHODS EXCEPTION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following exclusion is added to SECTION V EXCLUSIONS Contractors Professional Liability Any liability arising out of the rendering of of failure to render any professional services by you or on your behalf but only with respect to either or both of the following operations a. Providing engineering architectural or surveying services to others in your capacily as an engineer architect or surveyor and b. Providing or hiring independent professionals to provide engineering architectural or surveying services in connection with construction work you perform 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. For the purposes of this endorsement a. Subject to Paragraph b. below professional services include but are not limited to 1 The preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications and 2 Supenvisory or inspection activities performed as part of any related architectural or engineering activities b. Professional services do not include services within construction means methods techniques sequences and procedures employed by you in connection with your operations in your capacity as a construction contractor. Page 1 of 1 LCU 21050118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Policy Number TH7 291 469909 041 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SILICA OR SILICA RELATED DUST EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following exclusion is added to SECTION V EXCLUSIONS Silica or Silica Related Dust a. Bodily injury arising in whole or in part out of the actual alleged threatened or suspected inhalation of or ingestion of silica or silica related dust. b. Property damage arising in whole or in part out of the actual alleged threatened or suspected contact with exposure fo existence of or presence of silica or silica related dust. c. Personal and advertising injury arising in whole or in part out of the actual alleged threatened or suspected inhalation of ingestion of contact with exposure to existence of or presence of silica or silica related dust. d. Any loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediation or disposing of or in any way responding to or assessing the effects of silica or silica related dust by any insured or by any other person or entity For the purpose of this endorsement a. Silica means siicon dioxide occurring in crystalline amorphous and impure forms silica particles silica dust or silica compounds. b. Si a related dust means a mixture or combination of silica and other dust or particles. Lcu 21190118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 10f 1 | 2 |
Policy Number TH7 Z91 469909 041 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LEAD EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following exclusion is added to SECTION V EXCLUSIONS Lead a. Any actual or alleged liability damages loss or injury that results directly or indirectly from the ingestion inhalation exposure to or absorption of lead in any form or to any claims o suits arising from lead b. Any actual or alleged property damage that results directly or indirectly from lead or the exposure to lead in any form or to any claims or suits arising from lead c. Any loss cost or expense arising out of any 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 lead in any form or d. Any loss cost or expense arising out of any claim or suit by or on behalf of a governmental authority for damages resulting from testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of lead in any form LCU 211220118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 10f 1 | 2 |
Policy Number TH7 291 469909 041 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXTERIOR INSULATING FINISH SYSTEM EIFS EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following exclusion is added to SECTION V EXCLUSIONS Exterior Insulating Finish System EIFS Any liability arising or allegedly arising out of the manufacturing supplying installing applying or maintaining of an exterior insulating finish system. This exclusion applies whether or not the manufacturing supplying installing applying or maintaining of an exterior insulating finish system is part of your business or operations. LCU 211380118 2017 Liberty Mutual Insurance includes copyrighted material of Insurance Services Office Inc. with its permission. Page 10f 1 | 2 |
Policy Number TH7 291 469908 041 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MOLD AND MOLD RELATED CONSTRUCTION DEFECT EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following is added to Paragraph 1. of SECTION IV DEFENSE AND SUPPLEMENTARY PAYMENTS If a suit against the insured seeks damages because of bodily injury property damage or personal and advertising injury to which this insurance applies as well as damage because of bodily injury property damage or personal and advertising injury to which this insurance does not apply because of exclusion 15. Fungi or Bacteria of SECTION V EXCLUSIONS we shall have no obligation to defend the insured against the suit or pay any related Supplementary Payments. Page 1 of 1 LCU 211410118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Policy Number TH7 291 469909 041 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED OPERATIONS EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Schedule Description of Designated Operations All locations and operations subject to a wrap up insurance program or other consolidated insurance program Designated Location If Applicable The following exclusion is added to SECTION V EXCLUSIONS Designated Operations Any liability arising out of or allegedly arising out of the operations described in the Schedule of this endorsement regardless of whether such operations are or were conducted by you or on your behalf or whether the operations are or were conducted for you or for others. Unless a location is designated in the Schedule this exclusion applies regardless of where such operations are conducted. If a location is designated in the Schedule this exclusion applies only to the described operations conducted at that location. For the purposes of this endorsement location means premises involving the same or connecting lots or premises whose connection is interrupted only by a street roadway waterway or right of way of 2 railroad. LCU 21350118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 Z91 469908 041 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED OPERATIONS COVERED BY A CONSOLIDATED WRAP UP INSURANCE PROGRAM EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following exclusion is added to SECTION V EXCLUSIONS Designated Operations Covered by a Consolidated Wrap Up Insurance Program Any liability arising out of either your ongoing operations or operations included within the products completed operations hazard at the location described in the Schedule of this endorsement. Listing a location in the Schedule of this endorsement means you have advised us that a consolidated wrap up insurance program has been provided by the prime contractor project manager or owner of the construction project in which you are involved at that location. This exclusion applies whether or not the consolidated wrap up insurance program 1 Provides coverage identical to that provided by this policy 2 Has limits adequate to cover all claims or 3 Remains In effect. Schedule Description and Location of Operations All locations and opertions subject to a wrap up insurance program or other consolidated insurance program. Page 1 0of 1 LCU 21400118 2017 Liberty Mutval Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
Policy Number TH7 291 469909 041 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DAMAGE FIRST OCCURRING PRIOR TO POLICY PERIOD EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following exclusion is added to SECTION V EXCLUSIONS Damage First Occurring Prior to Policy Period This insurance does not apply to bodily injury or property damage within the products completed operations hazard if the injury or damage first occurred prior to the effective date of this policy. LCU 21470118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 Z91 469909 041 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UNDERLYING INSURANCE WITH SUBLIMIT EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following exclusion is added to SECTION V EXCLUSIONS Underlying Insurance with Sublimit Any liability covered by underlying insurance which is subject to a limit or sublimit of insurance that is lower than the amount listed as the limit of insurance on the Schedule of Underlying Insurance. LCU 21530118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 0f 1 | 2 |
Policy Number TH7 Z91 469909 041 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONSTRUCTION MANAGEMENT ERRORS AND OMISSIONS EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following exclusion is added to SECTION V EXCLUSIONS Construction Management Errors and Omissions Any liability arising out of a. The preparing approving or failure to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications by any architect engineer or surveyor performing services on a project on which you serve as construction manager or b. Inspection supervision quality control architectural or engineering activities done by or for you on a project on which you serve as construction manager. 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. This exclusion does not apply if the liability is due to construction or demolition work done by you your employees or your subcontractors. LCU 2156 0118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. wilh its permission. Page 1 of 1 | 2 |
Policy Number TH7 291 469909 041 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UNLAWFUL DISCRIMINATION EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following exclusion is added to SECTION V EXCLUSIONS Unlawful Discrimination Any liability arising out of unlawful discrimination. Page 10f 1 LCU 21790618 2018 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Policy Number TH7 291 469908 041 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RESIDENTIAL CONSTRUCTION OPERATIONS EXCLUSION WITH COMMERCIAL NON RESIDENTIAL USE EXCEPTION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following exclusion is added to SECTION V EXCLUSIONS Residential Construction Operations Any liability arising out of residential construction operations whether ongoing or completed. If a residential construction project includes a component that is intended for commercial non residential use this exclusion shall not apply to that portion of the structure or project. For the purposes of this endorsement residential construction includes but is not limited to construction reconstruction demolition remodeling or repair of any phase of construction or site preparation for the following types of residential structures single or multi family dwellings tract homes apartments townhomes condominiums or any mixed use structures with a residential component but does not include hotels motels assisted living facilities nursing homes college campus dormitories or government housing on military bases. Page 1 of 1 LCU 21830118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Policy Number TH7 291 469809 041 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY EXCLUSION WITH LIMITED BODILY INJURY EXCEPTION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. Exclusion 10. of SECTION V EXCLUSIONS is deleted. B. The following exclusion is added to SECTION V EXCLUSIONS Access or Disclosure of Confidential or Personal Information and Data Related Liability Any liability arising out of a. Any access to or the actual threatened or potential release disclosure or distribution of any person s or organization s confidential or personal information including but not limited to 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 0ss cost or expense incurred by you or others arising out of that which is described in Paragraph a. or b. above. However this exclusion does not apply to damages because of bodily injury arising from the loss of foss of use of damage to corruption of inability to access or inability to manipulate electronic data. Page 1 of 1 Lcu 21850118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Policy Number TH7 291 469908 041 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Paragraph a. of Condition 16. Transfer of Rights of Recovery Against Others to Us of SECTION Vi CONDITIONS is deleted and replaced by the following a. If any insured has rights to recover all or part of any payment we have made under this policy those rights are transferred to us. The insured will do all that is necessary to secure such rights and must help us enforce them. The insured will do nothing after loss to prejudice such rights. We have the right to recover our payments from anyone liable for injury or damage covered by this policy. We waive any right of recovery we may have against the person or organization listed in the Schedule of this endorsement if you waive any right of recovery against such a person or organization in a written contract but only if such contract was executed prior to injury or damage. Schedule Person or Organization As required by written contract or agreement entered into prior to loss. Page 10f 1 LCU 24070118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
Policy Number TH7 291 469909 041 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FOREIGN LIABILITY LIMITATION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. For the purpose of this endorsement Paragraph 2.b. of SECTION COVERAGES is deleted and replaced by the following b. The bodily injury property damage or personal and advertising injury is caused by an occurrence and B. The following exclusion is added to SECTION V EXCLUSIONS Foreign Liability Any liability caused by an occurrence that takes place outside of the United States of America including its territories and possessions Puerto Rico and Canada However this exclusion does not apply to the extent underlying insurance provides such coverage. Coverage under this policy will be no broader than that provided by underlying insurance. Page 10f 1 LCU 24090819 2019 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Policy Number TH7 291 469909 041 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA LIMITATION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Exclusion 15. of SECTION V EXCLUSIONS is deleted and replaced by the following 15. Fungi or Bacteria Any liability arising out of or related in any way to fungi or bacteria the exposure to fungi or bacteria or any claims arising from fungi or bacteria. This includes but is not limited to a. Injury or damage which would not have occurred in whole or in part but for the actual alleged or threatened inhalation of ingestion of contact with exposure to existence or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed concurrently or in any sequence to such injury or damage or b. Any loss cost or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remedating 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. However this exclusion does not apply to a. Any fungi or bacteria that are on or are contained in a good or product intended for human or animal consumption or b. The extent underlying insurance provides such coverage. Coverage under this policy will be no broader than that provided by underlying insurance. LCU 24260118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 Z91 469909 041 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITED CONTRACTUAL LIABILITY RAILROADS This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Schedule Scheduled Railroad Any railroad for which you are performing operations and for which no Railroad Protective Liability Policy has been purchased for the railroad by you or any railroad for which your work has been completed or put to its intended use. Designated Job Site All jobsites With respect to operations performed for or affecting a Scheduled Railroad at a Designated Job Site Definition 12. of SECTION VII DEFINITIONS is deleted and replaced by the following 12. Insured contract means a. A contract for lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you wilh permission of the owner is not an insured contract b. Asidetrack agreement c. Any easement or license agreement d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. Anelevator maintenance agreement f. That part of any contract o agreement entered into as part of your business pertaining to the rental or lease by you or any of your employees of any auto. However such contract or agreement shall not be considered an insured contract to the extent that it obligates you or any of your employees to pay for property damage to any auto rented or leased by you or any of your employees ot g. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liabiity of another party o pay for bodily injury or property damage to a third person or organization provided the bodily injury or property damage is caused in whole or in part by you or by those acting on your behalf. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement Paragraphs f. and g. above do not include that part of any contract or agreement 1 That pertains to the loan lease or rental of an auto to you or any of your employees if the auto is loaned leased or rented with a driver 2 That holds a person or organization engaged in the business of transporting property by auto for hire harmless for your use of a covered auto over a route or territory that the person or organization is authorized to serve by public authority LCU 24280118 2017 Liberty Mutual Insurance Page 10f 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
3 That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving o failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 4 Under which the insured if an architect engineer or surveyor assumes liabilty for an injury or damage arising out of the insured s rendering of failure to render professional services including those listed in Paragraph 3 above and supervisory inspection architectural or engineering activities. Page 2012 LCU 24280118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
Policy Number TH7 291 469908 041 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED LOCATION AND DESIGNATED CONSTRUCTION PROJECT GENERAL AGGREGATE LIMIT WITH OPTIONAL CAPPED AGGREGATE LIMIT This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Schedule Designated Locations Al locations and all construction projects at which you are performing ongoing operations. Designated Construction Projects All locations and all construction projects at which you are performing ongoing operations. Capped Aggregate Limit for All Designated Locations and Designated Construction Projects 10000000 A. For the purposes of this endorsement SECTION Ill LIMITS OF INSURANCE is amended as follows 1. Paragraph 2. is deleted and replaced by the following 2. A separate Designated General Aggregate Limit applies to each designated location and each designated construction project and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations to the extent underlying insurance provides a designated per location or designated per construction project aggregate or similar limit The Designated General Aggregate Limit is the most we will pay for the sum of all damages for bodily injury or property damage which can be attributed only to ongoing operations at a single designated location or single designated construction project shown in the Schedule of this endorsement. The Designated General Aggregate Limit does not include a. Damage included in the products completed operations hazard and b. Damage covered by underlying insurance to which no aggregate limit applies. For each Designated Location and each Designated Construction Project shown in the Schedule of this endorsement the applicable Designated General Aggregate Limit is subject to the Capped Aggregate Limit for All Designated Locations and Designated Construction Projects shown in the Schedule of this endorsement if any. 2. The following provision is added to Paragraph 4 The Each Occurrence Limit shown in the Declarations continues to apply. However instead of being subject to the General Aggregate Limit shown in the Declarations the Each Occurrence Limit will be subject to the applicable Designated General Aggregate Limit for each designated location or designated construction project and to the Capped Aggregate Limit for All Designated Locations and Designated Construction Projects shown in the Schedule of this endorsement if any. LCU 25050518 2018 Liberty Mutual Insurance Page 10f 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
B. Any payments made for damages because of bodily injury or property damage shall reduce the Designated General Aggregate Limit for that designated location or designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated General Aggregate Limit for any other designated location or designated construction project shown in the Schedule of this endorsement. The Capped Aggregate Limit for All Designated Locations and Designated Construction Projects shown in the Schedule of this endorsement if any is the most we will pay for al damages because of bodily injury or property damage attributable to any Designated General Aggregales for a location or construction project. C. For all sums which the insured becomes legally obligated to pay as damages because of bodily injury or property damage caused by occurrences which cannol be attributed only to ongoing operations at a single location or single construction project shown in the Schedule of this endorsement 1. Any payments made for damages shall reduce the amount available under this policy s General Aggregate Limit or Products Completed Operations Aggregate Limit whichever is applicable and 2. Such payments shall not reduce any Designated General Aggregate Limit nor shall they reduce the Capped Aggregate Limit for All Designated Locations and Designated Construction Projects. D. If the applicable designated construction project has been abandoned delayed or abandoned and then restarted or if the authorized contracting parties deviate from plans blueprints designs specifications or timetables the project wil stil be deemed to be the same construction project E. For the purposes of this endorsement Location means any premises that you accupy for permanent operations as part of your business but does not include any premises at which you are performing operations as part of a construction project. All premises involving the same or connecting lots or premises whose connection is interrupted only by a street roadway waterway or right of way of a railroad shall be considered a single location. LCU 250505 18 2018 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 20f2 | 2 |
Policy Number TH7 291 469909 041 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NON CUMULATION OF LIABILITY SAME OCCURRENCE This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. The following is added to Paragraph 4. of SECTION lll LIMITS OF INSURANCE If one occurrence causes bodily injury andor property damage during the policy period and during the policy period of one or more prior andor future umbrella or excess liability policyies issued to you by us then this policy s Each Occurrence Limit will be reduced by the amount of each payment made by us under the other policyies because of such occurrence. This paragraph will not apply to instrance specifically wiitten as excess over this policy. If one occurrence causes personal and advertising Injury to which this policy applies and to which one or more prior andor future umbrella or excess liability policyies issued to you by us also applies then this policy s Each Occurrence Limit will be reduced by the amount of each payment made by us under the other policyies because of such occurrence. This paragraph will not apply to insurance specifically written as excess over this policy. B. Paragraph 7. of SECTION IIl LIMITS OF INSURANCE is deleted and replaced by the following The Limits of Insurance of this policy apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the aggregate Limits of Insurance. However the Each Occurrence Limit is the most we will pay for damages because of all bodily Injury property damage and personal and advertising injury arising out of any one occurrence regardiess of the length of the policy period. LCU 25090118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 Z91 469909 041 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TOTAL POLLUTION EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Exclusion 19. of SECTION V EXCLUSIONS is deleted and replaced by the following 19. Pollution a. Any liability arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants anywhere at any time whether included in a product or otherwise. b. Any loss cost or expense arising out of any 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 government authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. This exclusion applies regardless of whether such discharge dispersal seepage. migration release or escape occurs inside or outside a building or whether such pollutant has any function in your business operations premises site or location. LCU 26 010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Offce Inc. with its permission. Page 10f 1 | 2 |
Policy Number TH7 291 469909 041 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CRISIS MANAGEMENT COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Schedule Crisis Management Expense Aggregate Limit 250000 Liberty Mutual Preferred Public Relations Vendor Weber Shandwick Liberty Mutual Claims 1 800 362 0000 For purposes of coverage afforded by this endorsement only A. The following is added to SECTION COVERAGES CRISIS MANAGEMENT We will pay those sums necessary to reimburse you or pay on your behalf crisis management expenses arising from an insured crisis event to which this insurance applies. However This insurance applies only if 1 The insured crisis event commences during the policy period 2 The insured crisis event did not arise out of any fact circumstance pre existing condition o situation that you prior to the inception date of this policy knew or reasonably should have known could lead to cause or result in an insured crisis event 3 You nolify us by telephone at the number listed for Liberty Mutual Claims as shown in the Schedule above within 7 days of the insured crisis event 4 The crisis management expenses are first incurred within 15 days after the insured crisis event commences 5 The crisis management expenses are not incurred more than 120 days after the commencement of the insured crisis event and 6 A claim for reimbursement of crisis management expenses is submitted within 120 days after incurring such crisis management expenses. We will have no duty under this Crisis Management Coverage to defend the insured against any claim suit or action seeking damages Payment of any crisis management expenses under the Crisis Management Coverage endorsement is in addition to and will not reduce any other Limits of Insurance under this policy and will not be determinative of our obligations under this policy with respect to any claim or suit including any duty to defend or indemnify any insured for such claim or suit. LCU 32750118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 10f 4 | 2 |
d. The amount we will pay is limited as described in Paragraph B. of the Crisis Management Coverage endorsement. e. Aninsured crisis event will be deemed to commence at the time when any of your key executives first become aware of the man made emergency situation that resulted in the insured crisis event. B. The following is added to SECTION Ill LIMITS OF INSURANCE The Crisis Management Expense Aggregate Limit shown in the Schedule of the Crisis Management Coverage endorsement is the most we will pay for the sum of all crisis management expenses to which this endorsement applies regardiess of the number of 1. Insureds 2. Insured crisis events 3. Persons or organizations making claims. C. The following is added to SECTION V EXCLUSIONS Newly Acquired or Formed Organizations Crisis management expenses incurred by any organization you newly acquire control o form if the insured crisis event which led o such crisis management expenses commenced before you acquired controlled or formed such organization Infectious Diseases or liinesses Crisis management expenses arising out of any infectious diseases or ilinesses caused by any bacterium virus or fungus. However this exclusion does not apply to crisis management expenses arising out of food borne illnesses. Intentional Acts by You Intentional acts by you or your employees provided that such acts were performed with the knowledge that it would directly lead to an insured crisis event. D. The following are added to SECTION VIl DEFINITIONS Insured crisis event means an occurrence resulting from a man made emergency situation including but not limited to a. Intentional acts except those committed by you or your employees such as arson a bombing the taking of hostages a mass shooting or terrorism if coverage under the Terrorism Risk Insurance Act is elected under the policy b. A buiding structure or equipment collapse c. Anautomobile watercratt or aircraft accident d. Spread of food borne iliness or e. An explosion that a key executive reasonably believed in good faith has resulted or may result in a. 1 Damages. in excess of the retained limit because of bodily injury or property damage to which this insurance applies or LCU 32750118 2017 Liberty Mutual Insurance Page 20f 4 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 2 of 4 | 2 |
b. 2 Multiple deaths burns dismemberment injuries traumatic brain injuries permanent paralysis injuries and Significant adverse regional or national media coverage about you Crisis management expenses Means the following reasonable and necessary fees and expenses following an insured crisis event 1 Expenses incurred directly by our Schedule for the purpose of maintai iberty Mutual Preferred Public Relations Vendor shown in the ing and restoring public confidence in you. 2 Expenses incurred by the public relations vendor that was held on retainer by you at the time of the insured crisis event for providing public relations and media management services but only for those expenses required for the purpose of maintaining and restoring public confidence in you related to the insured crisis event. 3 Expenses incurred directly by your operations for the purpose of maintaining and restoring public confidence in you. These expenses may include printing advertising or mailing of materials to manage reputational risk. 4 Costs of overtime paid to your regular non salaried employees and costs incurred by your employees including costs of transportation and accommodations for the purpose of providing public relations and media services. 5 Expenses you advance to third parties directly harmed by the insured crisis event for the purpose of mitigating the harm. These expenses may include funeral psychological or grief counseling temporary living and travel expenses. Does not include 1 Any damages imposed upon any insured including but not limited to any fine sanction penalty or punitive or exemplary damages plus any equitable injunctive or other non monetary relief. 2 Any expenses you incur in the investigation defense or settlement of a claim or suit for bodily injury property damage or personal and advertising injury arising out of an insured crisis event. 3 The base salary or wages of any of your employees. 4 Any ransom payment or other expense incurred to meet a demand made to redeem a hostage or captive. 5 Expenses incurred by any public relations or crisis management firm that is not listed as a Liberty Mutual Preferred Public Relations Vendor in the Schedule or that was not held on retainer by you at the time of the insured crisis event. 6 Any retainers or other contracted fees you paid a professional crisis management firm public refations media relations or similar firm prior to an insured crisis event. 7 Damages arising out of any employment related practices such as refusal to employ termination or any other practices policies acts o omissions such as coercion demotion failure to promote evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at any person. Key executive means Chief Executive Officer LCU32750118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 3of 4 | 2 |
b. Chief Operating Officer c. Chief Financial Officer d. President e. General Counsel or Chief Legal Officer f. General Partner if you are a partnership or Sole Proprietor if you are a proprietorship 9. Any person acting in the same capacity as any position listed in Paragraphs a. through e. above and h. Any risk manager responsible for insurance matters or any other lawfully elected or appointed executive officer official director trustee or commissioner that is responsible for insurance matters. The following is added to SECTION VI CONDITIONS Duties in the Event of an Insured Crisis Event a. Inthe event you did not have a public relations or crisis management firm held on retainer at the time of the insured crisis event and would like to utilize a Liberty Mutual Preferred Public Relations Vendor you must notify both the Liberty Mutual Preferred Public Relations Vendor and Liberty Mutual Claims at the phone number listed in the Schedule within 7 days of an insured crisis event. Due to the emergent nature of claims under this coverage there may be circumstances in which expenses are incurred by a Liberty Mutual Preferred Public Relations Vendor prior to our having the opportunity to determine whether those expenses will be covered under this policy. In those circumstances we will reimburse or pay expenses incurred for services from our Liberty Mutual Preferred Public Relations Vendor prior to our making a coverage determination. We reserve the right to decline expenses incurred after we have informed you that the claim is not covered b. In the event you choose to use the public relations or crisis management vendor that you held on retainer at the time of the insured crisis event you must notify Liberty Mutual Claims at the phone number listed in the Schedule within 7 days of an insured crisis event. Additionally you must provide us with written notice as soon as practicable. To the extent possible such written notice should include 1 How when and where the insured crisis event took place 2 The names and addresses of any affected parties and witnesses and 3 The nature and location of any injury or damage arising out of the insured crisis event. However no claim will be denied based upon the insured s failure to provide notice within such specified time unless this failure operates to prejudice the rights of the insurer per Missouri regulation 20 CSR 100 1.020. Lcu 32750118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission Page 4of 4 | 2 |
Policy Number TH7 Z91 469909 041 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CERTIFIED ACTS OF TERRORISM EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. The following exclusion is added to SECTION V EXCLUSIONS Terrorism Any injury or damage arising directly or indirectly out of a certified act of terrorism. B. The following definitions are added to SECTION VIl DEFINITIONS Any injury or damage means any injury or damage covered by this insurance in excess of the underlying insurance and includes but is not limited to bodily injury property damage or personal and advertising injury as may be defined in this policy or underlying insurance. 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 to be an act of terrorism pursuant to such Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate atiributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. 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 injury or damage that is otherwise excluded under this policy. LCU 60 050118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number TH7 Z91 469908 041 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KNOWLEDGE OF OCCURRENCE This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM With respect to any duty to report an occurrence claim or suit under this policy knowledge of an occurrence claim or suit by your agent servant or employee will not in itself constitute knowledge by you unless your executive officer or the employee or other third party designated by you to noltify s of an occurrence claim or suit has knowledge of the occurrence claim or suit. LCU 9908 0118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 10f 1 | 2 |
Policy Number TH7 Z91 469909 041 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO THIRD PARTIES This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Schedule Name of Other Persons Email Address or Mailing Address Number of Days Organizations As per underlying As per underlying As per underl Name of Other Persons Organizations As per underlying Number of Days Notice As per underlying A. If we cancel this policy for any reason other than nonpayment of premium we will notify the persons or organizations shown in the Schedule of this endorsement. We will send notice to the email or mailing address listed above at least 10 days or the number of days listed above if any before the cancellation becomes effective. In no event shall the notice period applicable to the third party exceed the notice to the first named insured. B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy. LCU 99 16 0118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Liberty Mutual Group and its affiliates subsidiaries and partners collectively Liberty Mutual or we LIBERTY MUTUAL GROUP CALIFORNIA PRIVACY NOTICE Commercial Lines excluding Workers Compensation Effective January 1 2020 our provide insurance to companies and other insurers. This Privacy Notice explains how we gather use and share your data. This Privacy Notice applies to you if you are a Liberty Mutual commercial line insured or are a commercial line claimant residing in California. It does not apply to covered employees or claimants under Workers Compensation policies. If this notice does not apply to you go to libertymutual.comprivacy to review the applicable Liberty Mutual privacy notice. What Data Does Liberty Mutual Gather We may collect the following categories of data dentifiers including a real name alias postal address unique personal identifier online identifier Internet Protoco address email address account name Social Security Number driver s license number or other similar identifie Personal information described in California Civil Code 1798.80 such as your name signature Social Security Number physical characteristics or description address telephone number driver s license or state identification card number insurance policy number education employment employment history bank account number financial information medical information or health insurance information Protected classification characteristics including age race color national origin cilizenship religion or creed marital status medical condition physical or mental disability sex including gender gender identity gender expression pregnancy or childbirth and related medical conditions sexual orientation or veteran or military status Commercial information including records of personal property products or services purchased obtained or considered or other purchasing or consuming histories and tendencies Internet or other similar network activity including browsing history search history information on a consumer s interaction with a website application or advertisement Professional or employment related information including current or past job history or performance evaluations Inferences drawn from other personal information such as a profile reflecting a person s preferences characteristics psychological ltrends predispositions behavior attitudes intelligence abilities and aplitudes Risk data including data about your driving andor accident history this may include data from consumer reporting agencies such as your motor vehicle records and loss history information health data or criminal convictions and Claims data including data about your previous and current claims which may include data regarding your health criminal convictions third party reports or other personal data. For information about the types of personal data we have collected about California consumers in the past twelve 12 months please go to libertymutual.comprivacy and click on the link for the California Supplemental Privacy Policy. How We Get the Personal Data We gather your personal data directly from We also gather your personal data from other people. For you. For example you provide us with data example when you ask about buy insurance or file a claim your insurance agent or broker pay your policy your employer association or business if you are insured through them visit our websites call us or visit our office our affiliates or other insurance companies about your transactions with them SNI04 010120 2019 Liberty Mutual Insurance Page 10f 6 | 2 |
consumer reporting agencies Motor Vehicle Departments and inspection services to gather your credit history driving record claims history or value and condition of your property other public directories and sources third parties including other insurers brokers and insurance support organizations who you have communicated with about your policy or claim anti fraud databases sanctions lists court judgments and other databases government agencies open electoral register or in the event of a claim third parties including other parties to the claim witnesses expert loss adjustors and claim handlers other third parties who take out a policy with us and are required to provide your data such as when you are named as a beneficiary or where a family member has taken out a policy which requires your personal data For information about how we have collected per libertymutual.comprivacy and click on the link for the How Does Liberty Mutual Use My Data Liberty Mutual uses your data to provide you with o Privacy Notice. Your data may be used to sonal data in the past twelve 12 months please go to California Supplemental Privacy Policy. ur products and services and as otherwise provided in this Business Purpose Data Categories Market sell and provide insurance. This includes Identifiers for example Personal Information calculating your premium Protected Classification Characteristics determining your eligibility for a quote Commercial Information confirming your identity and service your Internet or other similar network activity policy Professional or employment related information Inferences drawn from other personal information Risk data Claims data Manage your claim. This includes for example Identifiers managing your claim if any Personal Information conducting claims investigations Protected Classification Characteristics conducting medical examination Commercial Information conducting inspections appraisal Internet or other similar network activity providing roadside assistance Professional or employment related information providing rental car replacement or repairs Inferences drawn from other personal information Risk data Claims data Day to Day Business and Insurance Operations. Identifiers This includes for example Personal Information crealing maintaining customizing and Protected Classification Characteristics securing accounts Commercial Information supporting day to day business and Internet or other similar network activity insurance related functions Professional or employment related information doing internal research for technology Inferences drawn from other personal information development Risk data marketing and creating products and Claims data services conducting audits related to a current contact with a consumer and other transactions SNI04 010120 2019 Liber ty Mutual Insurance Page 206 Claims data | 2 |
35 described at or before the point of gathering personal data or with your authorization Security and Fraud Detection. This includes for Identifiers example Personal Information detecting security issues Protected Classification Characteristics protecting against fraud or ilegal activity and Commercial Information to comply with regulatory and law Internet o other similar network activity enforcement authorities Professional or employment related information managing risk and securing our systems Inferences drawn from other personal information assets infrastructure and premises roadside Risk data assistance rental car replacement of repairs Claims data help to ensure the safety and security of Liberty staff assets and resources which may include physical and virtual access controls and access rights management supervisory controls and other monitoring and reviews as permitted by law and emergency and business continuity management Regulatory and Legal Requirements. This includes Identifiers for example Personal Information controls and access rights management Protected Classification Characteristics toevaluate or conduct a merger divestiture Commercial Information restructuring reorganization dissolution or Internet or other similar network activity other sale or transfer of some or all of Professional or employment related information Liberty s assets whether as a going concer Inferences drawn from other personal information or as part of bankruplcy liquidation or similar Risk data proceeding in which personal data held by Claims data Liberty is among the assets transferred exercising and defending our legal rights and positions o meet Liberty contract obligations torespond to law enforcement requests and as required by applicable law court order or governmental regulations as otherwise permitted by law. Improve Your Customer Experience and Our Identifiers Products. This includes for example Personal Information improve your customer experience our Commercial Information products and service Internet or other similar network activity 10 provide support personalize and develop Professional or employment related information our website products and services Inferences drawn from other personal information create and offer new products and services Risk data Claims data Analytics to identify understand and manage our Identifiers risks and products. This includes for example Personal Information conducting analytics to better identify Protected Classification Characteristics understand and manage risk and our Commercial Information products Internet or other similar network activity Professional or employment related information Inferences drawn from other personal information Risk data Claims data Customer service and technical support. This Identifiers includes for example answer questions and provide notifications provice customer and technical support Personal Information Commercial Information Internet or other similar network activity Professional or employment related information SNI 04010120 2019 Liberty Mutual Insurance Page 30f 6 Claims data Claims data conducting analytics to better identify understand and manage risk and our products | 2 |
Inferences drawn from other personal information Risk data Claims data How Does Liberty Mutual Share My Data Liberty Mutual does not sell your personal data as defined by the California Consumer Privacy Act. Liberty Mutual shares personal data of California consumers with the following categories of third parties Liberty Mutual affiliates Service Providers Public entities and institutions e.g. regulatory quasi regulatory tax or other authorities law enforcement agencies courts arbitrational bodies and fraud prevention agencies Professional advisors including law firms accountants auditors and tax advisors Insurers re insurers policy holders and claimants and As permitted by law. Liberty Mutual shares the following categories of personal data regarding California consumers to service providers for business purposes Identifiers Personal Data Protected Classification Characteristics Commercial Information Internet or other similar network activity Claims Data Inferences drawn from other personal information Risk Data Professional employment and education information For information about how we have shared personal information in the past twelve 12 months please go to libertymutual.comprivacy and click on the link for the California Supplemental Privacy Policy. What Privacy Rights Do Have The California Consumer Privacy Act provides California residents with specific rights regarding personal information. These rights are subject to certain exceptions. Our response may be limited as permitted under law. Access or Deletion You may have the right to request that Liberty Mutual disclose certain information to you about our collection and use of your personal data in the twelve 12 months preceding such request including a copy of the personal data we have collected. You also may have the right to request that Liberty Mutual delete personal data that Liberty Mutual collected from you subject to certain exceptions. Specifically you have the right to request that we disclose the following to you in each case for the twelve 12 month period preceding your request the categories of personal data we have collected about you the categories of sources from which the personal data wasfis collected our business or commercial purpose for collecting personal data the categories of third parties with whom we share personal data the specific pieces of data we have collected about you the categories of personal data about you if any that we have disclosed for monetary or other valuable consideration including the categories of third parties to which we have disclosed the data by category or categories of personal data for each third party to which we disclosed the personal data and the categories of personal data about you that we disclosed for a business purpose. aracteristics vork activity r personal information and education information SNI 04010120 2019 Liberty Mutual Insurance Page 4 of 6 | 2 |
You can make a request by either Calling 800 344 0197 Online libertymutualgroup.comprivacypolicydatarequest Mail. Attn Privacy Office Liberty Mutual Insurance Company 175 Berkeley St. 6th Floor Boston MA 02116 You may also make a verifiable consumer request on behalf of your minor child. You or your authorized agent may only make a verifiable consumer request for access or data deletion twice within a twelve 12 month period. The verifiable consumer request must provide sufficient information that allows Liberty Mutual to reasonably verify that you are the person about whom Liberty Mutual collected personal data or an authorized representative of such person and describe your request with sufficient detail that allows Liberty Mutual to properly understand evaluate and respond to it. For more information about how Liberty Mutual will verify your identity and how an authorized agent may make a request on your behalf go lo libertymutual.comprivacy and click on the California Supplemental Privacy Policy. Response Timing Liberty Mutual will respond to a verifiable consumer request within forty five 45 days of its receipt. f more time is needed Liberty Mutual wil inform you of the reason and extension period in writing. Any disclosures that will be provided will only cover the twelve 12 month period preceding our receipt of the verifiable consumer request. If Liberty Mutual is unable to fulfill your request you will be provided with the reason that the request can not be completed. For more information about how we will respond to requests go to libertymutual.comprivacy and click on the California Supplemental Privacy Policy. Rights to opt in and out of data selling California consumers have the right to direct businesses not to sell your personal data opt out rights and personal data of minors under 16 years of age will not be sold as is their right without theirs o their parents opt in consent. Liberty Mutual does not sell the personal data of consumers. For more information go to libertymutual com privacy and click on the California Supplemental Privacy Policy. No account needed You do not need to create an account with Liberty Mutual to exercise your rights. Liberty Mutual will only use personal data provided in a request to review and comply with the request. No discrimination You have the right not to be discriminated against for exercising any of your CCPA rights. Unless permitted by the CCPA exercising your fights will not cause Liberty Mutual to Deny you goods or services Charge you different prices or rates for goods or services including through granting discounts or other benefits or imposing penalties Provide you a different level or quality of goods or services or Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services. Page 5 of 6 2019 Liberty Mutual Insurance SNI 04010120 | 2 |
Will Liberty Mutual Update This Privacy Notice We reserve the right to makes changes to this notice at any time and for any reason. The updated version of this policy will be effective once it is accessible. You are responsible for reviewing this policy to stay informed of any changes or updates. Who Do Contact Regarding Privacy If you have any questions or comments about this Notice or the Supplemental CCPA Notice your rights or are requesting the Notice in an alternative format please do not hesitate to contact Liberty Mutual at Phone 800 344 0197 Email privacylibertymutual.com Postal Address Attn Privacy Office Liberty Mutual Insurance Company 175 Berkeley St. 6th Floor Boston MA 02116 SNI04 010120 2019 Liberty Mutual Insurance Page 6 of 6 | 2 |
MISSOURI NOTICE TO POLICYHOLDERS This policy may include rates and forms which may ot be filed with the Missouri Department of Commerce and Insurance. Page 10f 1 2020 Liberty Mutual Insurance SNI124010120 | 2 |
POLICYHOLDER NOTICE COMPANY CONTACT INFORMATION In the event you need to contact someone about this policy for any reason please contact your Sales Representative or Producer of Record as shown on the policy Declarations or Information Page. If you have additional questions you may contact the company at the following address Liberty Mutual Insurance 175 Berkeley Street Boston MA 02116 1800 344 0197 SNIS0011218 2018 Liberty Mutual Insurance Page 1 of 1 | 2 |
POLICYHOLDER DISCLOSURE TERRORISM RISK INSURANCE ACT THIS NOTICE CONTAINS IMPORTANT INFORMATION PURSUANT TO THE TERRORISM RISK INSURANCE ACT. PLEASE READ IT CAREFULLY. In accordance with the Terrorism Risk Insurance Act including all amendments TRIA of the Act we are required to provide you with a notice of the portion of your premium attributable to coverage for certified acts of errorism the federal share of payment of losses from such acts and the limitation or cap on our liability under the Act. Disclosure of Premium The Company has made available coverage for certified acts of terrorism as defined in the Act. If purchased the portion of your premium attributable to coverage for certified acts of terrorism is shown in the Declarations Declarations Extension Schedule or elsewhere by endorsement in your poicy. Federal Participation In Payment Of Terrorism Losses If an individual insurer s losses from certified acts of terrorism exceed a specified deductible amount the goverment wil generally reimburse the insurer for a percentage of losses the Federal Share paid in excess of the deductible but only if aggregate industry losses from certified acts of terrorism exceed the Program Trigger. Beginning in calendar year 2020 the Federal Share is 80 and Program Trigger is 200000000. Cap On Insurer Participation In Payment Of Terrorism Losses If aggregate insured losses attributable o certified acts of terrorism exceed 100 billion in a calendar year and we have met our deductible under the Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion. Nor shall Treasury make any payment for any portion of the amount of such losses that exceeds 100 billon. 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. Page 10f 1 2020 Liberty Mutual Insurance SNI90 020120 | 2 |
Policy Number TH7 Z91 469909 041 Issued by LIBERTY INSURANCE CORPORATION PARTICIPATING PROVISION You may be eligible to participate in the distribution of surplus funds of the company through any dividends that may be declared for this policy. A declaration or payment of dividends is not guaranteed. The amount of any dividends that may be declared shall be to the extent and upon the conditions fixed and determined by the Board of Directors and in compliance with any laws that apply. In witness whereof the company has caused this policy to be signed by its President and its Secretary. i 27y SECRETARY LIL 90 05 06 13 2013 Liberty Mutual Insurance. All rights reserved. Page 10f 1 | 2 |
CNA 30020008560103417856294 QUALITY ASSURANCE FORM Help Us To Serve You Better Every effort has been made to produce a quality product for you. Please review this transaction and if it is incorrect list the correction needed in the space provided below and fax this Quality Assurance Form to us at 877 363 8669 Questions pertaining to any transaction should be referred to CNA Customer Interaction Center at 877 574 0540 Option 3 Please send routine requests via standard ACORD forms through the same method you are using today. The preferred method is by fax to 877 363 8669 Insured Account Name DEDICATED DISTRIBUTION INC Policy Number A 6010341785 Line of Business CUP Agent Name LOCKTON COMPANIES LLC Producer code 023973 Branch HPRO ADVANCED TECHNOLOGY Transaction Type Renewal Transaction Effective Date 01012015 Your Transaction was processed by Commercial Insurance Center Maitland FL C ID BY CAAB4T1 Transaction Incorrect See Below. Transaction Processed Correctly Correction needed CNA Customer Interaction Branch HPRO ADVANCED TECHNOLOGY Transaction Processed Correctly | 2 |
562858L 1780109580002008 END OF COPY | 2 |
CNA IMPORTANT INFORMATION NOTICE OFFER OF TERRORISM COVERAGE NOTICE DISCLOSURE OF PREMIUM THIS NOTICE DOES NOT FORM A PART OF YOUR POLICY GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY You are hereby notified that under the Terrorism Risk Insurance Act as extended and reauthorized Act you have a right to purchase insurance coverage of losses arising out of acts of terrorism as defined in Section 1021 of the Act subject to all applicable policy provisions. The Terrorism Risk Insurance Act established a federal program within the Department of the Treasury under which the federal government shares with the insurance industry the risk of loss from future terrorist attacks. This Notice is designed to alert you to coverage restrictions and to certain terrorism provisions in the policy. If there is any conflict between this Notice and the policy including its endorsements the provisions of the policy including its endorsements apply. CHANGE IN THE DEFINITION OF A CERTIFIED ACT OF TERRORISM The Act applies when the Secretary of the Treasury certifies that an event meets the definition of an act of terrorism. Originally the Act provides that to be certified an act of terrorism must cause losses of at least five million dollars and must have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest to coerce the government or population of the United States. However the 2007 reauthorization of the Act no longer requires the act of terrorism to be committed by or on behalf of a foreign interest and certified acts of terrorism now encompass for example a terrorist act committed against the United States government by a United States citizen when the act is determined by the federal government to be a certified act of terrorism. In accordance with the Act we are required to offer you coverage for losses resulting from an act of terrorism that is certified under the federal program. The policy s other provisions including nuclear war or military action exclusions will still apply to such an act. The premium charge for terrorism coverage is shown separately on your Policy Declarations and is also included in the total premium. 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 of that portion of the amount of such insured losses that exceeds the applicable insurer retention. LIMITATION ON PAYMENT OF TERRORISM LOSSES applies to policies which cover terrorism losses insured under the federal program including those which only cover fire losses If aggregate insured losses attributable to terrorist acts certified under the Act exceed 100 billion in a Program Year January 1 through December 31 the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. Further this coverage is subject to a limit on our liability pursuant to the federal law where if aggregate insured losses attributable to terrorist acts certified under the Act exceed 100 billion in a Program Year January 1 through December 31 and we have met our insurer deductible under the Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion 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. G144233 F Page 1 of 1 Ed. 0108 962858L 1780109580002008 | 2 |
CNA Commercial Umbrella Renewal Declaration POLICY NUMBER A 6010341785 COVERAGE PROVIDED BY FROM PO CONTINENTAL CASUALTY COMPANY 0101201 333 S. WABASH CHICAGO IL. 60604 INSURED NAME AND ADDRESS DEDICATED DISTRIBUTION INC 640 MIAMI AVE KANSAS CITY KS 66105 REFER TO ADDITIONAL NAMED INSUREDS SCHEDULE AGENCY NAME AND ADDRESS LOCKTON COMPANIES LLC 444 W. 47TH ST. 900 KANSAS CITY MO 64112 Phone Number 816960 9000 BRANCH NAME AND ADDRESS HPRO ADVANCED TECHNOLOGY 333 SO WABASH AVE. 35 SOUTH CHICAGO IL 60604 Phone Number 212440 3000 FROM POLICY PERIOD TO 01012015 01012016 AGENCY NUMBER 023973 BRANCH NUMBER 978 This policy becomes effective and expires at 1201 A.M. standard time at your mailing address on the dates shown above. The Named Insured is a Limited Liability Corporation Your policy is composed of this Declarations with the attached Coverage Forms and Endorsements if any. The Policy Forms and Endorsement Schedule shows all forms applicable to this policy at the time of policy issuance. PREMIUM Estimated Estimated Premium Basis Exposure Rate Advance Premium FLAT CHARGE 51010 Minimum Premium 1010 Annual Total Advance Premium 1010.00 Your Premium includes the following amount for Certified Acts of Terrorism Coverage 10.00 Audit Period is Not Auditable 10.00 INSURED Page | 2 |
POLICY NUMBER A 6010341785 INSURED NAME AND ADDRESS DEDICATED DISTRIBUTION INC 640 MIAMI AVE KANSAS CITY KS 66105 POLICY LIMITS OF INSURANCE Each Incident 1 000000 Aggregate 1000000 RETAINED LIMIT Retained Limit 10000 SCHEDULE OF UNDERLYING INSURANCE Underlying Insurer Policy Number Underlying LimitS of Policy Period Insurance Coverages Insurance Valley Forge Insurance Co. General Each Occurrence Limit 51000000 Liability General Aggregate Limit 2 000000 Does nt apply per location 6010341768 Does nt apply per project Eff 01012015 to 01012016 Products Completed Operations SEXCLUDED Aggregate Limit Personal and Advertising 1 000000 Injury Liability Limit Valley Forge Insurance Co. Automobile Combined Bodily Injury and Liability Property Damage Liability Each Accident Limit 1 000000 6010341799 Bodily Injury Liability Eff 01012015 to 01012016 Each Person Limit Each Accident Limit Property Damage Liability Each Accident Limit v Aggregate 1000000 nan nan nan nan 10341768.0 nan nan nan nan 10341799.0 Page INSURED | 2 |
POLICY NUMBER A 6010341785 INSURED NAME AND ADDRESS DEDICATED DISTRIBUTION INC 640 MIAMI AVE KANSAS CITY KS 66105 ADDITIONAL NAMED INSUREDS SCHEDULE MEDICAL OUTFITTERS LLC DBA LSI INTERNATIONAL MEDICAL OUTFITTERS LLC Page INSURED | 2 |
POLICY NUMBER A 6010341785 INSURED NAME AND ADDRESS DEDICATED DISTRIBUTION INC 640 MIAMI AVE KANSAS CITY KS 66105 FORMS AND ENDORSEMENTS SCHEDULE Form Number G56015B G133136B G144036A G15057C G16452B G17900B G18121B G18244A G300912A G300968A G300969A G300982A G301134A IL0017 IL0261 P56015B 111991 072005 082002 062005 072005 012004 101996 061992 022010 062010 062010 072010 102010 111998 092007 111991 Form Title EXCLUSION INFRINGEMENT OF INTELLECTUAL PROPERTY RI Bridge Endorsement UMB Exclusion Human Clinical Trials Commercial Umbrella Plus Coverage Part Employers Liability Exclusion Endorsement Personal and Advertising Injury Limitation Endt UMB Products Completed Operations Liability Excl UMB Lead Paint Exclusion Endorsement Pollution Exclusion Amendment Medical Malpractice Professional Liab Exclusion Testing or Consulting Errors and Omissions Excl Crisis Management Coverage Endorsement Key Employee Replacement Expense Coverage Endt Common Policy Conditions Kansas Changes Cancellation And Nonrenewal Sexual Misconduct Exclusion PLEASE READ THE ENCLOSED IMPORTANT NOTICES CONCERNING YOUR POLICY Form Number Form Title G144233F 012008 Notice Offer of Terrorism Disclosure of Premium Countersignature Mum Yoowad MeZarnl Chairman of the Board P43770 B Ed. 1089 INSURED Page | 2 |
POLICY NUMBER A 6010341785 INSURED NAME AND ADDRESS DEDICATED DISTRIBUTION INC 640 MIAMI AVE KANSAS CITY KS 66105 POLICY CHANGES EXCLUSION INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS This Change Endorsement changes the Policy. Please read it carefully. This Change Endorsement is a part of your Policy and takes effect on the effective date of your Policy unless another effective date is shown. This insurance does not apply to any claim for loss or damage arising out of INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS including alleged INFRINGEMENT OF PATENT TRADE NAME TRADEMARK SERVICE MARK TRADE DRESS andor TRADE SECRETS. Yoowad MeZarnl Chairman of the Board G56015 B ED. 1191 | 2 |
G133136 B Ed. 0705 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BRIDGE ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART Any state amendatory endorsement which is listed in the Commercial Umbrella Plus Coverage Part Declarations will modify the Commercial Umbrella Plus Coverage Part even if the endorsement does not state that it will modify the Commercial Umbrella Coverage Part. For the purposes of this endorsement a state amendatory endorsement means any Insurance Services Office ISO state cancellation nonrenewal or amendatory endorsement which begins with an IL or CG prefix. When a state amendatory endorsement is attached to the Commercial Umbrella Plus Coverage Part the term claim as used in the state amendatory endorsement shall mean ultimate net loss as defined in the Commercial Umbrella Plus Coverage Part. nan nan nan nan 88582.0 1780109580002008.0 G133136 B Ed. 0705 Page 1 of 1 | 2 |
G144036 A Ed. 0802 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION HUMAN CLINICAL TRIALS This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART This insurance does not apply to bodily injury property Human clinical trial is any study test or experiment damage or personal and advertising injury arising out of involving one or more persons which may provide data or other information for assessment of a pharmaceutical a. human clinical trial drug organism virus bacterium or other substance. G144036 A Ed. 0802 Page 1 of 1 | 2 |
G15057 C Ed. 0605 CNA COMMERCIAL UMBRELLA PLUS COVERAGE PART Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured identified under SECTION Il WHO IS AN INSURED of this policy. The word insured means any person or organization qualifying as such under SECTION Il WHO IS AN INSURED. The words we us and our refer to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION V DEFINITIONS. SECTION COVERAGES 1. Insuring Agreement We will pay on behalf of the insured those sums in excess of scheduled underlying insurance unscheduled underlying insurance or the retained limit that the insured becomes legally obligated to pay as ultimate net loss because of bodily injury property damage or personal and advertising injury to which this insurance applies. a. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an incident anywhere in the world 2 The bodily injury or property damage occurs during the policy period and 3 With respect to bodily injury or property damage that continues changes or resumes so as to occur during more than one policy period both of the following conditions are met i Prior to the policy period no authorized insured knew that the bodily injury or property damage had occurred in whole or in part and ii During the policy period an authorized insured first knew that the bodily injury or property damage had occurred in whole or in part. For purposes of this Paragraph 1 a.3 only if bodily injury or property damage that occurs during this policy period does not continue change or resume after the G15057 C Ed. 0605 termination of this policy period and b no authorized insured first knows of this bodily injury or property damage until after the termination of this policy period then such first knowledge will be deemed to be during this policy period. b. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any authorized insured includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. c. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any authorized 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 claim or suit for damages because of the bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. d. This insurance applies to personal and advertising injury caused by an incident committed anywhere in the world during the policy period. If we are prevented by law statute or otherwise from paying on behalf of the insured then we will indemnify the insured for those sums that the insured is legally obligated to pay as ultimate net loss because of bodily injury property damage or personal and advertising injury to which this insurance applies. Exclusions This Insurance does not apply to a. Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. This exclusion does not apply to Employers Liability claims for bodily injury covered by scheduled underlying insurance. b. Contractual Liability Bodily inj property damage or personal and advertising injury for which the insured is obligated to pay damages by reason of the Page 1 of 17 1088587800958000200 | 0 |
G15057 C Ed. 0605 assumption of liability in a contract or agreement. This exclusion does not apply to liability for ultimate net loss That the insured would have in the absence of the contract or agreement or Because of bodily injury or property damage assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Personal and advertising injury Exclusions Personal and advertising injury G 6 9 Caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury Arising out of oral or written publication of material if done by or at the direction of the insured with knowledge of its falsity Arising out of oral or written publication of material whose first publication took place before the beginning of the policy period Arising out of a criminal act committed by or at the direction of the insured Arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement Arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement Arising out of the wrong description of the price of goods products or services stated in your advertisement Arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights However this exclusion does not apply to infringement in your advertisement of copyright trade dress or slogan Committed by an insured whose business is a Advertising broadcasting publishing or telecasting b Designing or determining content of websites for others or c An Internet search access content or service provider However this exclusion does not apply to paragraphs 10. a. b. and c. of personal and advertising injury under SECTION V DEFINITIONS For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. 10 Arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control or 11 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. d. Workers Compensation and Similar Laws Any obligation of the insured under a 1 Workers compensation 2 Disability benefits or 3 Unemployment compensation law or any similar law. e. Employers Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of 1 above. This exclusion applies 1 Whether the insured may be liable as an employer or in any other capacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply 1 To liability assumed by the insured under an insured contract or 2 Only to the extent that coverage is provided by scheduled underlying insurance. G15057 C Ed. 0605 Page 2 of 17 | 1 |
G15057 C Ed. 0605 f. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a At or from any premises site or location b c e U g which is or was at any time owned or occupied by or rented or loaned to any insured At or from any premises site or location which is or was at any time used by or for 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 may be 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 i If the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor or i 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 property that is i Being transported or towed by or handled for movement into onto or from a covered automobile i Otherwise in the course of transit iiiBeing stored disposed of treated or processed in or upon the covered automobile Before the pollutants or property in which the pollutants are contained are moved from the place where they are accepted by the insured for movement into or onto the covered automobile or After the pollutants or property in which the pollutants are contained are moved from the covered automobile to the place where they are finally i Delivered ii Disposed of or iii Abandoned by the insured. Subparagraphs a and di do not apply to bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. As used in this exclusion a hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. Subparagraph di does not apply to bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor. Subparagraph eiii does not apply to fuels lubricants fluids exhaust gases or other similar pollutants that are needed for or result from the normal electrical hydraulic or mechanical functioning of the covered automobile or its parts if the pollutants escape or are discharged dispersed or released directly from an automobile part designed by its manufacturer to hold store receive or dispose of such pollutants. Subparagraphs f and g do not apply if the pollutants or property in which the pollutants are contained are upset overturned or damaged as a result of the maintenance or use of a covered automobile and the discharge dispersal release or escape of the pollutants is caused directly by such upset overturn or damage. Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. Page 3 of 17 nan nan nan nan 2088582.0 1780109580002008.0 G15057 C Ed. 0605 | 1 |
G15057 C Ed. 0605 3 Any loss cost or expense arising out of any a Request demand or order that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. g. Watercraft Bodily injury or property damage arising out of the 1 Ownership 2 Maintenance 3 Useor 4 Entrustment to others of a watercraft owned or operated by or rented or loaned to an insured. Use includes operation or loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the incident which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 Awatercraft you do not own that is a Less than 55 feet long and b Not being used to carry persons or property for a charge or 3 Liability assumed under an insured contract for the ownership maintenance or use of watercraft. h. Aircraft The ownership maintenance operation use entrustment to others or loading or unloading of any aircraft 1 Owned by an insured or 2 Chartered without crew by an insured or on an insured s behalf. G15057 C Ed. 0605 This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the incident which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft that is owned or operated by or rented or loaned to any insured. War Any liability arising out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Damage to Property Property damage to 1 Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you 4 Personal property in the care custody or control of the insured s That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or 6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Page 4 of 17 | 1 |
G15057 C Ed. 0605 Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard. k. Damage to your Product Property damage to your product arising out of it or any part of it. I. Damage to you Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. m. Damage to Impaired Property or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. n. Recall of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. o. E.RIS.A. Liability for alleged or actual violations of the Employees Retirement Income Security Act of 1974 or any amendments or additions thereto. p. Directors and Officers Liability for a wrongful act error omission or breach of duty by an insured in the performance of the office of director or officer of an organization. G15057 C Ed. 0605 Uninsured Underinsured Motorist and Similar Laws Liability imposed on the insured under an uninsured underinsured motorist law a personal injury protection law a reparations benefit law or other similar law. Electronic Data Any liability arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. Nonemployment Related Discrimination To any alleged or actual nonemployment related discrimination committed intentionally against a person. Asbestos 1 Bodily Injury property damage or personal and advertising injury arising out of the actual alleged or threatened exposure at any time to asbestos or 2 Any loss cost or expense that may be awarded or incurred a By reason of a claim or suit for any such injury or damage or b In complying with a governmental direction or request to test for monitor clean up remove contain or dispose of asbestos. Fungi and Microbes 1 Bodily injury property damage or personal and advertising injury which would not have occurred in whole or in part but for the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or microbes or 2 Any loss cost or expense arising out of the testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or microbes by any insured or by anyone else. This exclusion applies regardless of any other cause or event that contributes concurrently or in any sequence to such injury or damage loss cost or expense. Silica 1 Bodily injury arising in whole or in part out of the actual alleged or threatened respiration or ingestion at any time of silica or Page 5 of 17 08858L 1780109580002008 | 1 |
G15057 C Ed. 0605 aa. 2 Personal and advertising injury or property damage arising in whole or in part out of the actual alleged or threatened presence of silica. Named Insured vs. Named Insured Any liability arising out of claims or suits by a named insured against another named insured. Employment Related Practices Any liability arising out of 1 Arefusal to employ 2 Termination of employment 3 Demotion evaluation reassignment discipline 4 Coercion defamation discrimination harassment or humiliation or any other employment related practices policies acts or omissions. Terrorism Limitation Bodily injury or property damage arising out of any act of terrorism unless and then only to the extent that coverage is provided by scheduled underlying insurance. Liquor Liability Limitation Bodily injury or property damage for which an insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages unless and then only to the extent that coverage is provided by scheduled underlying insurance. Auto and Mobile Equipment Limitation Any liability arising out of the 1 Ownership 2 Maintenance 3 Useor 4 Entrustment to others of an automobile or mobile equipment owned or operated by or rented or loaned to an insured unless and then only to the extent that coverage is provided by scheduled underlying insurance. bb. To the extent that this insurance applies to an automobile or mobile equipment it is further subject to the pollution exclusion exclusion f. of this policy. Use includes operation or loading or unloading. Do Not Call Any liability arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law or 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law or 3 Any statute ordinance or regulation other than the TCPA or the CAN SPAM Act of 2003 that prohibits or limits the sending transmitting communicating or distribution of material or information. SECTION Il WHO IS AN INSURED Named Insured means any individual or organization stated in the Declarations of this policy and if you are designated in the Declarations of this policy as a. An individual you and your spouse but only with respect to the conduct of a business of which you are the sole owner. If you are designated in the Declarations of this policy as an individual this policy shall not apply to liability arising out of your domestic or non business activities. This does not apply to the ownership maintenance use or loading or unloading of any automobile or to the Personal Umbrella Liability Coverage Part. A partnership or joint venture you and your members your partners and their spouses but only with respect to the conduct of your business. No person or organization is an insured with respect to the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations. An organization other than a partnership or joint venture you and your executive officers and directors but only with respect to their duties as your officers or directors. Your stockholders are also named insureds but only with respect to their liability as stockholders. A limited liability company you and your members but only with respect to the conduct of your business. Your managers are also named insureds but only with respect to their duties as your managers. G15057 C Ed. 0605 Page 6 of 17 | 1 |
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