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G15057 C Ed. 0605 No person or organization is an insured with respect to the conduct of any current or past limited liability company that is not shown as a Named Insured in the Declarations. A corporation or organization other than partnerships joint ventures or limited liability companies that you form acquire or gain control of during the policy period but only with respect to bodily injury property damage or personal and advertising injury taking place after you form acquire or gain control of such corporation or organization. 2. Insured means the Named Insured and Your volunteer workers only while performing duties related to the conduct of your business or your employees other than your executive officers and directors if you are an organization other than a partnership joint venture or limited liability company or your members if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct or your business. However none of these employees or volunteer workers is an insured for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company or to a co employee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business b To the spouse child parent brother or sister of that co employee or volunteer worker as a consequence of Paragraph 1a above For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs 1a or b above or c Arising out of his or her providing or failing to provide professional health care services. 2 Property damage to property a Owned occupied or used by b Rented to in the care custody or control or or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. b. A person or organization for whom you are required by virtue of a written contract entered into prior to the bodily injury property damage or personal and advertising injury occurring or being committed to provide the insurance that is afforded by this policy. This insurance applies only with respect to operations by you or on your behalf or to facilities you own or use but only to the extent of the limits of insurance required by such contract not to exceed the limits of insurance in this policy. c. Any other persons or organizations included as an insured under the provisions of the scheduled underlying insurance shown in the Declarations of this policy and then only for the same coverage except for limits of insurance afforded under such scheduled underlying insurance. However If a blanket additional insured endorsement is attached to the general liability scheduled underlying insurance pursuant to a written or oral contract or agreement between you and another person or organization called additional insured this insurance is excess over such insurance provided to the additional insured subject to the following conditions 1 If the limits specified in the written contract or agreement are less than the limits provided by the scheduled underlying insurance then no coverage is provided to the additional insured under this policy. If the limits specified in the written contract or agreement are greater than the limits provided by the scheduled underlying insurance then this insurance is excess over the insurance provided by the scheduled underlying insurance. The limits of insurance for the additional insured are the lesser of i The limits specified in the written contract or i The limits of the scheduled underlying insurance plus the limits of this policy. SECTION Il LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought c. Persons or organizations making claims or bringing suits. 08858L 1780109580002008 G15057 C Ed. 0605 Page 7 of 17 | 1 |
G15057 C Ed. 0605 d. Automobiles aircraft or watercraft to which this policy applies or e. Coverages under which loss is insured in this policy. 2. The limit of insurance shown in the Declarations as the Aggregate Limit is the most we will pay for the sum of all ultimate net loss to which this insurance applies and applies separately to all ultimate net loss a. Included in the products completed operations hazard b. To which and in the same manner an aggregate limit applies under scheduled underlying insurance other than ultimate net loss included in the products competed operations hazard and c. To which no scheduled underlying insurance applies. The Aggregate Limit does not apply to ultimate net loss for which no aggregate limit applies in the scheduled underlying insurance. 3. Subject to 2. above the limit of insurance shown in the Declarations as the Each Incident limit is the most we will pay for the sum of all ultimate net loss to which this insurance applies arising arising out of any one incident. 4. In the event of reduction or exhaustion of the aggregate limits of insurance under scheduled underlying insurance solely by reason of payments of a combination of covered a. Expenses b. Settlements or c. Judgments paid thereunder as a result of bodily injury property damage or personal and advertising injury taking place during this policy period this policy shall subject to this limit of insurance provision and to the remaining terms and provisions and conditions of this policy a. Apply in excess of such reduction of scheduled underlying insurance or b. Apply in place of the exhausted amount of scheduled underlying insurance. Nothing in a. or b. above shall serve to increase the limits of insurance shown in the Declarations. 5. The limits of this policy shall apply separately to a. Each consecutive annual period and b. Remaining periods of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less G15057 C Ed. 0605 than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the limits of insurance. SECTION IV CONDITIONS 1. Financial Impairment Bankruptcy rehabilitation receivership liquidation or other financial impairment of you or an underlying insurer shall neither relieve nor increase any of our obligations under this policy. In the event there is diminished recovery or no recovery available to you as a result of such financial impairment of an insurer providing scheduled underlying insurance the coverage under this policy shall apply only in excess of the limits of insurance stated in the scheduled underlying insurance. Under no circumstances shall we be required to drop down and replace the limits of insurance or assume the obligations of a financially impaired insurer. 2. Duties of the Insured a. Inthe event of an incident which has not resulted in a claim or suit. Whenever you have information of an incident which involves injuries or damages likely to involve this policy written notice shall be given by or for you to us or to our authorized agent as soon as practicable. The notice shall contain 1 Particular information sufficient to identify the insured 2 Such information as can be reasonably obtained with respect to time place and circumstances of the occurrence or offense and 3 Names and addresses of the insured and of available witnesses. b. In the Event of Claims or Suit You shall provide us with written notice as soon as practicable whenever 1 A claim is made or suit is brought against you 2 You receive notice that a right to bring claim or suit against you will be asserted or 3 You obtain information that the obligation of underlying insurers to a Investigate b Defend c Pay on behalf of or d Indemnify you has ceased. Page 8 of 17 Page 8 of 17 | 1 |
G15057 C Ed. 0605 Every demand notice summons amended complaint or other process received by you or your representative shall be forwarded with each notice. 3. Legal Action Against Us No legal action shall be brought against us unless you have fully complied with all the terms of this policy and the amount of your obligation to pay has been finally determined either by a. Judgment against you after actual trial or b. Written agreement between us you and the claimant. 4. Other Insurance This insurance is excess over and will not contribute with any other insurance available to the insured whether such other insurance is stated to be primary contributory excess contingent or otherwise. This condition does not apply to insurance purchased specifically to apply in excess of this insurance. 5. Premium Audit a. We will compute all premiums for this policy in accordance with our rules and rates. b. If the premium is shown in the Declarations as flat the premium for this policy is not subject to adjustment. c. If the premium is shown in the Declarations as adjustable the premium shown as the advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period. Audit premiums are due and payable on notice to the first Named Insured shown in the Declarations. If the sum of the advance and audit premiums paid for the policy term are greater than the earned premium we will return the excess subject to the minimum premium to the first Named Insured shown in the Declarations. d. The first Named Insured shown in the Declarations must keep records of the information we need for premium computation and send us copies at such times as we request. 6. Nonrenewal If we decide not to renew this policy we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. 7. Severability of Interests The insurance afforded applies separately to each insured against whom claim is made or suit is G15057 C Ed. 0605 10. 1. brought. However the inclusion of more than one insured shall not operate to increase the limits of insurance. Annual Rating If this policy is issued for a period in excess of one year the premium may be revised on each annual anniversary in accordance with our rates and rules in effect at that time. Scheduled Underlying Insurance Material change in premium for scheduled underlying insurance shall be promptly reported to us. Premium for this policy may be adjusted to reflect changes in underlying insurance in accordance with our manuals in effect at the time of the change. Maintenance of Scheduled Underlying Insurance While this policy is in force you agree that the policies listed in the Declarations as scheduled underlying insurance and their renewals and replacements shall be maintained without alterations of terms or conditions in full effect during the term of this policy except for reduction or exhaustion of the aggregate limits of insurance in the scheduled underlying insurance provided that such reduction or exhaustion is solely the result of incidents taking place during this policy period and not before. If you fail to maintain scheduled underlying insurance this condition shall not invalidate this policy. However in the event of such failure we will only be liable to the same extent as if you had complied with this condition. Appeals If you or your underlying insurers elect not to appeal a judgment in excess of the limits of insurance afforded by the a. Scheduled underlying insurance b. Unscheduled underlying insurance or c. Retained limit we may elect to appeal. Our limit of liability shall not be increased because of such appeal. We will however pay the following costs and expenses a. All premium bonds to release attachments for an amount not in excess of the applicable limit of liability of this policy b. All premiums on appeal bonds required in such defended suit but without obligation to apply for or furnish such bonds c. Court fees d. Costs and expenses taxed against you by the appellate court and interest accruing after entry of a judgment against you and before we have 1 Paid Page 9 of 17 ent between us you and the T insurance Is staled 0 be primary ss contingent or otherwise. This ot apply to insurance purchased y in excess of this insurance. ute all premiums for this policy in th our rules and rates. is shown in the Declarations as flat for this policy is not subject to n is shown in the Declarations as 508858 1780109580002008 Page 9 of 17 | 1 |
G15057 C Ed. 0605 2 Offered to pay or 3 Deposited in court the part of the judgment that is within the applicable limit of insurance. Where the underlying insurers terminate their liability to pay interest on the judgment by an offer to pay their limits you shall demand that such limits be paid. If the appeal is successful such amounts not obligated to be paid shall be returned to such underlying insurer. 12. Subrogation In the case of any payments by us under the coverages of this policy we shall be subrogated to all rights of recovery against any other party which you may have and will cooperate with you and all other interests. Amounts recovered shall be apportioned in the following order a. Amounts paid in excess of the payments under this policy shall first be reimbursed up to the amount paid by those including you who made such payments b. We are then to be reimbursed up to the amount we paid c. Any remainder shall be available to the interests of those over whom this coverage is in excess and who are entitled to claim such remainder. Expenses necessary to the recovery of such amounts shall be divided between the interests concerned including you in the ratio of their respective recoveries as finally settled. 13. Settlement of Claims or Suit We may pay but are not obligated to pay any part or all of the amount of the retained limit to effect settlement of a claim or suit. Upon notification of the action taken you shall promptly reimburse us for such part of the retained limit that we had paid. All named insureds are jointly and severally responsible for our reimbursement and agree to make such reimbursement within 30 days after we give you written notice or demand for payment. 14. Sole Agent The insured first named in the Declarations is authorized to act on behalf of all named insureds and other insureds with respect to a. The giving and receiving of notice of cancellation and b. Receiving return premium that may be payable under this policy. The insured first named in the Declarations is responsible for the payment of premiums but the other named Insureds jointly and severally agree to make G15057 C Ed. 0605 such payments in full if the insured first named fails to pay the amount due within 30 days after we give written notice or demand. 15. Trade Sanctions In accordance with laws and regulations of the United States concerning economic and trade embargoes this policy is void ab initio void from its inception with respect to any term or condition of this policy that violates any laws or regulations of the United States concerning economic and trade embargoes including but not limited to the following a. Any insured or any person or entity claiming the benefits of an insured who is or becomes a Specially Designated National or Blocked Person or who is otherwise subject to U.S. economic or trade sanctions b. Any claim or suit that is brought in a Sanctioned Country or by a Sanctioned Country Government where any action in connection with such claim or suit is prohibited by U.S. economic or trade sanctions c. Any claim or suit that is brought by any Specially Designated National or Blocked Person or any person or entity who is otherwise subject to U.S. economic or trade sanctions d. Property that is located in a Sanctioned Country or that is owned by rented to or in the care custody or control of a Sanctioned Country Government where any activities related to such property are prohibited by U.S. economic or trade sanctions or e. Property that is owned by rented to or in the care custody or control of a Specially Designated National or Blocked Person or any person or entity who is otherwise subject to U.S. economic or trade sanctions. As used in this policy a Specially Designated National or Blocked Person is any person or entity that is on the list of Specially Designated Nationals and Blocked Persons issued by the U.S. Treasury Department s Office of Foreign Asset Control O.F.A.C. as it may be from time to time amended. As used in this policy a Sanctioned Country is any country that is the subject of trade or economic embargoes imposed by the laws or regulations of the United States of America. SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition Page 10 of 17 g Insurers terminate their liability to pay 1 the judgment by an offer to pay their shall demand that such limits be paid. If al is successful such amounts not to be paid shall be returned to such g insurer. of any payments by us under the his policy we shall be subrogated to all ery against any other party which you I will cooperate with you and all other unts recovered shall be apportioned in rder paid in excess of the payments under shall first be reimbursed up to the aid by those including you who made ents en to be reimbursed up to the amount nder shall be available to the interests of r whom this coverage is in excess and ntitled to claim such remainder. essary to the recovery of such amounts led between the interests concerned in the ratio of their respective recoveries Claims or Suit out are not obligated to pay any part or ount of the retained limit to effect 1 claim or suit. Upon notification of the ou shall promptly reimburse us for such ained limit that we had paid. All named ointly and severally responsible for our t and agree to make such t within 30 days after we give you or demand for payment. first named in the Declarations is act on behalf of all named insureds and Page 10 of 17 | 1 |
G15057 C Ed. 0605 a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding websites only that part of a website that is about your goods or services for the purposes of attracting customers or supporters is considered an advertisement. 2. Automobile means a. A land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. However automobile does not include mobile equipment. 3. Bodily injury means bodily injury sickness or disease sustained by a person including death humiliation shock mental anguish or mental injury by that person at any time which results as a consequence of the bodily injury sickness or disease. 4. Aircraft means a vehicle designed to transport persons or property in the air. 5. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. ltincorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by a. The repair replacement adjustment or removal of your product or your work or b. Your fulfiling the terms of the contract or agreement. 6. Insured contract means a. Alease of premises b. A sidetrack agreement c. An easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. Anindemnification of a municipality as required by ordinance except in connection with work for a municipality e. An elevator maintenance agreement or f. The part of other contracts or agreements pertaining to your business including an G15057 C Ed. 0605 indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability to pay damages because of bodily injury or property damage to a third person or organization if the contracts or agreements are made prior to the bodily injury or property damage. Tort liability means liability that would be imposed by law in the absence of contracts or agreements. An insured contract does not include that part of a contract or agreement a. That indemnifies an architect engineer or surveyor for an injury or damages arising out of 1 Preparing approving or failing to prepare or approve a Maps b Drawings c Opinions d Reports e Surveys f Change orders g Designs or Specifications or 2 Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage b. Under which the insured if an architect engineer or surveyor assumes liability for injury or damage arising out of the insured s rendering or failure to render professional services including those listed in a.1 above and supervisory inspection or engineering services or c. That indemnifies a person or organization for damage by fire to premises rented or loaned to an insured. Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or automobile b. While it is in or on an aircraft watercraft or automobile or c. While it is being moved from an aircraft watercraft or automobile to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or automobile. Page 11 of 17 9088582 1780109580002008 | 1 |
G15057 C Ed. 0605 8. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads Vehicles that travel on crawler treads Vehicles maintained for use solely on or next to premises you own or rent Vehicles whether maintained primarily permanently mounted self propelled or not to provide mobility to 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers Vehicles not described in a. b.. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers Vehicles not described in a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following type of permanently attached equipment are not mobile equipment but will be considered automobiles 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobiles or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a G15057 C Ed. 0605 10. 1. compulsory or financial responsibility law or other motor vehicle insurance law are considered automobiles Incident a. With respect to bodily injury and property damage incident means an occurrence. An occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. With respect to personal and advertising injury incident means an offense arising out of your business. Personal and Advertising Injury means injury including consequential bodily injury arising out of one or more of the following offenses a. b. c. False arrest detention or imprisonment Malicious prosecution or abuse of process Wrongful eviction from wrongful entry into or the invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor Discrimination unless such insurance is prohibited by law Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services Oral or written publication in any manner of material that violates a person s right of privacy The use of another s advertising idea in your advertisement Infringing upon another s copyright trade dress or slogan in your advertisement. Products completed operations hazard includes bodily injury and property damage occurring away from premises an insured owns or rents and arising out of your product or your work except 1 Products in your physical possession or 2 Work not yet completed or abandoned. Your work will be deemed completed at the earliest of the following 1 When all work called for in the insured contract has been completed 2 When all of the work to be done at the site has been completed if the insured s contract calls for work at more than one site or Page 12 of 17 or next to or not obility to resurfacing equipment ers or rollers. b. c. or d. above that are maintained primarily permanently attached types mps and generators lding building cleaning on lighting and well r imilar devices used to a. b. c. or d. above urposes other than the r cargo. hicles with the following he d equipment are not will be considered rimarily for 11. Page 12 of 17 | 1 |
G15057 C Ed. 0605 3 When that part of the work done at a job site has been put to its intended use by a person or organization other than another contractor or subcontractor working on the same project. Work that may need a Service b Maintenance c Correction d Repair or e Replacement but which is otherwise complete will be treated as completed. c. This hazard does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle created by the loading or unloading of it or 2 The existence of a Tools b Uninstalled equipment or c Abandoned or unused materials. 12. Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. 13. Suit means a civil proceeding in which damages because of a. Bodily injury b. Property damage or c. Personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding alleging such damages to which you must submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which you submit with our consent. 14. Your product means a. Any goods or products other than real property manufactured sold handled distributed or disposed of by 1 You 2 Others trading under your name or 3 A person or organization whose business or assets you have acquired and b. Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. Your product includes warranties or representations made with respect to the fitness quality durability performance or use of your product and the providing of or failure to provide warnings or instructions. Your product does not include vending machines or other property rented to or located for the use of others but not sold. 15. Your work means a. Work or operations performed by you or on your behalf and b. Materials parts or equipment furnished in connection with such work or operations. Your work includes warranties or representations made with respect to the fitness quality durability performance or use of your work and the providing of or failure to provide warnings or instructions. 16. Retained limit means the amount stated as such in the Declarations. The retained limit is retained and payable by the insured as respects all incidents not covered by scheduled underlying insurance or by unscheduled underlying insurance. 17. Scheduled underlying insurance means the insurance policies listed in the Schedule of Underlying Insurance including renewal or replacement of such contracts which are not more restrictive than those listed in the aforementioned Schedule of Underlying Insurance. 18. Ultimate net loss a. Ultimate net loss means the actual damages the insured is legally obligated to pay either through 1 Final adjudication on the merits or 2 Through compromise settlement with our written consent or direction because of incidents covered by this policy. However it includes the above mentioned sums only after deducting all other recoveries and salvages. other than another contractor r working on the same project. need ce nt ise complete will be treated as not include bodily injury or arising out of tion of property unless the e arises out of a condition in or created by the loading or e of ed equipment or ed or unused materials. neans tangible property including all ise of that property. All such loss G15057 C Ed. 0605 Page 13 of 17 | 1 |
G15057 C Ed. 0605 b. Ultimate net loss does not include the following 1 Costs or expenses related to a Litigation b Settlement c Adjustment or d Appeals nor costs or expenses incident to the same which an underlying insurer has paid incurred or is obligated to pay to or on behalf of the insured 2 Pre judgment interest 3 Office costs and expenses and salaries and expenses of the employees of an insured 4 Our office costs and expenses and salaries of our employees or 5 General retainer andor monitoring fees of counsel retained by the insured. 19. Underlying insurer means an insurer whose policy covers bodily injury property damage or personal and advertising injury also covered by this policy but does not include insurers whose policies were purchased specifically to be in excess of this policy. It includes all insurers providing a. Unscheduled underlying insurance and b. Scheduled underlying insurance. 20. Unscheduled underlying insurance a. Unscheduled underlying insurance means insurance policies available to an insured whether 1 Primary 2 Excess 3 Excess contingent or 4 Otherwise except the policies listed in the Schedule of Underlying Insurance. b. Unscheduled underlying insurance does not include insurance purchased specifically to be excess of this policy. 21. Watercraft means a vehicle designed to transport persons or property in or on water. 22 Authorized Insured means any named insured or any employee authorized by a named insured to give or receive notice of a claim or suit. 23. Electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including G15057 C Ed. 0605 systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 24. Pollutants means any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. 25. Fungi or microbes means a. Any form of fungus yeast mold mildew or mushroom including mycotoxins spores scents byproducts or other substances produced or released by fungi and b. Any bacteria virus or any other non fungal single celled or colony form organism including any toxins scents byproducts or other substances it produces or releases whose injurious source is in or on a building or its contents. But fungi and microbes does not include fungi that were deliberately grown for human consumption microbes that were transmitted directly from person to person or microbes that caused food poisoning if your business is food processing sales or serving. 26. Silica means the chemical compound silicon dioxide Si02 in any form including dust which contains silica. 27. Asbestos means the mineral in any form whether or not the asbestos was at any time a. Airborne as a fiber particle or dust b. Contained in or formed a part of a product structure or other real or personal property c. Carried on clothing d. Inhaled or ingested or e. Transmitted by any other means. 28. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. SECTION VI DEFENSE PAYMENT AND RELATED DUTIES 1. If a claim or suit alleges damages covered by underlying policies and the obligation of all underlying insurers either to a. Investigate and defend the insured or b. Pay the cost of such investigation and defense ceases solely through exhaustion of all underlying limits of insurance through payment of a combination Page 14 of 17 Py R A MR es and salaries and es of an insured enses and salaries of monitoring fees of nsured. insurer whose policy lamage or personal red by this policy but underlying insurance and derlying insurance. lerlying insurance underlying insurance means icies available to an insured ntingent or | 1 |
G15057 C Ed. 0605 of covered expenses settlements or judgments for bodily injury property damage or personal and advertising injury taking place during our policy period then we will either a. Assume the investigation and defense of the insured against suits seeking damages or b. If we elect not to assume the investigation and defense in 1.a. above we will reimburse the insured for reasonable defense costs and expenses incurred with our written consent. However such reimbursement excludes 1 Office expenses of the insured 2 Salaries and expenses of employees and 3 General retainer fees of counsel retained by the insured. We will investigate and defend an insured or reimburse an insured for suits brought against an insured for a claim or suit that alleges damages because of bodily injury property damage or personal and advertising injury not covered under a. Scheduled underlying insurance and b. Unscheduled underlying insurance but which seeks damages because of bodily injury property damage or personal and advertising injut otherwise covered under this policy. Costs and expanses of such investigation and defense are not subject to the retained limit. We will investigate and defend an insured or reimburse an insured for such costs of investigation and defense described in either 1. or 2. above even if the allegations of a suit are a. Groundless b. False or c. Fraudulent but only until we make payment or offer to pay or deposit in court that part of judgments not exceeding our limit of insurance. We shall also have the sole right to make settiement of a suit as we deem expedient. If not permitted by law or otherwise to perform these duties we will pay an insured for defense costs and expenses incurred with our prior written consent. Amounts we pay or incur pursuant to the obligation to defend or pay the costs and expenses of defense are in addition to and not subject to the limits of insurance stated in the Declarations. In addition to our limits of insurance we will pay prejudgment interest awarded against an insured on that part of a judgment covered by this policy. We will G15057 C Ed. 0605 not pay prejudgment interest on that period of time after we offer to pay a. Our limit of insurance or b. That portion of our limit of insurance which equals the amount of a settlement demand when combined with the limits of underlying insurers. 8. We will pay interest on a judgment that accrues after entry of that judgment but before we have a. Paid b. Offered to pay or c. Deposited in court that part of the judgment that is within the limit of insurance of this policy. The amount of interest we pay will be in direct proportion that amount we pay as damages bears to the total amount of judgment. We will not pay additional interest that accrues after we have a. Paid b. Offered to pay c. Deposited in court that part of the judgment that is within the limit of insurance of this policy. 9. We will pay all reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit. This includes actual loss of earnings up to liability 250. a day because of time off from work. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT BROAD FORM Itis agreed that I. This policy does not apply A. Under Liability Coverage to bodily injury personal and advertising injury or property damage 1. With respect to which an insured under this policy is also an insured under a nuclear energy liability policy issued by the a. Nuclear Energy Liability Insurance Association b. Mutual Atomic Energy Liability Underwriters or C. Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its Page 15 0of 17 wustce diild n consent. 3 es and retained by insured or against an s damages damage or ed under i odilv initrv feUIEAl IV SULIT Lists U TTIVESHgaUVit scribed in either 1. or 2. above even if NUCLEARE of a suit are It is agreed that I. This policy 808858L 1780109580002008 Page 15 0of 17 | 1 |
G15057 C Ed. 0605 termination upon exhaustion of its limit of liability or 2. Resulting from the hazardous properties of nuclear material and with respect to which a. Any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law or amendment thereof or b. The insured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization. B. Under any Supplementary Payments provision relating to first aid to expenses incurred with respect to bodily injury resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. Under any Liability Coverage to bodily injury personal and advertising injury or property damage resulting from the hazardous properties of nuclear material if 1. The nuclear material a. Is at any nuclear facility owned by or operated by or on behalf of an insured or b. Has been discharged or therefrom dispersed 2. The nuclear material is contained in spent fuel or waste at any time possessed handled used processed stored transported or disposed of by or on behalf of an insured or 3. The bodily injury personal and advertising injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the Planning Construction a b.. Maintenance d. Operation or e. Use of any nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this exclusion C.3. applies only to property damage to such nuclear facility and any property threat. G15057 C Ed. 0605 As used in this endorsement A Hazardous properties include radioactive toxic or explosive properties. Nuclear material means source material special nuclear material or byproduct material. Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor. Waste means waste material 1. Containing by product material other than the tailings or waste produced by the extraction or concentration of uranium or thorium from ore processed primarily for its source material content and 2. Resulting from the operation by any person or organization of a nuclear facility included within paragraphs 1. and 2. of the definition of nuclear facility. Nuclear facility means 1. Any nuclear reactor 2. Any equipment or device designed or used for a. Separating the isotopes of uranium or plutonium b. Processing or utilizing spent fuel or c. handling waste processing or packaging 3. Any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment is located consists of or contains more than a. 25 grams of plutonium or uranium 233 or any combination thereof or b. 250 grams of uranium 235 4. Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. Page 16 of 17 Page 16 of 17 | 1 |
G15057 C Ed. 0605 G. Nuclear reactor means an apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. H. Property damage includes all forms of radioactive contamination of property. nan nan nan nan 608858.0 1780109580002008.0 G15057 C Ed. 0605 Page 17 of 17 | 1 |
G16452 B Ed. 0705 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYER S LIABILITY EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART EXCESS THIRD PARTY LIABILITY POLICY The following exclusion replaces any Employers Liability exclusion or limitation contained in this policy This insurance does not apply to any liability for a. bodily injury b. sickness c. disease d. disability or e. shock including death at any time resulting therefrom and if arising out of the above mental anguish or mental injury sustained by 1 any employee of the insured and arising and in the course of a employment by the insured b performing duties related to the conduc insured s business or 2 the spouse child parent brother or sister employee as a consequence of 1 above. This exclusion applies 1 whether the insured may be liable employer or in any other capacity and 2 to any obligation to share damages repay someone else who must pay de hanratien nf tha i 1 any employee of the insured and arising out of and in the course of a employment by the insured 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. G16452 B Ed. 0705 Page 1 of 1 | 2 |
G17900 B Ed. 0104 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PERSONAL AND ADVERTISING INJURY LIMITATION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART The following paragraph is added to SECTION 1 personal and advertising injury. However this exclusion COVERAGE 2. Exclusions does not apply to any claim or suit for which coverage is provided by scheduled underlying insurance. This insurance does not apply to All other terms exclusions and conditions of this policy remain unchanged and in full force and effect. 0488582 780109580002008 G17900 B Ed. 0104 Page 1 of 1 | 2 |
G18121 B Ed. 1096 CNA This endorsement modifies insurance provided under the following THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRODUCTS COMPLETED OPERATIONS AND LEASED PRODUCTS EXCLUSION COMMERCIAL UMBRELLA PLUS COVERAGE PART The following is added to 2. Exclusions Section I Coverages This insurance does not apply to Bodily injury or property damage included within the products completed operations hazard Bodily injury or property damage arising out of your products which are rented or leased to others Bodily injury or property damage included in the products completed operations hazard for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement or Personal injury or advertising injury arising out of your product or your work that has been completed or abandoned. Your work will be deemed completed at the earliest of the following times 1. When all of the work called for in your contract has been completed. 2. When all of the work to be done at the site has been completed if your contract calls for work at more than one site. 3. When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. Your work will be deemed completed at the earliest of the following times 1. When all of the work called for in your contract has been completed. When all of the work to be done at the site has been completed if your contract calls for work at more than one site. 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. G18121 B Ed. 1096 Page 1 of 1 | 2 |
G18244 A Ed. 0692 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LEAD PAINT EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART EXCESS THIRD PARTY LIABILITY POLICY It is agreed that this insurance does not apply to any liability arising from past present or future claims arising in whole or in part either directly or indirectly out of the manufacture distribution sale resale rebranding installation repair re moval encapsulation abatement replacement or handling of or exposure to lead paint or products containing lead whether or not the lead is or was at any time airborne as a particle contained in a product ingested inhaled transmitted in any fashion or found in any form whatsoever. 14858L7800958000200 G18244 A Ed. 0692 Page 1 of 1 | 2 |
G300912 A Ed. 0210 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLLUTION EXCLUSION AMENDMENT This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART Exclusion f. of SECTION COVERAGES is deleted in its entirety and is replaced by the following f. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a Ator from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured b At or from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste c Which are or were at any time transported handled stored treated disposed of or processed as waste by or for any insured or any person or organization for whom you may be legally responsible or d At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations i If the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor or ii If the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. e That are or that are contained in property that is i Being transported or towed by or handled for movement into onto or from a covered automobile i Otherwise in the course of transit iii Being stored disposed of treated or processed in or upon the covered automobile f Before the pollutants or property in which the pollutants are contained are moved from the place where they are accepted by the G300912 A Ed. 0210 g insured for movement into or onto the automobile or After the pollutants or property in wh pollutants are contained are moved fi covered automobile to the place whe are finally i Delivered ii Disposed of or iii Abandoned by the insured. Subparagraph a does not apply to injury if sustained within a buildir caused by smoke fumes vapor produced by or originating from eqt that is used to heat cool or dehumi building or equipment that is used water for personal use by the bt occupants or their guests. Subparagraphs a and di do not bodily injury or property damage out of heat smoke or fumes from a fire. As used in this exclusion a hostile fire one which becomes uncontrollable or out from where it was intended to be. Subparagraph di does not apply to injury or property damage arising ou escape of fuels lubricants or other of fluids which are needed to perform the electrical hydraulic or mechanical fu necessary for operation of mobile equi or its parts if such fuels lubricants operating fluids escape from a vehic designed to hold store or receive then exception does not apply if the bodily or property damage arises out intentional discharge dispersal or rele the fuels lubricants or other operating or if such fuels lubricants or other of fluids are brought on or to the premis or location with the intent that tf discharged dispersed or released as the operations being performed by insured contractor or subcontractor. Subparagraph eiii does not apply t lubricants fluids exhaust gases ol similar pollutants that are needed Pag g insured for movement into or onto the covered automobile or After the pollutants or property in which the pollutants are contained are moved from the covered automobile to the place where they are finally i Delivered i Disposed of or iii Abandoned by the insured. Subparagraph a does not apply to bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests. Subparagraphs a and di do not apply to bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. As used in this exclusion a hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. Subparagraph di does not apply to bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor. Subparagraph eiii does not apply to fuels lubricants fluids exhaust gases or other similar pollutants that are needed for or Page 10f 2 | 2 |
G300912 A Ed. 0210 result from the normal electrical hydraulic or mechanical functioning of the covered automobile or its parts if the pollutants escape or are discharged dispersed or released directly from an automobile part designed by its manufacturer to hold store receive or dispose of such pollutants. Subparagraphs f and g do not apply if the pollutants or property in which the pollutants are contained are upset overturned or damaged as a result of the maintenance or use of a covered automobile and the discharge dispersal release or escape of the pollutants is caused directly by such upset overturn or damage. 2 Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. 3 Any loss cost or expense arising out of any a Request demand or order that any insured or b others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. All other terms conditions and exclusions of this policy remain unchanged. nan nan nan nan 2488582.0 1780109580002008.0 G300912 A Ed. 0210 Page 2 of 2 | 2 |
G300968 A Ed. 0610 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Medical Malpractice Professional Liability Exclusion This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART EXCESS THIRD PARTY LIABILITY POLICY The following exclusion is added to SECTION I COVERAGE 2. Exclusions This insurance does not apply to any liability arising out of the rendering of or failure to render the following professional services a Medical surgical dental x ray or nursing treatment service advice or instruction including the furnishing of food or beverages in connection therewith b Furnishing prescribing applying injecting or dispensing of drugs or medical dental or surgical supplies or appliances c Handling of or performing postmortem examinations or procedures on human bodies d Organ donation e Health or therapeutic service treatment advice or instruction or f Service by any person as a member of a formal accreditation or similar professional board or committee of the named insured or as a person charged with the duty of executing directives of any such board or committee. 9 Any service treatment procedure advice or instruction for the purpose of appearance or skin enhancement hair removal extension weave or replacement or personal grooming relaxation or therapy. All other terms conditions and exclusions of this policy remain unchanged. G300968 A Ed. 0610 Page 1 of 1 | 2 |
G300969 A Ed. 0610 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Testing or Consulting Errors and Omissions Exclusion This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART EXCESS THIRD PARTY LIABILITY POLICY The following exclusion is added to SECTION COVERAGE 2. Exclusions This insurance does not apply to any liability arising out of 1. An error omission defect or deficiency in any test performed or an evaluation a consultation or advice given by or on behalf of any insured or 2. The reporting of or reliance upon any such test evaluation consultation or advice or 3. An error omission defect or deficiency in experimental data or the insured s interpretation of that data. All other terms conditions and exclusions of this policy remain unchanged. 48858L1780109580002008 G300969 A Ed. 0610 Page 1 of 1 | 2 |
G300982 A Ed. 0710 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CRISIS MANAGEMENT COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART SCHEDULE Crisis Management Expense Aggregate Limit 250000 per policy period. Solely with respect to the Crisis Management Coverage provided by this endorsement the following changes apply to the Commercial Umbrella Plus Coverage Part. A. The following paragraph is added to SECTION I COVERAGES 1. Insuring Agreement e. When this policy applies to an incident that causes serious bodily injury or property damage we will reimburse you for eligible crisis management expense you incur and report to us within six months of the incident. B. The following changes are made to SECTION Il LIMITS OF INSURANCE 1. Paragraph 2. is deleted in its entirety and replaced with the following The limit of insurance shown in the Declarations as the Aggregate Limit is the most we will pay for the sum of all ultimate net loss and eligible crisis management expense to which this insurance applies. This Aggregate Limit applies separately to all ultimate net loss a. Included in the operations hazard b. To which and in the same manner an aggregate limit under scheduled underlying insurance other than ultimate net loss included in the products completed operations hazard and products completed c. To which no scheduled underlying insurance applies and includes any associated management expense. eligible crisis The Crisis Management Expense Aggregate Limit listed in the Schedule above is included within and is not in addition to the Aggregate Limit of this policy. The following paragraph is added 6. Subject to 2. above the Crisis Management Expense Aggregate Limit stated in the Schedule is the most we will pay for the sum of all eligible crisis management expense to which this insurance applies. C. The following definitions are added to SECTION V DEFINITIONS 1. Serious bodily injury or property damage means injury to three or more people resulting in death permanent disfigurement or the permanent loss or impairment of a bodily function body part or organ. Serious bodily injury or property damage also means property damage to which this insurance applies. Eligible crisis management expense means reasonable and necessary expenses incurred by a crisis management firm that you hire to provide media management services for the purpose of maintaining and restoring public confidence in you. But eligible crisis management expense does not mean any of the following a. Salary wages or benefits of you your employees or your temporary workers b. Costs to acquire repair or replace real or personal property Your loss of business income Your expense to hire a public adjuster or appraiser or any other claim adjustment expenses incurred by you and e. Bodily injury property damage personal and advertising injury or any expense or other coverage this policy provides other than this CRISIS MANAGEMENT COVERAGE ENDORSEMENT. All other terms conditions and exclusions of this policy remain unchanged. G300982 A Ed. 0710 Page 1 of 1 | 2 |
G301134 A Ed. 1010 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KEY EMPLOYEE REPLACEMENT EXPENSE COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART SCHEDULE Limit of Insurance 100000 per Key Employee Key Employee Replacement Expense Coverage Aggregate Limit 100000 per policy period. Solely with respect to the Key Employment Replacement Expense Coverage provided by this endorsement the following changes apply to the Commercial Umbrella Plus Coverage Part. I. The following paragraphs are added to SECTION f. Any accident while the Key Employee was COVERAGES 1. Insuring Agreement driving while intoxicated impaired or other f. We will reimburse you for the actual and wise under the influence of alcohol or G301134 A necessary Key Employee Replacement Expense you incur due to your permanent loss of the g. Taking illegally obtained drugs. fovosso 3 Ky Enloee Catsod Dy 3 e o v youwoud o e covered accident and reported to us within six y months of the covered accident. a. Find a permanent replacement for the Key Insurance under this endorsement applies only if the Employee and covered accident occurs while your policy is in effect. b. Reduce or discontinue the Key Employee But the period of time for which we will pay expenses Replacement Expense covered under this endorsement will not be limited by the expiration of your policy. as soon as possible after your permanent loss of the services of the Key Employee caused by a Insurance under this endorsement does not apply to covered accident. 1. The death or permanent disability of a Key Insurance under this endorsement includes the Employee relating to or arising out of reasonable extra expense you incur to minimize i I the amount of Key Employee Replacement a. War and Miltary Action meaning Expense but only to the extent the amount of 1 War including undeclared or civil war Key Employee Replacement Expense otherwise 2 Warlike action by a miltary force payable under this endorsement is reduced. including action in hindering or defending 3. Any additional expenses incurred due to your loss against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in defending against any of these b. Nuclear reaction or radiation or radioactive contamination however caused c. Sickness or disease including metal illness or mental injury d. Pregnancy childbirth miscarriage or abortion e. Suicide attempted suicide or self inflicted bodily injury while sane or insane Ed. 1010 of the services of a permanent replacement employee appointed or hired to replace a Key Employee however caused. But this exclusion does not apply if the replacement employee is included in the definition as a Key Employee and your loss of the services of the replacement employee is caused by a covered accident. The amount of Key Employee Replacement Expense will be determined based on 1. Copyright 2010 CNA Financial Corporation The actual and necessary expenses covered under this endorsement which you incur to find to appoint or hire and to train a permanent replacement for the Key Employee and to continue the performance of the Key Employee s normal job responsibilities while a permanent replacement is being sought appointed or hired Page 10f 3 nan nan nan nan 748858.0 1780109580002008.0 G301134 A Ed. 1010 Page 10f 3 | 2 |
G301134 A Ed. 1010 and trained. We will deduct from the total of such expenses 2. Necessary expenses Any expenses which would have been incurred by you for the Key Employee if you had not lost the services of the Key Employee and Any Key Employee Replacement Expense that is paid for by any other insurance. that reduce the Key Employee Replacement Expense that otherwise would have been incurred. Il. The following changes are made to SECTION lll LIMITS OF INSURANCE A. Paragraph 2. is deleted in its entirety and replaced with the following 2. The limit of insurance shown in the Declarations as the Aggregate Limit is the most we will pay for the sum of all ultimate net loss to which this insurance applies and applies separately to all ultimate net loss a. Included in the operations hazard products completed b. To which and in the same manner an aggregate limit applies under scheduled underlying insurance other than ultimate net loss included in the products competed operations hazard and c. To which no scheduled underlying insurance applies. The most we will pay for Key Employee Replacement Expense due to your loss of the services of any one Key Employee is the applicable Limit of Insurance shown in the Schedule for the Key Employee. The amount payable under this endorsement is not subject to the retained limit. The limit of insurance shown in the Schedule above as the Key Employee Replacement Expense Coverage Aggregate Limit is the most we will pay for the sum of all Key Employee Replacement Expense to which this insurance applies. This Key Employee Replacement Expense Coverage Aggregate Limit listed in the Schedule above is included within and is not in addition to the Aggregate Limit of this policy. The Aggregate Limit does not apply to ultimate net loss for which no aggregate limit applies in the scheduled underlying insurance. B. Paragraph 3. is deleted in its entirety and replaced with the following G301134 A Ed. 1010 Copyright 2010 CNA Financial Corporation Subject to 2. above the limit of insurance shown in the Declarations as the Each Incident limit is the most we will pay for the sum of all ultimate net loss and all Key Employee Replacement Expense to which this insurance applies arising out of any one incident. Il The following definitions are added to SECTION V DEFINITIONS Key Employee Replacement Expense as used in this endorsement means the necessary expenses you incur that you would not have incurred if you had not lost the services of the Key Employee 1. To continue the performance of the Key Employee s normal job responsibilities with comparable quality while a permanent replacement for the Key Employee is being sought appointed or hired and trained. Insurance under this endorsement for these expenses will apply for the period of time beginning on the date of your permanent loss of the services of the Key Employee caused by a covered accident and ending 60 days after the date a permanent replacement for the Key Employee is appointed or hired subject to a maximum period of 180 days. To find a qualified permanent replacement to fill the Key Employee s position described in the Schedule meaning the normal and reasonable a. Costs of advertising the employment position opening b. Travel lodging meal and entertainment expenses incurred in interviewing job applicants for the employment position opening and c. Miscellaneous extra expenses incurred in finding interviewing and negotiating with the job applicants including but not limited to overtime pay costs to verify the background and references the job applicants and legal expenses incurred to draw up employment contracts. Insurance under this endorsement for these expenses will apply for the period of time beginning on the date of your permanent loss of the services of the Key Employee caused by a covered accident and ending on the date a permanent replacement for the Key Employee is appointed or hired subject to a maximum period of 180 days. To appoint or hire and to train a permanent replacement for the Key Employee meaning the normal and reasonable Page 20f 3 Copyright 2010 CNA Financial Corporation Page 20f 3 | 2 |
G301134 A Ed. 1010 a. Expenses you incur to relocate the replacement employee to an area within a reasonable commute from the applicable employment location described in the Schedule b. First year amounts of the replacement employee s i Annual base starting salary ii Employee perquisite costs and Employee benefit costs in excess of the amounts which would have been incurred for the Key Employee if you had not lost the services of the Key Employee. But we will not pay more for these expenses than 10 of the amounts which would have been incurred for the Key Employee. c. First year costs of the replacement employee s training and education if the training and education is necessary for the replacement employee to perform the duties of the applicable position listed in the definition of Key Employee with the same quality of service as the Key Employee. Insurance under this endorsement for these expenses will apply only if the permanent replacement for the Key Employee is appointed or hired within 180 days after the date of your permanent loss of the services of the Key Employee caused by a covered accident. But Key Employee Replacement Expense does not mean any of the following a. Except as provided in paragraph 3.b above salary wages or benefits of you your employees your temporary workers or volunteer workers b. Costs to acquire repair or replace real or personal property Your loss of business income Your expense to hire a public adjuster or appraiser or any other claim adjustment expenses incurred by you. C. e. Bodily injury property damage personal and advertising injury or any expense or other coverage this policy provides other than this KEY EMPLOYEE REPLACEMENT EXPENSE COVERAGE ENDORSEMENT. Covered Accident means a sudden and unexpected incident not otherwise excluded in this endorsement which solely and independently of any other cause results in the Key Employee s 1. Death or 2. Permanent disability meaning the permanent physical inability or mental inability due to a permanent physical inability of the Key Employee to perform the normal duties of the applicable position for which the individual qualifies as a Key Employee within one year after the date of the sudden occurrence. Key Employee means of the following officer and employment positions Chief Executive Officer Chief Operating Officer Chief Financial Officer Corporate Secretary Treasurer oo wN Executive Vice President and 7. Risk Manager. The following is added to the definition of incident c. With respect to Key Employee Replacement Expense Coverage incident means a Covered Accident. All other terms conditions and exclusions of this policy remain unchanged. C. e. Bodily injury property damage personal and advertising injury or any expense or other coverage this policy provides other than this KEY EMPLOYEE REPLACEMENT EXPENSE COVERAGE ENDORSEMENT. Covered Accident means a sudden and unexpected incident not otherwise excluded in this endorsement which solely and independently of any other cause results in the Key Employee s 1. Death or 2. Permanent disability meaning the permanent physical inability or mental inability due to a permanent physical inability of the Key Employee to perform the normal duties of the applicable position for which the individual qualifies as a Key Employee within one year after the date of the sudden occurrence. Key Employee means of the following officer and employment positions Chief Executive Officer Chief Operating Officer Chief Financial Officer Corporate Secretary Treasurer oo wN Executive Vice President and 7. Risk Manager. The following is added to the definition of incident c. With respect to Key Employee Replacement Expense Coverage incident means a Covered Accident. 548858 1780109580002008 G301134 A Ed. 1010 Copyright 2010 CNA Financial Corporation Page 30f 3 | 2 |
CNA CHANGE ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT IS A PART OF YOUR POLICY AND TAKES EFFECT ON THE EFFECTIVE DATE OF YOUR POLICY UNLESS ANOTHER EFFECTIVE DATE IS SHOWN BELOW. Sexual Misconduct Exclusion Itis agreed that this insurance does not apply to claims arising out of the sexual or physical abuse or molestation of any person by the insured the employee of the insured or any volunteer worker. Itis further agreed we shall not have the duty to defend any suit against the insured seeking damages on account of the above. POLICY CHANGE NO. EFFECTIVE DATE OF THIS POLICY CHANGE COUNTERSIGNED BY DATE AUTHORIZED REPRESENTATIVE P56015 B 1191 ED. | 2 |
IL00 17 1198 A. D. COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. Cancellation 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium or b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed proof of mailing will be sufficient proof of notice. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy. Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. Inspections And Surveys 1. We have the right to a. Make inspections and surveys at any time b. Give you reports on the conditions we find and c. Recommend changes. 2. We are not obligated to make any inspections surveys reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recommendations we may make relative to certification under state or municipal statutes ordinances or regulations of boilers pressure vessels or elevators. E. Premiums The first Named Insured shown in the Declarations 1. Is responsible for the payment of all premiums and 2. Will be the payee for any return premiums we pay. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. med Insured shown in the Declarations this policy by mailing or delivering to written notice of cancellation. ncel this policy by mailing or delivering t Named Insured written notice of at least ys before the effective date of ation if we cancel for nonpayment of n or ys before the effective date of ation if we cancel for any other reason. or deliver our notice to the first Named st mailing address known to us. ncellation will state the effective date of. The policy period will end on that y is cancelled we will send the first ured any premium refund due. If we refund will be pro rata. If the first ured cancels the refund may be less ta. The cancellation will be effective ave not made or offered a refund. nailed proof of mailing will be sufficient IL00 17 11 98 Copyright Insurance Services Office Inc. 1998 Page 1 of 1 | 2 |
IL 02 6109 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KANSAS CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraph 2. of the Cancellation Common Policy 4 Unfavorable underwriting factors specific to Condition is replaced by the following you exist that were not present at the 2.a. We may cancel this policy by mailing or inception of this policy delivering to the first Named Insured written 5 A determinaton by the insurance notice of cancellation stating the reasons for commissioner that continuation of coverage cancellation at least could place us in a hazardous financial 1 10 days before the effective date of condition or in violation of the laws of cancellation if we cancel for nonpayment of Kansas or premium. 6 A determination by the insurance 2 30 days before the effective date of commissiongr that we no longer have cancellation if we cancel for any other adequate reinsurance to meet our needs. reason. B. The following is added and supersedes any b. If this policy has been in effect for 90 days or condition to the contrary more or if it is a renewal of a policy we issued NONRENEWAL we may CaFe this policy only for one or more 1. If we decide not to renew this policy we will of the following reasons mail or deliver written notice of nonrenewal 1 Nonpayment of premium stating the reasons for nonrenewal to the first Named Insured at least 60 days prior to the expiration of the policy. 2. Any notice of nonrenewal will be mailed or delivered to the first Named Insured s last mailing address known to us. If notice is mailed proof of mailing will be sufficient proof of notice. 2 This policy was issued because of material misrepresentation 3 You or any other insured violated any of the material terms and conditions of this policy 48858L1780109580002008 IL 02 61 09 07 Page 1 of 1 Copyright ISO Properties Inc. 2006 | 2 |
CNA 333 S Wabash Chicago lllinois 60604 Policy Number From Policy Period To Coverage Is Provided By Agency A6010341785 010115 010116 Continental Casualty Company 023973978 Named Insured And Address Agent DEDICATED DISTRIBUTION INC LOCKTON COMPANIES LLC 640 MIAMI AVE 444 W. 47TH ST. 900 KANSAS CITY KS 66105 KANSAS CITY MO 64112 PAYMENT PLAN SCHEDULE IT IS AGREED THAT THE TOTAL ESTIMATED PREMIUM SHOWN IN THE DECLARATIONS OF THIS POLICY IS PAYABLE AS FOLLOWS EFFECTIVE DATE 01012015 TOTAL PREMIUM PREMIUM 1010.00 1010.00 nan nan nan nan 848858.0 1780109580002008.0 ISSUE DATE 012215 | 2 |
nan nan nan nan 6488582.0 1780109580002008.0 END OF COPY | 2 |
CNA 10020008150953894811878 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 CMP PHARMA INC. Policy Number A 5095389481 Line of Business CUP Agent Name LOCKTON COMPANIES LLC Producer code 023973 Branch HPRO ADVANCED TECHNOLOGY Transaction Type Renewal Transaction Effective Date 10152014 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 Line of Business CUP Branch HPRO ADVANCED TECHNOLOGY Transaction Processed Correctly | 2 |
6L81187688560515000200 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 0881876885605 15000200 | 2 |
CNA Commercial Umbrella Renewal Declaration POLICY NUMBER A 5095389481 COVERAGE PROVIDED BY FROM PO CONTINENTAL CASUALTY COMPANY 1015201 333 S. WABASH CHICAGO IL. 60604 INSURED NAME AND ADDRESS CMP PHARMA INC. P.O. BOX 147 FARMVILLE NC 27828 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 10152014 10152015 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 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 FIat Charge 3283 Minimum Premium 3283 Annual Total Advance Premium 3283.00 Your Premium includes the following amount for Certified Acts of Terrorism Coverage 33.00 Audit Period is Not Auditable 33.00 INSURED Page | 2 |
POLICY NUMBER A 5095389481 INSURED NAME AND ADDRESS CMP PHARMA INC. P.O. BOX 147 FARMVILLE NC 27828 POLICY LIMITS OF INSURANCE Each Incident 5000 000 Aggregate 5000000 RETAINED LIMIT Retained Limit 0 SCHEDULE OF UNDERLYING INSURANCE Underlying Insurer Policy Number Underlying LimitS of Policy Period Insurance Coverages Insurance Natl Fire Ins Co of Hartford General Each Occurrence Limit 51000000 Liability General Aggregate Limit 2000 000 Does nt apply per location 5095389450 Does nt apply per project Eff 10152014 to 10152015 Products Completed Operations EXCLUDED Aggregate Limit Personal and Advertising 1000 000 Injury Liability Limit The Continental Insurance Co. Automobile Combined Bodily Injury and Liability Property Damage Liability Each Accident Limit 1000 000 5095389478 Bodily Injury Liability Each Person Limit Eff 10152014 to 10152015 Each Accident Limit Property Damage Liability Each Accident Limit Valley Forge Insurance Co. Employers Bodily Injury By Accident Liability Each Accident Limit 500 000 Bodily Injury By Disease 5095389464 Each Employee Limit 500 000 Policy Limit 500 000 Eff 10152014 to 10152015 Natl Fire Ins Co of Hartford Employee Each Employee Limit 1000000 Benefit Limit Aggregate Limit 2000000 5095389450 Eff 10152014 to 10152015 Aggregate 5000000 nan nan nan nan 95389450.0 nan nan nan nan 95389478.0 nan nan nan nan 95389464.0 00000 500000 500 000 Disease Limit ggregate Limit nan nan nan nan 95389450.0 Page INSURED | 2 |
POLICY NUMBER A 5095389481 INSURED NAME AND ADDRESS CMP PHARMA INC. P.O. BOX 147 FARMVILLE NC 27828 ADDITIONAL NAMED INSUREDS SCHEDULE CAROLINA MEDICAL PRODUCTS Page INSURED | 2 |
POLICY NUMBER A 5095389481 INSURED NAME AND ADDRESS CMP PHARMA INC. P.O. BOX 147 FARMVILLE NC 27828 FORMS AND ENDORSEMENTS SCHEDULE Form Number G56015B G133136B G144036A G15057C G17900B G18121B G18132C G18244A G300912A G300968A G300969A G300982A G301134A IL0017 IL0269 P56015B 111991 072005 082002 062005 012004 101996 022013 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 Personal and Advertising Injury Limitation Endt UMB Products Completed Operations Liability Excl Amendment of Insuring Agreement Employee Benefit 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 No. Carolina 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 5095389481 INSURED NAME AND ADDRESS CMP PHARMA INC. P.O. BOX 147 FARMVILLE NC 27828 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. 8811876885605 18000200 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 5881876885605 15000200 | 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 9881187688605 15000200 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 881187688560519000200 | 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 |
G15057 C Ed. 0605 No person or organization is an insured with respect to the conduct of any current or past limited liability company that is not shown as a Named Insured in the Declarations. A corporation or organization other than partnerships joint ventures or limited liability companies that you form acquire or gain control of during the policy period but only with respect to bodily injury property damage or personal and advertising injury taking place after you form acquire or gain control of such corporation or organization. 2. Insured means the Named Insured and Your volunteer workers only while performing duties related to the conduct of your business or your employees other than your executive officers and directors if you are an organization other than a partnership joint venture or limited liability company or your members if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct or your business. However none of these employees or volunteer workers is an insured for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company or to a co employee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business b To the spouse child parent brother or sister of that co employee or volunteer worker as a consequence of Paragraph 1a above For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs 1a or b above or c Arising out of his or her providing or failing to provide professional health care services. 2 Property damage to property a Owned occupied or used by b Rented to in the care custody or control or or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. b. A person or organization for whom you are required by virtue of a written contract entered into prior to the bodily injury property damage or personal and advertising injury occurring or being committed to provide the insurance that is afforded by this policy. This insurance applies only with respect to operations by you or on your behalf or to facilities you own or use but only to the extent of the limits of insurance required by such contract not to exceed the limits of insurance in this policy. c. Any other persons or organizations included as an insured under the provisions of the scheduled underlying insurance shown in the Declarations of this policy and then only for the same coverage except for limits of insurance afforded under such scheduled underlying insurance. However If a blanket additional insured endorsement is attached to the general liability scheduled underlying insurance pursuant to a written or oral contract or agreement between you and another person or organization called additional insured this insurance is excess over such insurance provided to the additional insured subject to the following conditions 1 If the limits specified in the written contract or agreement are less than the limits provided by the scheduled underlying insurance then no coverage is provided to the additional insured under this policy. If the limits specified in the written contract or agreement are greater than the limits provided by the scheduled underlying insurance then this insurance is excess over the insurance provided by the scheduled underlying insurance. The limits of insurance for the additional insured are the lesser of i The limits specified in the written contract or i The limits of the scheduled underlying insurance plus the limits of this policy. SECTION Il LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought c. Persons or organizations making claims or bringing suits. 8811876885605 15000200 G15057 C Ed. 0605 Page 7 of 17 | 1 |
G15057 C Ed. 0605 d. Automobiles aircraft or watercraft to which this policy applies or e. Coverages under which loss is insured in this policy. 2. The limit of insurance shown in the Declarations as the Aggregate Limit is the most we will pay for the sum of all ultimate net loss to which this insurance applies and applies separately to all ultimate net loss a. Included in the products completed operations hazard b. To which and in the same manner an aggregate limit applies under scheduled underlying insurance other than ultimate net loss included in the products competed operations hazard and c. To which no scheduled underlying insurance applies. The Aggregate Limit does not apply to ultimate net loss for which no aggregate limit applies in the scheduled underlying insurance. 3. Subject to 2. above the limit of insurance shown in the Declarations as the Each Incident limit is the most we will pay for the sum of all ultimate net loss to which this insurance applies arising arising out of any one incident. 4. In the event of reduction or exhaustion of the aggregate limits of insurance under scheduled underlying insurance solely by reason of payments of a combination of covered a. Expenses b. Settlements or c. Judgments paid thereunder as a result of bodily injury property damage or personal and advertising injury taking place during this policy period this policy shall subject to this limit of insurance provision and to the remaining terms and provisions and conditions of this policy a. Apply in excess of such reduction of scheduled underlying insurance or b. Apply in place of the exhausted amount of scheduled underlying insurance. Nothing in a. or b. above shall serve to increase the limits of insurance shown in the Declarations. 5. The limits of this policy shall apply separately to a. Each consecutive annual period and b. Remaining periods of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less G15057 C Ed. 0605 than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the limits of insurance. SECTION IV CONDITIONS 1. Financial Impairment Bankruptcy rehabilitation receivership liquidation or other financial impairment of you or an underlying insurer shall neither relieve nor increase any of our obligations under this policy. In the event there is diminished recovery or no recovery available to you as a result of such financial impairment of an insurer providing scheduled underlying insurance the coverage under this policy shall apply only in excess of the limits of insurance stated in the scheduled underlying insurance. Under no circumstances shall we be required to drop down and replace the limits of insurance or assume the obligations of a financially impaired insurer. 2. Duties of the Insured a. Inthe event of an incident which has not resulted in a claim or suit. Whenever you have information of an incident which involves injuries or damages likely to involve this policy written notice shall be given by or for you to us or to our authorized agent as soon as practicable. The notice shall contain 1 Particular information sufficient to identify the insured 2 Such information as can be reasonably obtained with respect to time place and circumstances of the occurrence or offense and 3 Names and addresses of the insured and of available witnesses. b. In the Event of Claims or Suit You shall provide us with written notice as soon as practicable whenever 1 A claim is made or suit is brought against you 2 You receive notice that a right to bring claim or suit against you will be asserted or 3 You obtain information that the obligation of underlying insurers to a Investigate b Defend c Pay on behalf of or d Indemnify you has ceased. Page 8 of 17 Page 8 of 17 | 1 |
G15057 C Ed. 0605 H Every demand notice summons amended complaint or other process received by you or your representative shall be forwarded with each notice. 3. Legal Action Against Us No legal action shall be brought against us unless you have fully complied with all the terms of this policy and the amount of your obligation to pay has been finally determined either by a. Judgment against you after actual trial or b. Written agreement between us you and the claimant. 4. Other Insurance This insurance is excess over and will not contribute with any other insurance available to the insured whether such other insurance is stated to be primary contributory excess contingent or otherwise. This condition does not apply to insurance purchased specifically to apply in excess of this insurance. 5. Premium Audit a. We will compute all premiums for this policy in accordance with our rules and rates. b. If the premium is shown in the Declarations as flat the premium for this policy is not subject to adjustment. c. If the premium is shown in the Declarations as adjustable the premium shown as the advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period. Audit premiums are due and payable on notice to the first Named Insured shown in the Declarations. If the sum of the advance and audit premiums paid for the policy term are greater than the earned premium we will return the excess subject to the minimum premium to the first Named Insured shown in the Declarations. d. The first Named Insured shown in the Declarations must keep records of the information we need for premium computation and send us copies at such times as we request. 6. Nonrenewal If we decide not to renew this policy we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. 7. Severability of Interests The insurance afforded applies separately to each insured against whom claim is made or suit is G15057 C Ed. 0605 10. 1. brought. However the inclusion of more than one insured shall not operate to increase the limits of insurance. Annual Rating If this policy is issued for a period in excess of one year the premium may be revised on each annual anniversary in accordance with our rates and rules in effect at that time. Scheduled Underlying Insurance Material change in premium for scheduled underlying insurance shall be promptly reported to us. Premium for this policy may be adjusted to reflect changes in underlying insurance in accordance with our manuals in effect at the time of the change. Maintenance of Scheduled Underlying Insurance While this policy is in force you agree that the policies listed in the Declarations as scheduled underlying insurance and their renewals and replacements shall be maintained without alterations of terms or conditions in full effect during the term of this policy except for reduction or exhaustion of the aggregate limits of insurance in the scheduled underlying insurance provided that such reduction or exhaustion is solely the result of incidents taking place during this policy period and not before. If you fail to maintain scheduled underlying insurance this condition shall not invalidate this policy. However in the event of such failure we will only be liable to the same extent as if you had complied with this condition. Appeals If you or your underlying insurers elect not to appeal a judgment in excess of the limits of insurance afforded by the a. Scheduled underlying insurance b. Unscheduled underlying insurance or c. Retained limit we may elect to appeal. Our limit of liability shall not be increased because of such appeal. We will however pay the following costs and expenses a. All premium bonds to release attachments for an amount not in excess of the applicable limit of liability of this policy b. All premiums on appeal bonds required in such defended suit but without obligation to apply for or furnish such bonds c. Court fees d. Costs and expenses taxed against you by the appellate court and interest accruing after entry of a judgment against you and before we have 1 Paid Page 9 of 17 ent between us you and the T insurance Is staled 0 be primary ss contingent or otherwise. This ot apply to insurance purchased y in excess of this insurance. ute all premiums for this policy in th our rules and rates. is shown in the Declarations as flat for this policy is not subject to n is shown in the Declarations as 6881 1876885605 15000200 Page 9 of 17 | 1 |
G15057 C Ed. 0605 2 Offered to pay or 3 Deposited in court the part of the judgment that is within the applicable limit of insurance. Where the underlying insurers terminate their liability to pay interest on the judgment by an offer to pay their limits you shall demand that such limits be paid. If the appeal is successful such amounts not obligated to be paid shall be returned to such underlying insurer. 12. Subrogation In the case of any payments by us under the coverages of this policy we shall be subrogated to all rights of recovery against any other party which you may have and will cooperate with you and all other interests. Amounts recovered shall be apportioned in the following order a. Amounts paid in excess of the payments under this policy shall first be reimbursed up to the amount paid by those including you who made such payments b. We are then to be reimbursed up to the amount we paid c. Any remainder shall be available to the interests of those over whom this coverage is in excess and who are entitled to claim such remainder. Expenses necessary to the recovery of such amounts shall be divided between the interests concerned including you in the ratio of their respective recoveries as finally settled. 13. Settlement of Claims or Suit We may pay but are not obligated to pay any part or all of the amount of the retained limit to effect settlement of a claim or suit. Upon notification of the action taken you shall promptly reimburse us for such part of the retained limit that we had paid. All named insureds are jointly and severally responsible for our reimbursement and agree to make such reimbursement within 30 days after we give you written notice or demand for payment. 14. Sole Agent The insured first named in the Declarations is authorized to act on behalf of all named insureds and other insureds with respect to a. The giving and receiving of notice of cancellation and b. Receiving return premium that may be payable under this policy. The insured first named in the Declarations is responsible for the payment of premiums but the other named Insureds jointly and severally agree to make G15057 C Ed. 0605 such payments in full if the insured first named fails to pay the amount due within 30 days after we give written notice or demand. 15. Trade Sanctions In accordance with laws and regulations of the United States concerning economic and trade embargoes this policy is void ab initio void from its inception with respect to any term or condition of this policy that violates any laws or regulations of the United States concerning economic and trade embargoes including but not limited to the following a. Any insured or any person or entity claiming the benefits of an insured who is or becomes a Specially Designated National or Blocked Person or who is otherwise subject to U.S. economic or trade sanctions b. Any claim or suit that is brought in a Sanctioned Country or by a Sanctioned Country Government where any action in connection with such claim or suit is prohibited by U.S. economic or trade sanctions c. Any claim or suit that is brought by any Specially Designated National or Blocked Person or any person or entity who is otherwise subject to U.S. economic or trade sanctions d. Property that is located in a Sanctioned Country or that is owned by rented to or in the care custody or control of a Sanctioned Country Government where any activities related to such property are prohibited by U.S. economic or trade sanctions or e. Property that is owned by rented to or in the care custody or control of a Specially Designated National or Blocked Person or any person or entity who is otherwise subject to U.S. economic or trade sanctions. As used in this policy a Specially Designated National or Blocked Person is any person or entity that is on the list of Specially Designated Nationals and Blocked Persons issued by the U.S. Treasury Department s Office of Foreign Asset Control O.F.A.C. as it may be from time to time amended. As used in this policy a Sanctioned Country is any country that is the subject of trade or economic embargoes imposed by the laws or regulations of the United States of America. SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition Page 10 of 17 g Insurers terminate their liability to pay 1 the judgment by an offer to pay their shall demand that such limits be paid. If al is successful such amounts not to be paid shall be returned to such g insurer. of any payments by us under the his policy we shall be subrogated to all ery against any other party which you I will cooperate with you and all other unts recovered shall be apportioned in rder paid in excess of the payments under shall first be reimbursed up to the aid by those including you who made ents en to be reimbursed up to the amount nder shall be available to the interests of r whom this coverage is in excess and ntitled to claim such remainder. essary to the recovery of such amounts led between the interests concerned in the ratio of their respective recoveries Claims or Suit out are not obligated to pay any part or ount of the retained limit to effect 1 claim or suit. Upon notification of the ou shall promptly reimburse us for such ained limit that we had paid. All named ointly and severally responsible for our t and agree to make such t within 30 days after we give you or demand for payment. first named in the Declarations is act on behalf of all named insureds and Page 10 of 17 | 1 |
G15057 C Ed. 0605 H a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding websites only that part of a website that is about your goods or services for the purposes of attracting customers or supporters is considered an advertisement. 2. Automobile means a. A land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. However automobile does not include mobile equipment. 3. Bodily injury means bodily injury sickness or disease sustained by a person including death humiliation shock mental anguish or mental injury by that person at any time which results as a consequence of the bodily injury sickness or disease. 4. Aircraft means a vehicle designed to transport persons or property in the air. 5. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. ltincorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by a. The repair replacement adjustment or removal of your product or your work or b. Your fulfiling the terms of the contract or agreement. 6. Insured contract means a. Alease of premises b. A sidetrack agreement c. An easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. Anindemnification of a municipality as required by ordinance except in connection with work for a municipality e. An elevator maintenance agreement or f. The part of other contracts or agreements pertaining to your business including an G15057 C Ed. 0605 indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability to pay damages because of bodily injury or property damage to a third person or organization if the contracts or agreements are made prior to the bodily injury or property damage. Tort liability means liability that would be imposed by law in the absence of contracts or agreements. An insured contract does not include that part of a contract or agreement a. That indemnifies an architect engineer or surveyor for an injury or damages arising out of 1 Preparing approving or failing to prepare or approve a Maps b Drawings c Opinions d Reports e Surveys f Change orders g Designs or Specifications or 2 Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage b. Under which the insured if an architect engineer or surveyor assumes liability for injury or damage arising out of the insured s rendering or failure to render professional services including those listed in a.1 above and supervisory inspection or engineering services or c. That indemnifies a person or organization for damage by fire to premises rented or loaned to an insured. Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or automobile b. While it is in or on an aircraft watercraft or automobile or c. While it is being moved from an aircraft watercraft or automobile to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or automobile. Page 11 of 17 0681 1876885605 18000200 | 1 |
G15057 C Ed. 0605 8. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads Vehicles that travel on crawler treads Vehicles maintained for use solely on or next to premises you own or rent Vehicles whether maintained primarily permanently mounted self propelled or not to provide mobility to 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers Vehicles not described in a. b.. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers Vehicles not described in a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following type of permanently attached equipment are not mobile equipment but will be considered automobiles 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobiles or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a G15057 C Ed. 0605 10. 1. compulsory or financial responsibility law or other motor vehicle insurance law are considered automobiles Incident a. With respect to bodily injury and property damage incident means an occurrence. An occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. With respect to personal and advertising injury incident means an offense arising out of your business. Personal and Advertising Injury means injury including consequential bodily injury arising out of one or more of the following offenses a. b. c. False arrest detention or imprisonment Malicious prosecution or abuse of process Wrongful eviction from wrongful entry into or the invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor Discrimination unless such insurance is prohibited by law Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services Oral or written publication in any manner of material that violates a person s right of privacy The use of another s advertising idea in your advertisement Infringing upon another s copyright trade dress or slogan in your advertisement. Products completed operations hazard includes bodily injury and property damage occurring away from premises an insured owns or rents and arising out of your product or your work except 1 Products in your physical possession or 2 Work not yet completed or abandoned. Your work will be deemed completed at the earliest of the following 1 When all work called for in the insured contract has been completed 2 When all of the work to be done at the site has been completed if the insured s contract calls for work at more than one site or Page 12 of 17 or next to or not obility to resurfacing equipment ers or rollers. b. c. or d. above that are maintained primarily permanently attached types mps and generators lding building cleaning on lighting and well r imilar devices used to a. b. c. or d. above urposes other than the r cargo. hicles with the following he d equipment are not will be considered rimarily for 11. Page 12 of 17 | 1 |
G15057 C Ed. 0605 10020008150953894811891 3 When that part of the work done at a job site has been put to its intended use by a person or organization other than another contractor or subcontractor working on the same project. Work that may need a Service b Maintenance c Correction d Repair or e Replacement but which is otherwise complete will be treated as completed. c. This hazard does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle created by the loading or unloading of it or 2 The existence of a Tools b Uninstalled equipment or c Abandoned or unused materials. 12. Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. 13. Suit means a civil proceeding in which damages because of a. Bodily injury b. Property damage or c. Personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding alleging such damages to which you must submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which you submit with our consent. 14. Your product means a. Any goods or products other than real property manufactured sold handled distributed or disposed of by 1 You 2 Others trading under your name or 3 A person or organization whose business or assets you have acquired and b. Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. Your product includes warranties or representations made with respect to the fitness quality durability performance or use of your product and the providing of or failure to provide warnings or instructions. Your product does not include vending machines or other property rented to or located for the use of others but not sold. 15. Your work means a. Work or operations performed by you or on your behalf and b. Materials parts or equipment furnished in connection with such work or operations. Your work includes warranties or representations made with respect to the fitness quality durability performance or use of your work and the providing of or failure to provide warnings or instructions. 16. Retained li means the amount stated as such in the Declarations. The retained limit is retained and payable by the insured as respects all incidents not covered by scheduled underlying insurance or by unscheduled underlying insurance. 17. Scheduled underlying insurance means the insurance policies listed in the Schedule of Underlying Insurance including renewal or replacement of such contracts which are not more restrictive than those listed in the aforementioned Schedule of Underlying Insurance. 18. Ultimate net loss a. Ultimate net loss means the actual damages the insured is legally obligated to pay either through 1 Final adjudication on the merits or 2 Through compromise settlement with our written consent or direction because of incidents covered by this policy. However it includes the above mentioned sums only after deducting all other recoveries and salvages. other than another contractor r working on the same project. need ce nt ise complete will be treated as not include bodily injury or arising out of tion of property unless the e arises out of a condition in or created by the loading or e of ed equipment or ed or unused materials. neans tangible property including all ise of that property. All such loss G15057 C Ed. 0605 Page 13 of 17 | 1 |
G15057 C Ed. 0605 b. Ultimate net loss does not include the following 1 Costs or expenses related to a Litigation b Settlement c Adjustment or d Appeals nor costs or expenses incident to the same which an underlying insurer has paid incurred or is obligated to pay to or on behalf of the insured 2 Pre judgment interest 3 Office costs and expenses and salaries and expenses of the employees of an insured 4 Our office costs and expenses and salaries of our employees or 5 General retainer andor monitoring fees of counsel retained by the insured. 19. Underlying insurer means an insurer whose policy covers bodily injury property damage or personal and advertising injury also covered by this policy but does not include insurers whose policies were purchased specifically to be in excess of this policy. It includes all insurers providing a. Unscheduled underlying insurance and b. Scheduled underlying insurance. 20. Unscheduled underlying insurance a. Unscheduled underlying insurance means insurance policies available to an insured whether 1 Primary 2 Excess 3 Excess contingent or 4 Otherwise except the policies listed in the Schedule of Underlying Insurance. b. Unscheduled underlying insurance does not include insurance purchased specifically to be excess of this policy. 21. Watercraft means a vehicle designed to transport persons or property in or on water. 22 Authorized Insured means any named insured or any employee authorized by a named insured to give or receive notice of a claim or suit. 23. Electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including G15057 C Ed. 0605 systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 24. Pollutants means any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. 25. Fungi or microbes means a. Any form of fungus yeast mold mildew or mushroom including mycotoxins spores scents byproducts or other substances produced or released by fungi and b. Any bacteria virus or any other non fungal single celled or colony form organism including any toxins scents byproducts or other substances it produces or releases whose injurious source is in or on a building or its contents. But fungi and microbes does not include fungi that were deliberately grown for human consumption microbes that were transmitted directly from person to person or microbes that caused food poisoning if your business is food processing sales or serving. 26. Silica means the chemical compound silicon dioxide Si02 in any form including dust which contains silica. 27. Asbestos means the mineral in any form whether or not the asbestos was at any time a. Airborne as a fiber particle or dust b. Contained in or formed a part of a product structure or other real or personal property c. Carried on clothing d. Inhaled or ingested or e. Transmitted by any other means. 28. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. SECTION VI DEFENSE PAYMENT AND RELATED DUTIES 1. If a claim or suit alleges damages covered by underlying policies and the obligation of all underlying insurers either to a. Investigate and defend the insured or b. Pay the cost of such investigation and defense ceases solely through exhaustion of all underlying limits of insurance through payment of a combination Page 14 of 17 Py R A MR es and salaries and es of an insured enses and salaries of monitoring fees of nsured. insurer whose policy lamage or personal red by this policy but underlying insurance and derlying insurance. lerlying insurance underlying insurance means icies available to an insured ntingent or | 1 |
G15057 C Ed. 0605 H of covered expenses settlements or judgments for bodily injury property damage or personal and advertising injury taking place during our policy period then we will either a. Assume the investigation and defense of the insured against suits seeking damages or b. If we elect not to assume the investigation and defense in 1.a. above we will reimburse the insured for reasonable defense costs and expenses incurred with our written consent. However such reimbursement excludes 1 Office expenses of the insured 2 Salaries and expenses of employees and 3 General retainer fees of counsel retained by the insured. We will investigate and defend an insured or reimburse an insured for suits brought against an insured for a claim or suit that alleges damages because of bodily injury property damage or personal and advertising injury not covered under a. Scheduled underlying insurance and b. Unscheduled underlying insurance but which seeks damages because of bodily injury property damage or personal and advertising injut otherwise covered under this policy. Costs and expanses of such investigation and defense are not subject to the retained limit. We will investigate and defend an insured or reimburse an insured for such costs of investigation and defense described in either 1. or 2. above even if the allegations of a suit are a. Groundless b. False or c. Fraudulent but only until we make payment or offer to pay or deposit in court that part of judgments not exceeding our limit of insurance. We shall also have the sole right to make settiement of a suit as we deem expedient. If not permitted by law or otherwise to perform these duties we will pay an insured for defense costs and expenses incurred with our prior written consent. Amounts we pay or incur pursuant to the obligation to defend or pay the costs and expenses of defense are in addition to and not subject to the limits of insurance stated in the Declarations. In addition to our limits of insurance we will pay prejudgment interest awarded against an insured on that part of a judgment covered by this policy. We will G15057 C Ed. 0605 not pay prejudgment interest on that period of time after we offer to pay a. Our limit of insurance or b. That portion of our limit of insurance which equals the amount of a settlement demand when combined with the limits of underlying insurers. 8. We will pay interest on a judgment that accrues after entry of that judgment but before we have a. Paid b. Offered to pay or c. Deposited in court that part of the judgment that is within the limit of insurance of this policy. The amount of interest we pay will be in direct proportion that amount we pay as damages bears to the total amount of judgment. We will not pay additional interest that accrues after we have a. Paid b. Offered to pay c. Deposited in court that part of the judgment that is within the limit of insurance of this policy. 9. We will pay all reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit. This includes actual loss of earnings up to liability 250. a day because of time off from work. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT BROAD FORM Itis agreed that I. This policy does not apply A. Under Liability Coverage to bodily injury personal and advertising injury or property damage 1. With respect to which an insured under this policy is also an insured under a nuclear energy liability policy issued by the a. Nuclear Energy Liability Insurance Association b. Mutual Atomic Energy Liability Underwriters or C. Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its Page 15 0of 17 wustce diild n consent. 3 es and retained by insured or against an s damages damage or ed under i odilv initrv feUIEAl IV SULIT Lists U TTIVESHgaUVit scribed in either 1. or 2. above even if NUCLEARE of a suit are It is agreed that I. This policy nan nan nan nan 2681.0 1876885605.0 150002004.0 Page 15 0of 17 | 1 |
G15057 C Ed. 0605 termination upon exhaustion of its limit of liability or 2. Resulting from the hazardous properties of nuclear material and with respect to which a. Any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law or amendment thereof or b. The insured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization. B. Under any Supplementary Payments provision relating to first aid to expenses incurred with respect to bodily injury resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. Under any Liability Coverage to bodily injury personal and advertising injury or property damage resulting from the hazardous properties of nuclear material if 1. The nuclear material a. Is at any nuclear facility owned by or operated by or on behalf of an insured or b. Has been discharged or therefrom dispersed 2. The nuclear material is contained in spent fuel or waste at any time possessed handled used processed stored transported or disposed of by or on behalf of an insured or 3. The bodily injury personal and advertising injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the Planning Construction a b.. Maintenance d. Operation or e. Use of any nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this exclusion C.3. applies only to property damage to such nuclear facility and any property threat. G15057 C Ed. 0605 As used in this endorsement A Hazardous properties include radioactive toxic or explosive properties. Nuclear material means source material special nuclear material or byproduct material. Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor. Waste means waste material 1. Containing by product material other than the tailings or waste produced by the extraction or concentration of uranium or thorium from ore processed primarily for its source material content and 2. Resulting from the operation by any person or organization of a nuclear facility included within paragraphs 1. and 2. of the definition of nuclear facility. Nuclear facility means 1. Any nuclear reactor 2. Any equipment or device designed or used for a. Separating the isotopes of uranium or plutonium b. Processing or utilizing spent fuel or c. handling waste processing or packaging 3. Any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment is located consists of or contains more than a. 25 grams of plutonium or uranium 233 or any combination thereof or b. 250 grams of uranium 235 4. Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. Page 16 of 17 Page 16 of 17 | 1 |
G15057 C Ed. 0605 Nuclear reactor means an apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. H. Property damage includes all forms of radioactive contamination of property. 681 1876885605 180002004 G15057 C Ed. 0605 Page 17 of 17 | 1 |
G17900 B Ed. 0104 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PERSONAL AND ADVERTISING INJURY LIMITATION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART The following paragraph is added to SECTION 1 personal and advertising injury. However this exclusion COVERAGE 2. Exclusions does not apply to any claim or suit for which coverage is provided by scheduled underlying insurance. This insurance does not apply to All other terms exclusions and conditions of this policy remain unchanged and in full force and effect. G17900 B Ed. 0104 Page 1 of 1 | 2 |
G18121 B Ed. 1096 CNA This endorsement modifies insurance provided under the following THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRODUCTS COMPLETED OPERATIONS AND LEASED PRODUCTS EXCLUSION COMMERCIAL UMBRELLA PLUS COVERAGE PART The following is added to 2. Exclusions Section I Coverages This insurance does not apply to Bodily injury or property damage included within the products completed operations hazard Bodily injury or property damage arising out of your products which are rented or leased to others Bodily injury or property damage included in the products completed operations hazard for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement or Personal injury or advertising injury arising out of your product or your work that has been completed or abandoned. Your work will be deemed completed at the earliest of the following times 1. When all of the work called for in your contract has been completed. 2. When all of the work to be done at the site has been completed if your contract calls for work at more than one site. 3. When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. Your work will be deemed completed at the earliest of the following times 1. When all of the work called for in your contract has been completed. When all of the work to be done at the site has been completed if your contract calls for work at more than one site. 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. 6811876885605 18000200 G18121 B Ed. 1096 Page 1 of 1 | 2 |
G18132C Ed. 0213 CNA AMENDMENT OF INSURING AGREEMENT EMPLOYEE BENEFITS LIABILITY Itis understood and agreed that this endorsement amends the COMMERCIAL UMBRELLA PLUS COVERAGE PART as follows 1. SECTION I COVERAGES is amended to add the following to Paragraph 1. Insuring Agreement We will also pay on behalf of the insured those sums in excess of scheduled underlying insurance that the insured becomes legally obligated to pay as ultimate net loss because of a negligent act error or omission committed in the administration of your employee benefit program but only if and to the extent such ultimate net loss is covered by scheduled underlying insurance. Only for the purpose of the coverage provided by this endorsement a. Employee benefit plan means the same as it does in scheduled underlying insurance. b. Incident means a negligent act error or omission committed by you or on your behalf in the administration of your employee benefit program. c. Condition 10. Maintenance of Scheduled Underlying Insurance is amended to delete its requirement that aggregate reduction or exhaustion result solely from incidents taking place during this policy period and not before. All other terms and conditions of the Policy remain unchanged. G18132C Ed. 0213 Page 1 of 1 Copyright CNA Al Rights Reserved. | 2 |
G18244 A Ed. 0692 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LEAD PAINT EXCLUSION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART EXCESS THIRD PARTY LIABILITY POLICY It is agreed that this insurance does not apply to any liability arising from past present or future claims arising in whole or in part either directly or indirectly out of the manufacture distribution sale resale rebranding installation repair re moval encapsulation abatement replacement or handling of or exposure to lead paint or products containing lead whether or not the lead is or was at any time airborne as a particle contained in a product ingested inhaled transmitted in any fashion or found in any form whatsoever. 6811876885605 18000200 G18244 A Ed. 0692 Page 1 of 1 | 2 |
G300912 A Ed. 0210 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLLUTION EXCLUSION AMENDMENT This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART Exclusion f. of SECTION COVERAGES is deleted in its entirety and is replaced by the following f. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a Ator from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured b At or from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste c Which are or were at any time transported handled stored treated disposed of or processed as waste by or for any insured or any person or organization for whom you may be legally responsible or d At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations i If the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor or ii If the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. e That are or that are contained in property that is i Being transported or towed by or handled for movement into onto or from a covered automobile i Otherwise in the course of transit iii Being stored disposed of treated or processed in or upon the covered automobile f Before the pollutants or property in which the pollutants are contained are moved from the place where they are accepted by the G300912 A Ed. 0210 g insured for movement into or onto the automobile or After the pollutants or property in wh pollutants are contained are moved fi covered automobile to the place whe are finally i Delivered ii Disposed of or iii Abandoned by the insured. Subparagraph a does not apply to injury if sustained within a buildir caused by smoke fumes vapor produced by or originating from eqt that is used to heat cool or dehumi building or equipment that is used water for personal use by the bt occupants or their guests. Subparagraphs a and di do not bodily injury or property damage out of heat smoke or fumes from a fire. As used in this exclusion a hostile fire one which becomes uncontrollable or out from where it was intended to be. Subparagraph di does not apply to injury or property damage arising ou escape of fuels lubricants or other of fluids which are needed to perform the electrical hydraulic or mechanical fu necessary for operation of mobile equi or its parts if such fuels lubricants operating fluids escape from a vehic designed to hold store or receive then exception does not apply if the bodily or property damage arises out intentional discharge dispersal or rele the fuels lubricants or other operating or if such fuels lubricants or other of fluids are brought on or to the premis or location with the intent that tf discharged dispersed or released as the operations being performed by insured contractor or subcontractor. Subparagraph eiii does not apply t lubricants fluids exhaust gases ol similar pollutants that are needed Pag g insured for movement into or onto the covered automobile or After the pollutants or property in which the pollutants are contained are moved from the covered automobile to the place where they are finally i Delivered i Disposed of or iii Abandoned by the insured. Subparagraph a does not apply to bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests. Subparagraphs a and di do not apply to bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. As used in this exclusion a hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. Subparagraph di does not apply to bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor. Subparagraph eiii does not apply to fuels lubricants fluids exhaust gases or other similar pollutants that are needed for or Page 10f 2 | 2 |
G300912 A Ed. 0210 result from the normal electrical hydraulic or mechanical functioning of the covered automobile or its parts if the pollutants escape or are discharged dispersed or released directly from an automobile part designed by its manufacturer to hold store receive or dispose of such pollutants. Subparagraphs f and g do not apply if the pollutants or property in which the pollutants are contained are upset overturned or damaged as a result of the maintenance or use of a covered automobile and the discharge dispersal release or escape of the pollutants is caused directly by such upset overturn or damage. 2 Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. 3 Any loss cost or expense arising out of any a Request demand or order that any insured or b others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. All other terms conditions and exclusions of this policy remain unchanged. 9681 1876885605 15000200 G300912 A Ed. 0210 Page 2 of 2 | 2 |
G300968 A Ed. 0610 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Medical Malpractice Professional Liability Exclusion This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART EXCESS THIRD PARTY LIABILITY POLICY The following exclusion is added to SECTION I COVERAGE 2. Exclusions This insurance does not apply to any liability arising out of the rendering of or failure to render the following professional services a Medical surgical dental x ray or nursing treatment service advice or instruction including the furnishing of food or beverages in connection therewith b Furnishing prescribing applying injecting or dispensing of drugs or medical dental or surgical supplies or appliances c Handling of or performing postmortem examinations or procedures on human bodies d Organ donation e Health or therapeutic service treatment advice or instruction or f Service by any person as a member of a formal accreditation or similar professional board or committee of the named insured or as a person charged with the duty of executing directives of any such board or committee. 9 Any service treatment procedure advice or instruction for the purpose of appearance or skin enhancement hair removal extension weave or replacement or personal grooming relaxation or therapy. All other terms conditions and exclusions of this policy remain unchanged. G300968 A Ed. 0610 Page 1 of 1 | 2 |
G300969 A Ed. 0610 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Testing or Consulting Errors and Omissions Exclusion This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART EXCESS THIRD PARTY LIABILITY POLICY The following exclusion is added to SECTION COVERAGE 2. Exclusions This insurance does not apply to any liability arising out of 1. An error omission defect or deficiency in any test performed or an evaluation a consultation or advice given by or on behalf of any insured or 2. The reporting of or reliance upon any such test evaluation consultation or advice or 3. An error omission defect or deficiency in experimental data or the insured s interpretation of that data. All other terms conditions and exclusions of this policy remain unchanged. 681187688560515000200 G300969 A Ed. 0610 Page 1 of 1 | 2 |
G300982 A Ed. 0710 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CRISIS MANAGEMENT COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART SCHEDULE Crisis Management Expense Aggregate Limit 250000 per policy period. Solely with respect to the Crisis Management Coverage provided by this endorsement the following changes apply to the Commercial Umbrella Plus Coverage Part. A. The following paragraph is added to SECTION I COVERAGES 1. Insuring Agreement e. When this policy applies to an incident that causes serious bodily injury or property damage we will reimburse you for eligible crisis management expense you incur and report to us within six months of the incident. B. The following changes are made to SECTION Il LIMITS OF INSURANCE 1. Paragraph 2. is deleted in its entirety and replaced with the following The limit of insurance shown in the Declarations as the Aggregate Limit is the most we will pay for the sum of all ultimate net loss and eligible crisis management expense to which this insurance applies. This Aggregate Limit applies separately to all ultimate net loss a. Included in the operations hazard b. To which and in the same manner an aggregate limit under scheduled underlying insurance other than ultimate net loss included in the products completed operations hazard and products completed c. To which no scheduled underlying insurance applies and includes any associated management expense. eligible crisis The Crisis Management Expense Aggregate Limit listed in the Schedule above is included within and is not in addition to the Aggregate Limit of this policy. The following paragraph is added 6. Subject to 2. above the Crisis Management Expense Aggregate Limit stated in the Schedule is the most we will pay for the sum of all eligible crisis management expense to which this insurance applies. C. The following definitions are added to SECTION V DEFINITIONS 1. Serious bodily injury or property damage means injury to three or more people resulting in death permanent disfigurement or the permanent loss or impairment of a bodily function body part or organ. Serious bodily injury or property damage also means property damage to which this insurance applies. Eligible crisis management expense means reasonable and necessary expenses incurred by a crisis management firm that you hire to provide media management services for the purpose of maintaining and restoring public confidence in you. But eligible crisis management expense does not mean any of the following a. Salary wages or benefits of you your employees or your temporary workers b. Costs to acquire repair or replace real or personal property Your loss of business income Your expense to hire a public adjuster or appraiser or any other claim adjustment expenses incurred by you and e. Bodily injury property damage personal and advertising injury or any expense or other coverage this policy provides other than this CRISIS MANAGEMENT COVERAGE ENDORSEMENT. All other terms conditions and exclusions of this policy remain unchanged. G300982 A Ed. 0710 Page 1 of 1 | 2 |
G301134 A Ed. 1010 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KEY EMPLOYEE REPLACEMENT EXPENSE COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART SCHEDULE Limit of Insurance 100000 per Key Employee Key Employee Replacement Expense Coverage Aggregate Limit 100000 per policy period. Solely with respect to the Key Employment Replacement Expense Coverage provided by this endorsement the following changes apply to the Commercial Umbrella Plus Coverage Part. I. The following paragraphs are added to SECTION f. Any accident while the Key Employee was COVERAGES 1. Insuring Agreement driving while intoxicated impaired or other f. We will reimburse you for the actual and wise under the influence of alcohol or G301134 A necessary Key Employee Replacement Expense you incur due to your permanent loss of the g. Taking illegally obtained drugs. fovosso 3 Ky Enloee Catsod Dy 3 e o v youwoud o e covered accident and reported to us within six y months of the covered accident. a. Find a permanent replacement for the Key Insurance under this endorsement applies only if the Employee and covered accident occurs while your policy is in effect. b. Reduce or discontinue the Key Employee But the period of time for which we will pay expenses Replacement Expense covered under this endorsement will not be limited by the expiration of your policy. as soon as possible after your permanent loss of the services of the Key Employee caused by a Insurance under this endorsement does not apply to covered accident. 1. The death or permanent disability of a Key Insurance under this endorsement includes the Employee relating to or arising out of reasonable extra expense you incur to minimize i I the amount of Key Employee Replacement a. War and Miltary Action meaning Expense but only to the extent the amount of 1 War including undeclared or civil war Key Employee Replacement Expense otherwise 2 Warlike action by a miltary force payable under this endorsement is reduced. including action in hindering or defending 3. Any additional expenses incurred due to your loss against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in defending against any of these b. Nuclear reaction or radiation or radioactive contamination however caused c. Sickness or disease including metal illness or mental injury d. Pregnancy childbirth miscarriage or abortion e. Suicide attempted suicide or self inflicted bodily injury while sane or insane Ed. 1010 of the services of a permanent replacement employee appointed or hired to replace a Key Employee however caused. But this exclusion does not apply if the replacement employee is included in the definition as a Key Employee and your loss of the services of the replacement employee is caused by a covered accident. The amount of Key Employee Replacement Expense will be determined based on 1. Copyright 2010 CNA Financial Corporation The actual and necessary expenses covered under this endorsement which you incur to find to appoint or hire and to train a permanent replacement for the Key Employee and to continue the performance of the Key Employee s normal job responsibilities while a permanent replacement is being sought appointed or hired Page 10f 3 nan nan nan nan 8681.0 1876885605.0 180002004.0 G301134 A Ed. 1010 Page 10f 3 | 2 |
G301134 A Ed. 1010 and trained. We will deduct from the total of such expenses 2. Necessary expenses Any expenses which would have been incurred by you for the Key Employee if you had not lost the services of the Key Employee and Any Key Employee Replacement Expense that is paid for by any other insurance. that reduce the Key Employee Replacement Expense that otherwise would have been incurred. Il. The following changes are made to SECTION lll LIMITS OF INSURANCE A. Paragraph 2. is deleted in its entirety and replaced with the following 2. The limit of insurance shown in the Declarations as the Aggregate Limit is the most we will pay for the sum of all ultimate net loss to which this insurance applies and applies separately to all ultimate net loss a. Included in the operations hazard products completed b. To which and in the same manner an aggregate limit applies under scheduled underlying insurance other than ultimate net loss included in the products competed operations hazard and c. To which no scheduled underlying insurance applies. The most we will pay for Key Employee Replacement Expense due to your loss of the services of any one Key Employee is the applicable Limit of Insurance shown in the Schedule for the Key Employee. The amount payable under this endorsement is not subject to the retained limit. The limit of insurance shown in the Schedule above as the Key Employee Replacement Expense Coverage Aggregate Limit is the most we will pay for the sum of all Key Employee Replacement Expense to which this insurance applies. This Key Employee Replacement Expense Coverage Aggregate Limit listed in the Schedule above is included within and is not in addition to the Aggregate Limit of this policy. The Aggregate Limit does not apply to ultimate net loss for which no aggregate limit applies in the scheduled underlying insurance. B. Paragraph 3. is deleted in its entirety and replaced with the following G301134 A Ed. 1010 Copyright 2010 CNA Financial Corporation Subject to 2. above the limit of insurance shown in the Declarations as the Each Incident limit is the most we will pay for the sum of all ultimate net loss and all Key Employee Replacement Expense to which this insurance applies arising out of any one incident. Il The following definitions are added to SECTION V DEFINITIONS Key Employee Replacement Expense as used in this endorsement means the necessary expenses you incur that you would not have incurred if you had not lost the services of the Key Employee 1. To continue the performance of the Key Employee s normal job responsibilities with comparable quality while a permanent replacement for the Key Employee is being sought appointed or hired and trained. Insurance under this endorsement for these expenses will apply for the period of time beginning on the date of your permanent loss of the services of the Key Employee caused by a covered accident and ending 60 days after the date a permanent replacement for the Key Employee is appointed or hired subject to a maximum period of 180 days. To find a qualified permanent replacement to fill the Key Employee s position described in the Schedule meaning the normal and reasonable a. Costs of advertising the employment position opening b. Travel lodging meal and entertainment expenses incurred in interviewing job applicants for the employment position opening and c. Miscellaneous extra expenses incurred in finding interviewing and negotiating with the job applicants including but not limited to overtime pay costs to verify the background and references the job applicants and legal expenses incurred to draw up employment contracts. Insurance under this endorsement for these expenses will apply for the period of time beginning on the date of your permanent loss of the services of the Key Employee caused by a covered accident and ending on the date a permanent replacement for the Key Employee is appointed or hired subject to a maximum period of 180 days. To appoint or hire and to train a permanent replacement for the Key Employee meaning the normal and reasonable Page 20f 3 Copyright 2010 CNA Financial Corporation Page 20f 3 | 2 |
G301134 A Ed. 1010 a. Expenses you incur to relocate the replacement employee to an area within a reasonable commute from the applicable employment location described in the Schedule b. First year amounts of the replacement employee s i Annual base starting salary ii Employee perquisite costs and Employee benefit costs in excess of the amounts which would have been incurred for the Key Employee if you had not lost the services of the Key Employee. But we will not pay more for these expenses than 10 of the amounts which would have been incurred for the Key Employee. c. First year costs of the replacement employee s training and education if the training and education is necessary for the replacement employee to perform the duties of the applicable position listed in the definition of Key Employee with the same quality of service as the Key Employee. Insurance under this endorsement for these expenses will apply only if the permanent replacement for the Key Employee is appointed or hired within 180 days after the date of your permanent loss of the services of the Key Employee caused by a covered accident. But Key Employee Replacement Expense does not mean any of the following a. Except as provided in paragraph 3.b above salary wages or benefits of you your employees your temporary workers or volunteer workers b. Costs to acquire repair or replace real or personal property Your loss of business income Your expense to hire a public adjuster or appraiser or any other claim adjustment expenses incurred by you. C. e. Bodily injury property damage personal and advertising injury or any expense or other coverage this policy provides other than this KEY EMPLOYEE REPLACEMENT EXPENSE COVERAGE ENDORSEMENT. Covered Accident means a sudden and unexpected incident not otherwise excluded in this endorsement which solely and independently of any other cause results in the Key Employee s 1. Death or 2. Permanent disability meaning the permanent physical inability or mental inability due to a permanent physical inability of the Key Employee to perform the normal duties of the applicable position for which the individual qualifies as a Key Employee within one year after the date of the sudden occurrence. Key Employee means of the following officer and employment positions Chief Executive Officer Chief Operating Officer Chief Financial Officer Corporate Secretary Treasurer oo wN Executive Vice President and 7. Risk Manager. The following is added to the definition of incident c. With respect to Key Employee Replacement Expense Coverage incident means a Covered Accident. All other terms conditions and exclusions of this policy remain unchanged. C. e. Bodily injury property damage personal and advertising injury or any expense or other coverage this policy provides other than this KEY EMPLOYEE REPLACEMENT EXPENSE COVERAGE ENDORSEMENT. Covered Accident means a sudden and unexpected incident not otherwise excluded in this endorsement which solely and independently of any other cause results in the Key Employee s 1. Death or 2. Permanent disability meaning the permanent physical inability or mental inability due to a permanent physical inability of the Key Employee to perform the normal duties of the applicable position for which the individual qualifies as a Key Employee within one year after the date of the sudden occurrence. Key Employee means of the following officer and employment positions Chief Executive Officer Chief Operating Officer Chief Financial Officer Corporate Secretary Treasurer oo wN Executive Vice President and 7. Risk Manager. The following is added to the definition of incident c. With respect to Key Employee Replacement Expense Coverage incident means a Covered Accident. 6681 1876885605 15000200 G301134 A Ed. 1010 Copyright 2010 CNA Financial Corporation Page 30f 3 | 2 |
CNA CHANGE ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT IS A PART OF YOUR POLICY AND TAKES EFFECT ON THE EFFECTIVE DATE OF YOUR POLICY UNLESS ANOTHER EFFECTIVE DATE IS SHOWN BELOW. Sexual Misconduct Exclusion Itis agreed that this insurance does not apply to claims arising out of the sexual or physical abuse or molestation of any person by the insured the employee of the insured or any volunteer worker. Itis further agreed we shall not have the duty to defend any suit against the insured seeking damages on account of the above. POLICY CHANGE NO. EFFECTIVE DATE OF THIS POLICY CHANGE COUNTERSIGNED BY DATE AUTHORIZED REPRESENTATIVE P56015 B 1191 ED. | 2 |
IL00 17 1198 10020008150953894811900 A. D. COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. Cancellation 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium or b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed proof of mailing will be sufficient proof of notice. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy. Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. Inspections And Surveys 1. We have the right to a. Make inspections and surveys at any time b. Give you reports on the conditions we find and c. Recommend changes. 2. We are not obligated to make any inspections surveys reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recommendations we may make relative to certification under state or municipal statutes ordinances or regulations of boilers pressure vessels or elevators. E. Premiums The first Named Insured shown in the Declarations 1. Is responsible for the payment of all premiums and 2. Will be the payee for any return premiums we pay. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. med Insured shown in the Declarations this policy by mailing or delivering to written notice of cancellation. ncel this policy by mailing or delivering t Named Insured written notice of at least ys before the effective date of ation if we cancel for nonpayment of n or ys before the effective date of ation if we cancel for any other reason. or deliver our notice to the first Named st mailing address known to us. ncellation will state the effective date of. The policy period will end on that y is cancelled we will send the first ured any premium refund due. If we refund will be pro rata. If the first ured cancels the refund may be less ta. The cancellation will be effective ave not made or offered a refund. nailed proof of mailing will be sufficient IL00 17 11 98 Copyright Insurance Services Office Inc. 1998 Page 1 of 1 | 2 |
IL 02 69 09 07 IL 02 69 09 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NORTH CAROLINA CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART Paragraph 2. of the Cancellation Common Policy Condition is replaced by the following 2. Cancellation Requirements a. Policies In Effect Less Than 60 Days If this policy has been in effect for less than 60 days we may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least 1 15 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. Policies In Effect More Than 60 Days If this policy has been in effect for 60 days or more or is a renewal of a policy we issued we may cancel this policy prior to the 1 Expiration of the policy term or 2 Anniversary date stated in the policy only for one or more of the following reasons a Nonpayment of premium b An act or omission by the insured or his or her representative that constitutes material misrepresentation or nondisclosure of a material fact in obtaining this policy continuing this policy or Copyright ISO Properties Inc. 2006 c e U g h 0 presenting a claim under this policy Increased hazard or material change in the risk assumed that could not have been reasonably contemplated by the parties at the time of assumption of the risk Substantial breach of contractual duties conditions or warranties that materially affects the insurability of the risk A fraudulent act against us by the insured or his or her representative that materially affects the insurability of the risk Willful failure by the insured or his or her representative to institute reasonable loss control measures that materially affect the insurability of the risk after written notice by us Loss of facultative reinsurance or loss of or substantial changes in applicable reinsurance as provided in G.S. 58 41 30 Conviction of the insured of a crime arising out of acts that materially affect the insurability of the risk A determination by the Commissioner of Insurance that the continuation of the policy would place us in violation of the laws of North Carolina or Page 1 of 2 c e U g h 0 presenting a claim under this policy Increased hazard or material change in the risk assumed that could not have been reasonably contemplated by the parties at the time of assumption of the risk Substantial breach of contractual duties conditions or warranties that materially affects the insurability of the risk A fraudulent act against us by the insured or his or her representative that materially affects the insurability of the risk Willful failure by the insured or his or her representative to institute reasonable loss control measures that materially affect the insurability of the risk after written notice by us Loss of facultative reinsurance or loss of or substantial changes in applicable reinsurance as provided in G.S. 58 41 30 Conviction of the insured of a crime arising out of acts that materially affect the insurability of the risk A determination by the Commissioner of Insurance that the continuation of the policy would place us in violation of the laws of North Carolina or 1061 1876885605 18000200 IL 02 69 09 07 Page 1 of 2 | 2 |
You fail to meet the requirements contained in our corporate charter articles of incorporation or by laws when we are a company organized for the sole purpose of providing members of an organization with insurance coverage in North Carolina. We will mail or deliver written notice of cancellation to the first Named Insured at least i 15 days before the effective date of cancellation if we cancel for nonpayment of premium or i 30 days before the effective date of cancellation if we cancel for any other reason. c. Cancellation for nonpayment of premium will not become effective if you pay the premium amount due before the effective date of cancellation. d. We may also cancel this policy for any reason not stated above provided we obtain your prior written consent. B. The following provisions are added and supersede any other provisions to the contrary 1. Nonrenewal a. If we elect not to renew this policy we will mail or deliver to the first Named Insured shown in the Declarations written notice of nonrenewal at least 45 days prior to the 1 Expiration of the policy if this policy has been written for one year or less or 2 Anniversary date of the policy if this policy has been written for more than one year or for an indefinite term. We need not mail or deliver the notice of nonrenewal if you have 1 Insured property covered under this policy under any other insurance policy 2 Accepted replacement coverage or 3 Requested or agreed to nonrenewal of this policy. If notice is mailed proof of mailing will be sufficient proof of notice. 2. The written notice of cancellation or nonrenewal will a. Be mailed or delivered to the first Named Insured and any designated mortgagee or loss payee at their addresses shown in the policy or if not indicated in the policy at their last known addresses and State the reason or reasons for cancellation or nonrenewal. Page 2 of 2 Copyright ISO Properties Inc. 2006 IL 02 69 09 07 | 2 |
CNA 333 S Wabash Chicago lllinois 60604 Policy Number From A5095389481 101514 Policy Period To 101515 Named Insured And Address CMP PHARMA INC. P.O. BOX 147 FARMVILLE NC 27828 Coverage Is Provided By Agency Continental Casualty Company 023973978 Agent LOCKTON COMPANIES LLC 444 W. 47TH ST. 900 KANSAS CITY MO 64112 PAYMENT PLAN SCHEDULE THE BILLING FOR THIS POLICY WILL BE FORWARDED TO YOU DIRECTLY FROM CNA. THE PREMIUM AMOUNT FOR THIS TRANSACTION 1s 3283.00 THIS PREMIUM WILL BE INVOICED BY CNA ON A SEPARATE STATEMENT ACCORDING TO THE PAYMENT OPTION YOU SELECT. 2061 187688560515000200 ISSUE DATE 111014 | 2 |
0611876885605 18000200 END OF COPY | 2 |
Allianz Global Corporate Specialty Insurance policy Commercial Lines Policy | 2 |
Allianz Allianz Global Risks US Insurance Company 225 West Washington Street Suite 1800 Chicago IL 60606 3484 THIS POLICY CONSISTS OF DECLARATIONS ONE OR MORE COVERAGE PARTS. A COVERAGE PART CONSISTS OF ONE OR MORE COVERAGE FORMS APPLICABLE FORMS AND ENDORSEMENTS In Witness Whereof we have caused this policy to be executed and attested and if required by state law this policy shall not be valid unless countersigned by our authorized representa tive. Secretary J whd.ww President and Chief Executive Officer Yftuarn Aonlhof AGR DS 1003 08 16 Page 1 of 1 | 2 |
Allianz Global Risks US Insurance Company Hereinafter called the Company 225 W. Washington St. Suite 1800 Chicago IL 60606 Commercial Umbrella Liability Declarations Policy NO. ULA 2008293 Item 1. NAMED INSURED AND MAILING AADDRESS Item 2. Policy Period From 1201 AM. Standard Time at the Address of the Named Insured shown above. Jafra Cosmetics International Inc. 2451 Townsgate Road Westlake Village CA 91361 January 012017 To Woodruff Sawyer Company 50 California Street Floor 12 San Francisco CA 94111 January 012018 Producer At Item 3. Limits of Insurance The Limits of Insurance subject to all the terms of this policy are A S 9000000 Each Occurrence B. 9000000 General Aggregate in accordance with Section Ill Limits of Insurance. C. Combined with the General Aggregate prodycts Completed Operations Aggregate in accordance with Section Ill Limits of Insurance. D. 10000 self Insured Retention Item 4. Premium Computation Estimated Rate Advance Minimum Exposure Per Premium Premium Not Applicable Flat 44500 44500 Certified Terrorism Flat 2000 2000 Rate Per Flat Flat Advance Premium 44500 2000 Minimum Premium 44500 2000 Item 5. Endorsements Forms and Endorsements applying to this coverage and made a part of this policy at time of issue. Per Forms and Endorsement List Countersigned by Authorized Representative Date AGR CU 1001 01 04 INSURED | 2 |
Allianz Global Risks US Insurance Company FORMS AND ENDORSEMENT LIST NAMED INSURED Jafra Cosmetics International Inc. POLICY NUMBER ULA 2008293 EFFECTIVE DATE 112017 The following policy forms and endorsements have been attached to and made a part of the policy at inception. FORM NAME Policyholder Notice All States Policyholder Notice OFAC Commercial Umbrella Liability Policy Schedule of Underlying Insurance Exclusion Mining Operations Exclusion Professional Liability Exclusion Aircraft or Watercraft Liability Exclusion Electromagnetic Radiation Exclusion Railroad Liability Exclusion Tobacco and Tobacco Products Exclusion Fungi or Bacteria Exclusion Offshore Facilities Exclusion of Other Acts of Terrorism Committed Outside the United States Cap on Losses From Certified Acts of Terrorism Employee Benefits Liability Following Form Endorsement C M Version Named Peril Pollution Endorsement Limits of Liability Amendatory Endorsement Crisis Management Response Cost and Crisis Management Loss Cost Coverage Extension Endt. Schedule of Approved Crisis Management Firms Economic or Trade Sanctions Endorsement Commercial Umbrella Limitation Endt Access or Disclosure of Confidential or Personal Information and Data Related Liab Amendatory Endorsement Claims Series Provisions Named Insured Endorsement List of Entities Silica or Silica Related Dust Exclusion California Privacy and Security Statement FORM NUMBER AGR IL 8001 07 14 AGR IL 8003 01 05 AGR CU 2001 07 11 AGR CU 1501 02 13 AGR CU 5008 01 04 AGR CU 5010 01 04 AGR CU 5015 01 04 AGR CU 5019 01 04 AGR CU 5025 06 04 AGR CU 5026 01 04 AGR CU 5031 01 04 AGR CU 5041 07 11 AGR CU 5043 01 15 AGR CU 4001 07 11 AGR CU 4502 07 11 AGR CU 5504 01 04 AGRL CU 2002 01 13 AGRL CU 1601 01 13 AGRL CU 5001 07 08 AGRL CU 5018 05 14 AGRL CU 5020 m 09 14 AGR IL M001 11 03 AGR IL M001 11 03 AGRL IL 8CA112 07 EDITION DATE 072014 012005 072011 022013 012004 012004 012004 012004 062004 012004 012004 072011 012015 072011 072011 012004 012013 012013 072008 052014 092014 112003 112003 122007 AGR DS 1002 11 03 | 2 |
Allianz POLICYHOLDER NOTICE ALL STATES Allianz Global Risks US Insurance Company 24 Hour Emergency Claims Service TO OBTAIN INFORMATION FILE A CLAIM OR TO MAKE A COMPLAINT You may call Allianz Global Risks US Insurance Company s toll free number at Phone 1800 558 1606 or 1 314 513 1353 from outside the United States Fax 1888 323 6450 or 1 314 513 1345 from outside the United States To report a claim via e mail NewLossagcs.allianz.com You may also write to Allianz Global Corporate Specialty Attn FNOL Claims Unit One Progress Point Parkway 3rd Floor OFallon MO 63368 ATTACH THIS NOTICE TO YOUR POLICY This notice is for information only and does not become a part or condition of the attached document. AGR IL 8001 07 14 Page 1 of 1 | 2 |
Allianz Global Risks POLICYHOLDER NOTICE OFAC U.S. TREASURY DEPARTMENT S OFFICE OF FOREIGN ASSETS CONTROL OFAC ADVISORY NOTICE TO POLICYHOLDERS No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Notice provides information concerning possible impact on your insurance coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of Foreign Assets Control OFAC administers and enforces sanctions policy based on Presidential declarations of national emergency. OFAC has identified and listed numerous o Foreign agents o Front organizations o Terrorists o Terrorist organizations and o Narcotics traffickers as Specially Designated Nationals and Blocked Persons. This list can be located on the United States Treasury s web site httpwww.treas.gov ofac. In accordance with OFAC regulations if it is determined that you or any other insured or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person as identified by OFAC this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. AGR IL 8003 01 05 Page 1 of 1 | 2 |
Allianz COMMERCIAL UMBRELLA LIABILITY POLICY Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the named insured shown in the Declarations and any other person or organization qualifying as a named insured under this policy. The words we us and our refer to the company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section IV Definitions. In consideration of the payment of the premium and subject to all the terms of this policy we agree with you to provide the insurance as stated in this policy. SECTION COVERAGE A. We will pay on behalf of the insured those sums in excess of the Retained Limit that the insured becomes legally obligated to pay as damages by reason of liability imposed by law or assumed by the insured under an insured contract because of bodily injury property damage personal injury or advertising injury to which this insurance applies. However 1. The amount we will pay for damages is limited as described in Section Ill Limits of Insurance and 2. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Section Il Defense. B. This policy applies to bodily injury or property damage only if 1. The bodily injury or property damage is caused by an occurrence that takes place anywhere in the world The bodily injury or property damage occurs during the policy period and Prior to the policy period no insured listed under Paragraph 2. of the definition of insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. C. This policy applies to personal injury or advertising injury only if 1. The personal injury or advertising injury is caused by an offense arising out of your business and 2. The personal injury or advertising injury is committed during the policy period and takes place anywhere in the world. D. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph 2. of the definition of 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. E. 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 2. of the definition of insured or any employee authorized by you to give or receive notice of an occurrence or claim AGR CU 2001 07 11 Page 1 of 20 | 0 |
Allianz 1. Reports all or any part of the bodily injury or property damage to us or any other insurer 2. Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3. Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. Damages because of bodily injuryinclude damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. If we are prevented by law or otherwise from paying such sums on the insured s the insured for such sums that we would otherwise have been obligated to pay. behalf we will reimburse SECTION Il DEFENSE A. Duty to Defend 1. We will have the right and duty to defend the insured against any suit seeking damages for bodily injury property damage personal injury or advertising injury to which this insurance applies even if the suit is groundless false or fraudulent a. When all applicable limits of scheduled underlying insurance have been exhausted by payment of damages to which this insurance applies or b. When damages sought for bodily injury property damage personal injury or advertising injury are covered by this policy but are not covered by any scheduled underlying insurance. When we have the duty to defend we will have the right to investigate the occurrence and settle any resultant claim or suit. In the event of bankruptcy or insolvency of an insurer of the scheduled underlying insurance our defense obligations will apply as if such insurance were in full effect. If we are prevented by law or statute from assuming the obligations specified under this provision we will pay any expenses incurred with our consent. Our duty to defend ends when we have used up the applicable Limits of Insurance in the payment of judgments or settlements. We will have no duty to defend the insured against any suit seeking damages for bodily injury property damage personal injury or advertising injury to which this insurance does not apply. When we have no duty to defend we will have the right to participate in the defense of the insured against any suit seeking damages to which this insurance may apply. When we have no duty to defend the insured but elect to participate in the defense we will pay our own expenses. However we will not contribute to the payment of expenses of the insured or an insurer of scheduled underlying insurance nor contribute to Supplementary Payments items 1.b. through 1.g. below. B. Supplementary Payments 1. If we assume the defense of any suit against an insured that seeks damages covered by this policy we will pay in addition to the applicable Limits of Insurance a. All expenses we incur. b. The cost of bonds to release attachments but only for bond amounts within the applicable Limits of Insurance. We do not have to furnish these bonds. c. The cost of appeal bonds required by law to appeal a judgment in any suit we defend but only for bond amounts within the applicable Limits of Insurance. We do not have to furnish these bonds. d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit. AGR CU 2001 07 11 Page 2 of 20 Page 2 of 20 | 1 |
Allianz e. All costs taxed against the insured in the suit. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable Limits of Insurance we will not pay any prejudgment interest based on that period of time after the offer. g. All interest on our portion of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable Limits of Insurance. These payments will not reduce the Limits of Insurance. 2. We will not contribute to the expenses of an insurer of scheduled underlying insurance. SECTION Il LIMITS OF INSURANCE. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of 1. Insureds 2. Claims made suits brought or number of vehicles involved 3. Persons or organizations making claims or bringing suits or 4. Coverages provided under this policy.. The General Aggregate Limit is the most we will pay for the sum of all damages to which this insurance applies except 1. Damages because of bodily injury or property damage a. Included in the products completed operations hazard or b. Arising out of the ownership maintenance or use of a covered auto or 2. Damages covered by valid scheduled underlying insurance to which no aggregate limit of insurance applies or 3. Damages that would have been covered with no aggregate limit of insurance by scheduled underlying insurance but for the exhaustion of applicable limits of insurance.. 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.. Subject to B. or C. above whichever applies the Each Occurrence Limit is the most we will pay for the sum of all damages under this insurance because of all bodily injury property damage personal injury and advertising injury arising out of any one occurrence.. The Aggregate Limits of this policy as described in Paragraphs B. and C. above apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. If the applicable limits of insurance of the scheduled underlying insurance are reduced or exhausted by payment of damages for occurrences to which this insurance applies we will 1. Inthe event of reduction pay in excess of the reduced underlying limits of insurance or 2. In the event of exhaustion continue in force as the applicable policy of scheduled underlying insurance subject to the terms and conditions of this policy.. We will be liable only for that portion of damages in excess of the Retained Limit. AGR CU 2001 07 11 Page 3 of 20 | 1 |
Allianz SECTION IV DEFINITIONS Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition 1. Notices that are published include material placed on the Internet or on similar electronic means of communication and 2. Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. Advertising injury means injury other than bodily injury or personal injury arising solely out of your advertising activities as a result of one or more of the following offenses 1. 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 2. Oral or written publication in any manner of material that violates a person s right of privacy 3. The use of another s advertising idea in your advertisement or 4. Infringing upon another s copyright trade dress or slogan in your advertisement. Auto means a land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment. But auto does not include mobile equipment. Bodily injury means bodily injury sickness disability or disease sustained by a person including death resulting from any of these at any time. Bodily injury includes humiliation shock mental anguish or other mental injury resulting from bodily injury. Covered auto means only those autos to which scheduled underlying insurance applies. Electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devises or any other media which are used with electronically controlled equipment.. Employee means a person working for you for remuneration. Employee includes a Leased Worker but employee does not include a Temporary Worker. For the purposes of this insurance 1. A Leased Worker is a person other than a Temporary Worker 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 and 2. A Temporary Worker is a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Executive officer means a person holding any of the officer positions created by your charter constitution by laws or any other similar governing document. Impaired property means tangible property other than your product or your work that can not be used or is less useful because 1. It incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or 2. You have failed to fulfill the terms of a contract or agreement If such property can be restored to use by the repair replacement adjustment or removal of your product or your work or your fulfilling the terms of the contract or agreement. AGR CU 2001 07 11 Page 4 of 20 | 1 |
Allianz J. Insured means 1. The Named Insured 2. Ifyouare b. e. 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 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 A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees 3. Each of the following b. e. Your volunteer workers but only while performing duties related to the conduct of your business and 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 volunteer workers or employees are insureds for bodily injury or personal injury 1 To you to your partners or members if you are a partnership or joint venture or to your members if you are a limited liability company or 2 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 a immediately preceding Any person other than your employee or volunteer worker or any organization while acting as your real estate manager Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this policy 4. With respect to mobile equipment registered in your name under any motor vehicle registration law any person while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured but only with respect to liability arising out of the operation of the equipment and only if no other insurance of any kind is available to that person or organization for this liability 5. Any person or organization other than a Named Insured included as an additional insured in any scheduled underlying insurance however Coverage provided by this insurance will not be broader than coverage provided to such person or organization by the scheduled underlying insurance and AGR CU 2001 07 11 Page 5 of 20 Page 5 of 20 | 1 |
Allianz b. If coverage is required by contract or agreement the most we will pay on behalf of the additional insured is the amount of insurance required by the contract less any amounts payable by any scheduled underlying insurance not to exceed the available limits afforded by Section Il Limits of Insurance. 6. Notwithstanding any of the above a. No person or organization is an insured with respect to the conduct of any current past or newly formed partnership joint venture or limited liability company that is not designated as a named insured in Item 1 of the Declarations and b. No person or organization is an insured under this policy who is not an Insured under applicable Scheduled Underlying Insurance. This provision shall not apply to any organization set forth in the definition of Named Insured in Paragraph M. 3. Insured Contract means that part of any contract or agreement under which you assume the tort liability of another party to pay for bodily injury property damage personal injury or advertising injury to a third person or organization provided the contract or agreement 1. Pertains to your business and 2. s executed prior to the occurrence causing the injury or damage. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Insured Contract does not include any contract or statement 1. That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks roadbeds tunnel underpass or crossing 2. 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 or drawings and specifications or b. Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3. Under which the insured if an architect engineer or surveyor assumes liability for injury or damage arising out of the insured s rendering or failure to render professional services including those shown in subparagraph 2. above or supervisory inspection architectural or engineering activities. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment 1. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads 2. Vehicles maintained for use solely on or next to premises you own or rent 3. Vehicles that travel on crawler treads 4. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted a. Power cranes shovels loaders diggers or drills or b. Road construction or resurfacing equipment such as graders scrapers or rollers 5. Vehicles not described in 1. 2. 3. or 4. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types a. Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or b. Cherry pickers and similar devices used to raise or lower workers AGR CU 2001 07 11 Page 6 of 20 | 1 |
Allianz 6. Vehicles not described in 1. 2. 3. or 4. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos a. Equipment designed primarily for 1 Snow removal 2 Road maintenance but not construction or resurfacing or 3 Street Cleaning b. Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and c. Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. M. Named insured means 1. The first person or organization designated in Item 1. of the Declarations the first named insured 2. Any other person or organization designated in Item 1. of the Declarations and 3. Each of the following with respect to any person or organization designated in Item 1. of the Declarations a. Any organization that is a subsidiary as of the effective date of this policy b. Any organization over which ownership or majority interest is maintained as of the effective date of this policy and c. Any organization that is newly acquired or formed during the policy period other than a partnership joint venture or limited liability company and over which ownership or majority interest is maintained. However 1 This insurance does not apply to bodily injury property damage personal injury or advertising injury that occurred before the organization was acquired or formed 2 The first named insured agrees to give us prompt notice that the organization has been acquired or formed and 3 We may charge an additional premium for insuring the organization. You agree that any organization to which paragraph 3. above applies will be required to be included as an insured under applicable scheduled underlying insurance. If you fail to comply with this requirement coverage under this policy will apply as though the organization was included as an insured under the highest applicable limit of scheduled underlying insurance. N. Occurrence 1. With respect to bodily injury and property damage occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. All such exposure to substantially the same general conditions shall be considered as arising out of one occurrence. 2. With respect to personal injury occurrence means a covered offense that arises out of your business. Allinjury that arises from the same or related material or offense shall be considered as arising out of AGR CU 2001 07 11 Page 7 of 20 | 1 |
Allianz one occurrence regardless of the frequency or repetition thereof the number and kind of media used and the number of claimants. 3. With respect to advertising injury occurrence means a covered offense committed in the course of advertising your goods products or services. All injury that arises from the same or related material or offense shall be considered as arising out of one occurrence regardless of the frequency or repetition thereof the number and kind of media used and the number of claimants. 0. Other insurance means a valid and collectible policy of insurance providing coverage for damages covered in whole or in part by this policy. However other insurance does not include scheduled underlying insurance or any policy of insurance specifically purchased to be excess of this policy affording coverage this policy also affords. P. Personal injury means injury other than advertising injury or bodily injury arising out of one or more of the following offenses 1. False arrest detention or imprisonment 2. Malicious prosecution 3. The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor 4. Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services 5. Oral or written publication in any manner of material that violates a person s right of privacy. Q. Policy period means the period of time from the inception date of this policy shown in the Declarations and the expiration date shown in the Declarations or the effective date of termination of this policy. R. Products completed operations hazard 1. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except a. Products that are still in your physical possession or b. Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times 1 When all of the work called for in your contract has been completed. 2 When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. 3 When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. 2. Does not include bodily injury or property damage arising out of a. The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured or b. The existence of tools uninstalled equipment or abandoned or unused materials. S. Property damage means 1. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or 2. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. AGR CU 2001 07 11 Page 8 of 20 Page 8 of 20 | 1 |
Allianz For the purposes of this insurance Electronic Data is not tangible property. Retained limit means 1. The total applicable limits of scheduled underlying insurance and any applicable Other Insurance providing coverage to the Insured or 2. The dollar amount listed in the Declarations as Self Insured Retention which applies separately to each occurrence that results in damages not covered by any scheduled underlying insurance. Scheduled underlying insurance means an insurance policy or self insured retentions listed in the Schedule of Underlying Insurance forming a part of this policy including any renewals or replacements thereof. Suit means a civil proceeding in which damages because of bodily injury property damage personal injury or advertising injury to which this insurance applies are alleged. Suit includes 1. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or 2. Any other alternative dispute resolution proceedings in which such damages are claimed and to which the insured submits with our consent.. Volunteer worker means a person who 1. s not your employee 2. Donates his or her work 3. Acts at the direction of and within the scope of duties determined by you and 4. Is not paid a fee salary or other compensation by you or anyone else for his or her work performed for you. Your product 1. Means a. Any goods or products other than real property manufactured sold handled distributed or disposed of by 1 You 2 Others trading under your name or 3 A person or organization whose business or assets you have acquired and b. Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. 2. Includes a. Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and b. The providing of or failure to provide warnings or instructions. 3. Does not include vending machines or other property rented to or located for the use of others but not sold. Your work 1. Means a. Work or operations performed by you or on your behalf and b. Materials parts or equipment furnished in connection with such work or operations. 2. Includes a. Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and AGR CU 2001 07 11 Page 9 of 20 | 1 |
Allianz b. The providing of or failure to provide warnings or instructions. SECTION V EXCLUSIONS Wials N V RAVLRVIIVITY This insurance does not apply to A. Workers Compensation and Similar Laws 1. Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. B. E.R.LS.A. 1. Any obligation of the insured under the Employees Retirement Income Security Act E.R.. S.A. and any amendments thereto or any similar law. C. Auto Coverages 1. 2. Bodily injury or property damage arising out of the ownership maintenance or use of any auto that is not a covered auto or Any loss cost or expense payable under or resulting from any first party physical damage coverage no fault law personal injury protection or auto medical payments coverage uninsured or underinsured motorist law or any similar law. D. 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 Property loaned to you Personal property in the care custody or control of the insured That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraphs 1. 3. and 4. of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of 7 or fewer days. Paragraph 2. of this exclusion does not apply if the premises are your work and were never occupied or rented or held for rental by you. Paragraphs 3. 4. 5. and 6. of this exclusion do not apply to liability assumed under a side track agreement. Paragraph 6. of this exclusion does not apply to property damage included in the products completed operations hazard. E. 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. AGR CU 2001 07 11 Page 10 of 20 Page 10 of 20 | 1 |
Allianz 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. Damage To Your Product Property damage to your product arising out of it or any part of it.. Damage to Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. 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. Liability of Employees and Volunteer Workers Liability of 1. Any of your employees with respect to bodily injury or personal injury to a. A coemployee while in the course of his or her employment or b. A coemployee or any of your volunteer workers while performing duties related to the conduct of your business 2. Any of your volunteer workers with respect to bodily injury or personal injury to a. Any of your employees while in the course of his or her employment or b. Any of your employees or other volunteer workers while performing duties related to the conduct of your business. This exclusion applies to 1. Bodily injury or personal injury to the spouse child parent brother or sister of that employee or volunteer worker as a consequence of Paragraphs I.1. or I.2.above and 2. Any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to the extent that valid scheduled underlying insurance for the employee and volunteer workers liability risks described above exists or would have existed but for the exhaustion of applicable limits of insurance. Aircraft or Watercraft 1. Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft or watercraft owned or operated by or rented to or loaned to any insured. Use of an aircraft or watercraft includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use of AGR CU 2001 07 11 Page 11 of 20 | 1 |
K. Allianz entrustment to others of any watercraft or any aircraft that is owned or operated by or rented to or loaned to any insured. 2. This exclusion does not apply to bodily injury or property damage arising from a. An aircraft that you do not own that is chartered by loaned to or hired by you with a crew or b. A watercraft while ashore on premises you own or rent or c. A watercraft you do not own that is less than 26 feet long and not being used to carry persons or property for a charge or d. Other aircraft or watercraft owned by operated by maintained by used by rented to loaned to or otherwise entrusted to any insured to the extent that valid scheduled underlying insurance for such risks exists or would have existed but for the exhaustion of applicable limits of insurance. Electronic Chatrooms Bulletin Boards or Electronic Data 1. Personal Injury or advertising injury arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control. 2. Damages arising out of the loss of use of damage to corruption of inability to access or inability to manipulate electronic data. Insureds in Media and Internet Type Businesses Personal injury or advertising injury committed by an insured whose business is 1. Advertising broadcasting publishing or telecasting 2. Designing or determining content of web sites for others or 3. An Internet search access content or service provider. This exclusion does not apply to Paragraphs 1. 2. and 3. of the definition of personal injury. 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.. Personal Injury and Advertising Injury Exclusions Personal Injury or Advertising injury 1. Arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement or 2. Arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement or 3. Arising out of the wrong description of the price of goods products or services stated in your advertisement or 4. Caused by or at the direction of the insured with the knowledge that the act would violate the rights or another and would inflict personal injury or advertising injury or 5. Arising out of oral or written publication of material if done by or at the direction of the insured with knowledge or its falsity or 6. Arising out of the oral or written publication of material whose first publication took place before the beginning of the policy period or 7. Arising out of a criminal act committed by or at the direction of the insured. Pollution 1. Bodily injury property damage or personal injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of Pollutants at any time anywhere in the world. AGR CU 2001 07 11 Page 12 of 20 Page 12 of 20 | 1 |
Allianz 2. 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 Pollutants or 3. Any loss cost or expense arising out of any claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of Pollutants. This exclusion does not apply to bodily injury property damage or personal injury 1. Arising out of heat smoke or fumes from a Hostile Fire 2. Arising out of the upset overturn or collision of mobile equipment or a covered auto or 3. Included in the products completed operations hazard to the extent that valid scheduled underlying insurance for the pollution liability risks described above exists or would have existed but for the exhaustion of applicable limits of insurance. As used in this exclusion 1. A Hostile Fire means one which becomes uncontrollable or breaks out from where it was intended to be and 2. 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. War Bodily injury property damage or indirectly out of personal injury or advertising injury however caused arising directly 1. War including undeclared or civil war or 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. Expected or Intended Injury or Damage 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. Asbestos 1. Bodily injury property damage personal injury or advertising injury arising out of the manufacture of mining of use of sale of installation of removal of distribution of or exposure to asbestos asbestos products asbestos fibers or asbestos dust 2. Any obligation of the insured to indemnify any party because of damages arising out of such bodily injury property damage personal injury or advertising injury as a result of the manufacture of mining of use of sale of installation of removal of distribution of or exposure to asbestos asbestos products asbestos fibers or asbestos dust or 3. Any obligation to defend any suit or claim against the insured alleging bodily injury property damage personal injury or advertising injury and seeking damages if such suit or claim arises from bodily injury property damage personal injury or advertising injury as a result of the manufacture of mining of use of sale of installation of removal of distribution of or exposure to asbestos asbestos products asbestos fibers or asbestos dust. Employment Related Practices Bodily injury or personal injury to AGR CU 2001 07 11 Page 13 of 20 Page 13 of 20 | 1 |
Allianz 1. Aperson arising out of any a. Refusal to employ that person b. Termination of that person s employment or c. Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation or discrimination directed at that person or 2. The spouse child parent brother or sister of that person as a consequence of injury to that person at whom any of the employment related practices described in Paragraphs a. b. or c. above is directed. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. S. Securities and Financial Instruments Bodily injury property damage personal injury or advertising injury arising out of or by reason of The purchase sale offer of sale or solicitation of any security debt insurance policy bank deposit or financial interest or instrument Any representations made at any time in relation to the price or value of any security debt insurance policy bank deposit or financial interest or instrument or Any depreciation or decline in price or value of any security debt insurance policy bank deposit or financial interest or instrument. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1. 2. 3. Causing or contributing to the intoxication of any person The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion does not apply to the extent that valid scheduled underlying insurance for the liquor liability risks described above exists or would have existed but for the exhaustion of applicable limits of insurance. Aircraft Products and Grounding Bodily injury or property damage arising out of Aircraft Products or Grounding. As used in this exclusion 1. 2. Aircraft Products means any aircraft including missiles spacecraft satellites and any ground control or support equipment intended for use in connection therewith and any other goods products or services specifically intended for use in the manufacture repair service operation or maintenance of any aircraft and Grounding means the withdrawal of any aircraft from service or the imposition of any restrictions on the use of any aircraft arising out of Aircraft Products. Nuclear Energy Liability 1. Bodily injury or property damage a. With respect to which an insured under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors or would be an Insured under any such policy but for its termination upon exhaustion of its limit of liability or AGR CU 2001 07 11 Page 14 of 20 | 1 |
Allianz Resulting from the Hazardous Properties of Nuclear Material and with respect to which 1 any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or 2 the insured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization. 2. Bodily injury or property damage resulting from Hazardous Properties of Nuclear Material if b. The Nuclear Material 1 is at any Nuclear Facility owned by or operated by or on behalf of an insured or 2 has been discharged or dispersed therefrom The Nuclear Material is contained in Spent Fuel or Waste at any time possessed handled used processed stored transported or disposed of by or on behalf of an insured or The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any Nuclear Facility but if such facility is located within the United States of America its territories or possessions or Canada this Exclusion c applies only to property damage to such Nuclear Facility and any property thereat. 3. Asused in this exclusion a. b. h. Hazardous Properties includes radioactive toxic or explosive properties. Nuclear Material means Source Material Special Nuclear Material or By Product Material. Source Material Special Nuclear Material and By Product Material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent Fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a Nuclear Reactor. Waste means 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. Nuclear Facility means 1 Any Nuclear Reactor 2 Any equipment or device designed or used for a separating the isotopes of uranium or plutonium b processing or utilizing Spent Fuel or c handling processing or packaging Waste 3 Any equipment or device used for the processing fabricating or alloying of Special Nuclear Material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 4 Any structure basin excavation premises or place prepared or used for the storage or disposal of Waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. 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. Property damage includes all forms of radioactive contamination of property. W. Contractual Liability 1. Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages AGR CU 2001 07 11 Page 15 of 20 | 1 |
Allianz a. That the insured would have in the absence of the contract or agreement or b. Assumed in a contract that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorney fees and necessary litigation expenses incurred by or for a party other than the insured are deemed to be damages because of bodily injury or property damage and included within the Limits of Insurance of this policy provided 1 Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and 2 Such attorney fees and litigation expenses are for the defense of that party against a civil proceeding or an alternative dispute resolution proceeding alleging damages to which this policy applies. 2. Personal injury or advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply for damages a. That the insured would have in the absence of the contract or agreement or b. Assumed in a contract or agreement that is an insured contract provided the personal injury andor advertising injury tales place subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorney fees and necessary litigation expenses incurred by or for a party other than the insured are deemed to be damages because of bodily injury or property damage and included within the Limits of Insurance of this policy provided 1 Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and 2 Such attorney fees and litigation expenses are for the defense of that party against a civil proceeding or an alternative dispute resolution proceeding alleging damages to which this policy applies. Violation of Statutes Governing Communications or Information Bodily injury property damage personal injury or advertising injury arising out of any action or omission that violates any statute ordinance or regulation or any federal state province or local or other governmental body including any amendments or additions to such laws that prohibits or limits the sending disposal collecting recording transmitting communicating or distribution of material or information. Infringement of Copyright Patent Trademark or Trade Secret Personal injury or advertising injury arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. However this exclusion does not apply to infringement in your advertisement of copyright trade dress or slogan. Unauthorized Use of Another s Name or Product Personal Injury or advertising injury 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. SECTION VI CONDITIONS A. Appeals 1. If the insured or the insured s insurer elects not to appeal a judgment in excess of the Retained Limit as defined in Section IV Definitions we may do so at our own expense. We will be liable for taxable costs pre judgment and postjudgment interest and disbursements. B. Bankruptcy 1. Bankruptcy or Insolvency of Insured AGR CU 2001 07 11 Page 16 of 20 Page 16 of 20 | 1 |
Allianz Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this policy. Bankruptcy or Insolvency of Insurers Bankruptcy or insolvency of any insurer will not relieve us of our obligations under this policy. However this insurance will not replace any scheduled underlying insurance in the event of bankruptcy or insolvency of the insurer. This insurance will apply as if the scheduled underlying insurance were in full effect. C. Cancellation 1. The first named insured may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first named insured written notice of cancellation at least a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium or b. 90 days before the effective date of cancellation if we cancel for any other reason. If this policy is in effect for more than 60 days our reasons for cancellation other than cancellation for nonpayment of premium will be limited to those reasons permitted by the laws or statutes of the jurisdiction governing the cancellation of this policy. 3. We will mail or deliver our notice to the first named insured s mailing address shown in Item 1 of the Declarations. If notice is mailed proof of mailing will be sufficient proof of notice. 4. Notice of cancellation will state the effective date and time of cancellation. The policy period will end on that date and time. 5. If this policy is cancelled we will send the first named insured any premium refund due. If we cancel the refund will be pro rata. If the first named insured cancels the refund may be less than pro rata. 6. Premium adjustment may be made at the time of cancellation or as soon as practicable thereafter but the cancellation will be effective even if we have not made or offered any refund due. Our check or our representative s check mailed and delivered will be sufficient tender of any refund due you. 7. This condition is amended where necessary to comply with the applicable state law regarding Cancellation. D. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first named insured is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy. E. Duties in the Event of Occurrence Claim or Suit 1. 3. You must see to it that we are notified as soon as practicable of an occurrence regardless of the amount which may result in a claim under this policy. To the extent possible notice should include a. How when and where the occurrence took place b. The names and addresses of any injured persons and witnesses and c. The nature and location of any injury or damage arising out of the occurrence. If a claim is made or suit is brought against any insured that is reasonably likely to involve this policy you must a. Record the specifics of the claim or suit and the date received and b. See to it that we receive written notice of the claim or suit as soon as practicable including other materials and information in your possession pertinent and relevant to the claim or suit. You and any other involved insured must AGR CU 2001 07 11 Page 17 of 20 Page 17 of 20 | 1 |
Allianz a. Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit b. Authorize us to obtain records and other information c. Cooperate with us in the investigation or settlement of the claim or defense against the suit and d. Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. 4. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. Examination of Your Books and Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. Headings The descriptions in the headings of this policy are solely for convenience and form no part of the terms and conditions of insurance. Inspections and Surveys 1. We have the right to a. Make inspections and surveys at any time b. Give you reports on the conditions we find and c. Recommend changes. 2. We are not obligated to make any inspections surveys reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys reports or recommendations. Legal Action Against Us No person or organization has a right under this policy 1. Tojoin us as a party or otherwise bring us into a suit asking for damages from an insured or 2. To sue us on this policy unless all of its terms have been fully complied with. Loss Payable 1. Liability under this policy shall not apply unless and until the insured or the insured s insurer has become obligated to pay the Retained Limit as defined in Section IV Definitions. 2. When the amount of damages has been finally determined we will promptly pay the amount of damages falling within the terms of this policy. 3. We may pay all or part of the dollar amount listed in the Declarations as Self Insured Retention to effect settlement of any claim or suit. Upon notification of the action taken you shall promptly reimburse us for such payment. Maintenance of Underlying Insurance 1. During the period of this policy you agree that AGR CU 2001 07 11 Page 18 of 20 Page 18 of 20 | 1 |
Allianz a. The scheduled underlying insurance will be maintained in full effect except for any renewal or replacement policies that provide equivalent coverage b. The terms and conditions of the scheduled underlying insurance will not materially change and c. The limits of insurance of the scheduled underlying insurance will not change except for any reduction or exhaustion of aggregate limits due to payments for occurrences to which this insurance applies. Failure to comply with these requirements will not invalidate this insurance. However this insurance will apply to the same extent it would have applied had there been full compliance with these requirements. 2. You agree to notify us as soon as practicable when a. Any insurance policy listed in the Schedule of Underlying Insurance is no longer in effect or b. The terms of any such policy change. Other Insurance If valid and collectible insurance applies to damages that are also covered by this policy this policy will apply as excess of the other insurance and will not contribute with the other insurance. However this provision will not apply if the other insurance is specifically written to be excess of this policy. M. Premiums and Audit 1. 4. The first named insured a. Is responsible for the payment of all premiums and b. Will be the payee for any return premiums we pay. We will compute all premiums for this policy in accordance with our rules and rates. Premium shown in this policy as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first named insured. The due date for audit premiums is the date shown as the due date on the bill. If the sum of the advance and audit premiums paid for the policy period is greater than the earned premium we will return the excess to the first named insured subject to any applicable minimum premium. The first named insured must keep records of the information we need for premium computation and send us copies at such times as we may request. N. Representations or Fraud By accepting this policy you agree 1. 2. The statements in the Declarations are accurate and complete Those statements are based upon representations you made to us We have issued this policy in reliance upon your representations and This policy is void in any case of fraud by you as it relates to this policy or any claim under this policy. 0. Separation of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this policy to the first named insured this insurance applies 1. 2. As if each named insured were the only named insured and Separately to each insured against whom claim is made or suit is brought. P. Transfer of Rights of Recovery Against Others to Us AGR CU 2001 07 11 Page 19 of 20 | 1 |
Allianz 1. If the insured has rights to recover all or part of any payment we have made under this policy those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. 2. Any amount recovered will be apportioned in the inverse order of payment of loss to the extent of actual payment. The expenses of all such recovery proceedings will be apportioned in the ratio of respective recoveries. 3. If prior to the time of an occurrence you waive any right of recovery against a specific person or organization for injury or damage as required under an insured contract we will also waive any rights we may have against such person or organization. Transfer of Your Rights and Duties Under This policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. Unintentional Failure to Disclose If you unintentionally fail to disclose all hazards existing at the inception date of this policy we will not deny coverage because of such failure. However this does not affect our right to collect additional premium or to exercise our right of cancellation or non renewal. Violation of Economic or Trade Sanctions If coverage for a claim or suit under this policy is in violation of any United States of America economic or trade sanctions including but not limited to sanctions administered and enforced by the United States Treasury Department s Office of Foreign Assets Control OFAC then coverage for that claim or suit will be and void. When We Do Not Renew If we decide not to renew this policy we will mail or deliver to the first named insured written notice of the nonrenewal not less than 60 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. This condition is amended where necessary to comply with the applicable state law regarding nonrenewal. AGR CU 2001 07 11 Page 20 of 20 | 1 |
Allianz Global Risks SCHEDULE OF UNDERLYING INSURANCE It is agreed that this policy is excess over all insurance policies or self insured retentions including and any renewal or replacements thereof as scheduled below. Insurer Policy Number Policy Period Coverages Limits Co Allianz Global Risks US Insurance Company Policy CGL 2008292 Policy Period January 01 2017 to January 01 2018 Commercial General Liability including Products Completed Operations Employee Benefits Liability Each Occurrence Limit 1000000 Personal and Advertising Injury Limit 1000000 General Aggregate Limit 1000000 Products Completed Operations Aggregate Limit 1000000 Each Employee 1000000 Aggregate 1000000 Co The Hartford Policy 57 UEN ZM1408 Policy Period January 01 2017 to January 01 2018 AZ CA GA IN MN NC NJ TX Commercial Automobile Liability Bodily Injury or Property Damage Liability Combined Single Limit 1000000 Co The Hartford Policy 57 WE PK9556 Policy Period January 01 2017 to January 01 2018 AZ CA FL GA IN MD MA MN NY NC PA TX Employers Liability Coverage B Employers Liability Bodily Injury By Accident 1000000 Each Accident Bodily Injury By Disease 1000000 Each Employee 1000000 Policy Limit Advertising Injury 2gate Limit mployee Benefits Liability Single Limit 0 AGR CU 1501 02 13 Page 1 of 1 | 2 |
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