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Allianz Global Risks EXCLUSION MINING OPERATIONS This insurance does not apply to any liability arising out of mining operations conducted at any location. All other terms and conditions remain unchanged. AGR CU 5008 01 04 Page 1 of 1 | 2 |
Allianz Global Risks EXCLUSION PROFESSIONAL LIABILITY This insurance does not apply to bodily injury property damage arising out of the rendering or failure to render any professional services. personal injury or advertising injury All other terms and conditions remain unchanged. AGR CU 5010 01 04 Page 1 of 1 | 2 |
Allianz Global Risks EXCLUSION AIRCRAFT OR WATERCRAFT LIABILITY Exclusion V.J. Aircraft or Watercraft is replaced by the following This insurance does not apply to J. Aircraft or Watercraft 1. Watercraft Bodily injury property damage personal injury or advertising injury arising out of the ownership maintenance use or entrustment to others of any watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to watercraft less than 75 feet long to the extent that valid scheduled underlying insurance for the watercraft liability risks described above exists or would have existed but for the exhaustion of applicable limits of insurance. Aircraft This insurance does not apply to bodily injury property damage personal injury or advertising injury arising out of the ownership maintenance use or entrustment to others of any aircraft. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft. This exclusion does not apply to bodily injury or property damage arising out of your use of industrial aid aircraft. However the Retained Limit with respect to bodily injury or property damage arising out of industrial aid aircraft will be the greater of a. The sum of all applicable limits of insurance under all underlying insurance or b. 1 50000000 each occurrence if the occurrence involves an industrial aid aircraft that is owned by you or 2 25000000 each occurrence if the occurrence involves an industrial aid aircraft that is not owned by you. For the purposes of this exclusion industrial aid aircraft means an aircraft that a. s used principally for the transportation of your executive officers employees temporary workers and invited guests and b. Has a seating capacity exclusive of cockpit crew but inclusive of cabin crew of no more than 20 persons whether or not all such seats are occupied. Industrial aid aircraft does not include any aircraft that is a. Used by an insured for any commercial or charter passenger or cargo airline service any flight school or aviation training business or any other operations for which an insured receives compensation other than cost reimbursement AGR CU 5015 01 04 Page 1 of 2 | 2 |
Allianz Global Risks Held for sale lease charter or delivery by an insured in the business of manufacture sale lease or charter of aircraft Used for product testing or demonstration purposes Temporarily in the care custody or control of an insured in the business of servicing maintaining fueling testing or storing aircraft. All other terms and conditions remain unchanged. AGR CU 5015 01 04 Page 2 of 2 | 2 |
Allianz Global Risks Policy Number ULA 2008293 Effective Date January 01 2017 EXCLUSION ELECTROMAGNETIC RADIATION This insurance does not apply to bodily injury property damage personal injury or advertising injury that arises out of the actual alleged or threatened existence discharge dispersal emission release or escape of or exposure to or contact with Electromagnetic Radiation. This exclusion applies only to your products shown in the Schedule below. For the purposes of this exclusion Electromagnetic Radiation means magnetic energy waves fields or forces that are generated produced distributed transmitted or maintained by electrical charges currents frequencies energy or forces. SCHEDULE Designated Products Cellular phones andor related devices. All other terms and conditions remain unchanged. AGR CU 5019 01 04 Page 1 of 1 | 2 |
Allianz Global Risks EXCLUSION RAILROAD LIABILITY This insurance does not apply to bodily injury property damage or personal injury or advertising injury arising out of the ownership or operation of any railroad. This exclusion applies only if you are in the business of operating a railroad. All other terms and conditions remain unchanged. AGR CU 5025 06 04 Page 1 of 1 | 2 |
Allianz Global Risks EXCLUSION TOBACCO AND TOBACCO PRODUCTS This insurance does not apply to 1. Any liability in whole or in part arising out of or in any way related to the existence presence manufacture processing handling sale distribution ingestion inhalation exhalation absorption consumption use of or exposure to Tobacco or Tobacco Products including but not limited to a. b. c. Any material or substance which is contained in or which forms a part of any Tobacco Product Any by products of Tobacco or Tobacco Products Any supervision instructions recommendations notices warnings or advice given or which should have been given in connection with Tobacco or Tobacco products or Any act error omission or other conduct committed in the course of advertising or promoting Tobacco or Tobacco products. Any injury to any person caused or aggravated by anything described in Paragraph 1. above or to which anything described in Paragraph 1. above has contributed. For the purposes of this exclusion 1. 2. Tobacco includes but is not limited to a. b. Tobacco in any form whether or not contained in or incorporated into products or goods or Tobacco smoke or fumes including second hand smoke. Tobacco Products means any products or goods that contain Tobacco. All other terms and conditions remain unchanged. AGR CU 5026 01 04 Page 1 of 1 | 2 |
Allianz Global Risks EXCLUSION FUNGI OR BACTERIA This insurance does not apply to 1. Bodily injury or property damage which would not have occurred in whole or in part but for the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed concurrently or in any sequence to such injury or damage 2. Personal injury which would not have taken place 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 bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed concurrently or in any sequence to such injury or 3. Any loss cost or expense arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. Paragraph 1. of this exclusion does not apply to any fungi or bacteria that are are on or are contained in a good or product intended for consumption. For the purposes of this exclusion fungi means any type or form of fungus including mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. All other terms and conditions remain unchanged. AGR CU 5031 01 04 Page 1 of 1 | 2 |
Allianz Global Risks Policy Number ULA 2008293 Effective Date January 01 2017 EXCLUSION OFFSHORE FACILITIES This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA COVERAGE FORM This insurance does not apply to bodily injury or property damage or personal or advertising injury arising out of the ownership or operation of offshore facilities. For the purposes of this exclusion offshore facilities means any fixed or floating structure or any group of structures located off the coast used or intended to be used for 1. The production or distribution of oil or gas 2. Offshore drilling All other terms and conditions remain unchanged. AGR CU 5041 07 11 Page 1 of 1 | 2 |
Allianz Global Risks Policy Number ULA 2008293 Effective Date January 01 2017 EXCLUSION OF OTHER ACTS OF TERRORISM COMMITTED OUTSIDE THE UNITED STATES CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY A. The following exclusion is added to SECTION V EXCLUSIONS This insurance does not apply to TERRORISM Any injury or damage arising directly or indirectly out of an other act of terrorism that is committed outside of the United States including its territories and possessions and Puerto Rico but within the coverage territory. However this exclusion applies only when one or more of the following are attributed to such act 1. The total of insured damage to all types of property exceeds 25000000 valued in U.S. dollars. In determining whether the 25000000 threshold is exceeded we will include all insured damage sustained by property of all persons and entities affected by the terrorism and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions or 2. Fifty or more persons sustain death or serious physical injury. For the purposes of this provision serious physical injury means a. Physical injury that involves a substantial risk of death or b. Protracted and obvious physical disfigurement or c. Protracted loss of or impairment of the function of a bodily member or organ or 3. The terrorism involves the use release or escape of nuclear materials or directly or indirectly results in nuclear reaction or radiation or radioactive contamination or 4. The terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials or 5. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials. With respect to this exclusion Paragraphs 1. and 2. describe the thresholds used to measure the magnitude of an incident of an other act of terrorism and the circumstances in which the threshold will apply for the purpose of determining whether this exclusion will apply to that incident. AGR CU 5043 01 15 Page 10f2 Page 1 of 2 | 2 |
Allianz Global Risks B. The following definitions are added 1. For the purposes of this endorsement any injury or damage means any injury or damage covered under any Coverage Part to which this endorsement is applicable and includes but is not limited to bodily injury property damage personal injury and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part. 2. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism pursuant to such Act as amended. The federal Terrorism Risk Insurance Act sets forth the following criteria for a certified act of terrorism a. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act b. The act resulted in damage 1 Within the United States including its territories and possessions and Puerto Rico or 2 Outside of the United States in the case of a An air carrier as defined in Section 40102 of title 49 United States Code or United States flag vessel or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States regardless of where the loss occurs or b The premises of any United States mission and c. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. 3. Other act of terrorism means a violent act or an act that is dangerous to human life property or infrastructure that is committed by an individual or individuals and that appears to be part of an effort to coerce a civilian population or to influence the policy or affect the conduct of any government by coercion and the act is not a certified act of terrorism. Multiple incidents of an other act of terrorism which occur within a seventy two hour period and appear to be carried out in concert or to have a related purpose or common leadership shall be considered to be one incident. C. In the event of an other act of terrorism that is not subject to this exclusion coverage does not apply to any loss or damage that is otherwise excluded under this Coverage Part. D. If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insurance Act exceed 100 billion in a calendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. All other terms and conditions remain unchanged. AGR CU 5043 01 15 Page 2 of 2 | 2 |
Allianz Global Risks Policy Number ULA 2008293 Effective Date January 01 2017 EMPLOYEE BENEFITS LIABILITY FOLLOWING FORM ENDORSEMENT CLAIMS MADE This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY THIS ENDORSEMENT PROVIDES CLAIMS MADE COVERAGE PLEASE READ THE ENTIRE ENDORSEMENT CAREFULLY A. The following exclusion is added to Section V EXCLUSIONS EMPLOYEE BENEFITS LIABILITY This insurance does not apply to any damages that the insured becomes legally obligated to pay by reason of any negligent act error or omission of the insured or of any other person for whom the insured is legally liable that is committed in the administration of your Employee Benefit Program. This exclusion does not apply to the extent that valid scheduled underlying insurance for the employee benefits liability risks described above exists or would have existed but for the exhaustion of applicable limits of insurance. However 1. 2. Employee Benefits Liability coverage provided by this insurance will not be broader than coverage provided by the scheduled underlying insurance and This insurance applies to damages only if a. The act error or omission did not take place before the Retroactive Date if any shown for Employee Benefits Liability Coverage in the scheduled underlying insurance nor after the end of our policy period and b. A claim for damages because of an act error or omission is first made against any insured during our policy period or an Extended Reporting Period if any provided by the Employee Benefits Liability Coverage of the scheduled underlying insurance. A claim seeking damages will be deemed to have been made at the times specified in the Employee Benefits Liability Coverage of the scheduled underlying insurance. Coverage under this policy for such liability will follow the terms definitions conditions and exclusions of the scheduled underlying insurance subject to the limits of insurance premium and all other terms definitions conditions and exclusions of this policy. Provided however that coverage provided by this policy will be no broader than the coverage provided by the Scheduled Underlying Insurance. B. For the purposes of this endorsement 1. Administration means the following to the extent authorized by you a. Providing information to employees including their dependents and beneficiaries with respect to eligibility for or scope of employee benefit programs b. Handling records in connection with the employee benefit program or c. Effecting continuing or terminating any employee s participation in any benefit included in the employee benefit program. However administration does not include handling payroll deductions. AGR CU 4001 07 11 Page 1 of 2 | 2 |
Allianz Global Risks 2. Employee benefit program means Group Life Insurance Group Accident or Health Insurance Pension Plans Employee Stock Subscription Plans Worker s Compensation Unemployment Insurance Social Security and Disability Benefits. All other terms and conditions remain unchanged. AGR CU 4001 07 11 Page 2 of 2 | 2 |
Allianz Global Risks Policy Number ULA 2008293 Effective Date January 01 2017 NAMED PERIL POLLUTION ENDORSEMENT 1. Amended Pollution Exclusion Exclusion N. Pollution is replaced by the following This insurance does not apply to N. Pollution 1. Bodily injury property damage or personal injury arising out of the actual or threatened discharge dispersal seepage migration release or escape of pollutants anywhere in the world 2. Any loss cost or expense arising out of any governmental direction or request that we the insured or any other person or organization test for monitor clean up remove contain treat detoxify neutralize or assess the effects of pollutants or 3. Any loss cost or expense including but not limited to costs of investigation or attorneys fees incurred by a governmental unit or any other person or organization to test for monitor clean up remove contain treat detoxify or neutralize pollutants. As used in this exclusion pollutants means any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste material. Waste material includes materials which are intended to be or have been recycled reconditioned or reclaimed. 2. Exceptions to the Pollution Exclusion Exclusion N. Pollution does not apply to bodily injury property damage or personal injury arising out of a. Any discharge dispersal seepage migration release or escape directly or indirectly caused by fire explosion lightning windstorm vandalism or malicious mischief riot and civil commotion flood earthquake automatic sprinkler leakage or the collision or upset of a motor vehicle railcar an aircraft or mobile equipment b. The products completed operations hazard. 3. Amendment of Defense Obligation For the purposes of the insurance provided by this endorsement a. Paragraph A.1.b. of Section Il Defense does not apply. b. We have no duty to defend the insured against any suit seeking damages for bodily injury property damage or personal injury that are covered by this endorsement but are not covered by any underlying insurance. However we will have the right to participate in the defense of the insured against any suit seeking such damages. 4. Amendment of Self Insured Retention For the purposes of the insurance provided by this endorsement the Self Insured Retention shown in Item 3. D. of the Declarations is amended to 1000000. All other terms and conditions remain unchanged. AGR CU 4502 07 11 Page 1 of 1 | 2 |
Allianz Global Risks LIMITS OF LIABILITY AMENDATORY ENDORSEMENT Paragraphs B. C. D. and E. of Section Il Limits of Insurance are replaced by the following B. 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 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. C. The Products Completed Operations Aggregate Limit does not apply and all damages because of bodily injury and property damage included in the products completed operations hazard are subject to the General Aggregate Limit described in Paragraph B. above. D. Subject to B. above 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. E. The General Aggregate Limit described in Paragraphs B. above applies 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. All other terms and conditions remain unchanged. AGR CU 5504 01 04 Page 1 of 1 | 2 |
Allianz Policy Number ULA 2008293 Effective Date January 01 2017 CRISIS MANAGEMENT RESPONSE COST AND CRISIS MANAGEMENT LOSS COVERAGE EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY The following is added to SECTION COVERAGE H. CRISIS MANAGEMENT RESPONSE COSTS AND CRISIS MANAGEMENT LOSS COVERAGE EXTENSION SCHEDULE A Crisis Management Limits of Insurance Coverage A Crisis Management Response Costs Limit of 250000 Each Crisis Management Insurance Event 250000 Aggregate Coverage B Crisis Management Loss Limit of Insurance 50000 Each Crisis Management Event 50000 Aggregate WIEIaye D Wiiole Vidilaywllieiil LUee Liiint Ut flisulalive SCHEDULE B Approved Crisis Management Firms Refer to AGRL CU 1601 Schedule of Approved Crisis Management Firms attached. Or contact Allianz Global Risk Insurance Company Liability Claims Dept. 225 W. Washington Street Suite 1800 Chicago IL 60605 Phone Number 1.800.211.6647 Or fill out the on line claims reporting form available at www.agcs.allianz.comglobalofficesunitedstates Risk Insurance Company ns Dept. ington Street Suite 1800 0605 er 1.800.211.6647 SCHEDULE C Additional Key Executives unless listed below AGRL CU 2002 01 13 Page 1 of 3 | 2 |
Allianz 1. INSURING AGREEMENT CRISIS MANAGEMENT RESPONSE COSTS AND CRISIS MANAGEMENT LOSS Crisis Management Response Costs We will pay Crisis Management Response Costs on behalf of the Named Insured regardless of fault arising from a Crisis Management Event which first commences during our policy period up to the amount of the Crisis Management Response Costs Limit of Insurance. Crisis Management Loss We will pay Crisis Management Loss on behalf of the Named Insured arising from a Crisis Management Event which first commences during our policy period up to the amount of the Crisis Management Loss Limit of Insurance. A Crisis Management Event will be deemed to commence at the time when a Key Executive first becomes aware of a Crisis Management Event and will end when we determine that a crisis no longer exists or when the Crisis Management Response Costs Limit of Insurance has been exhausted whichever comes first. There will be no Retained Limit applicable to Crisis Management Response Costs or Crisis Management Loss. Any payment of Crisis Management Response Costs or Crisis Management Loss that we make under the coverage provided by this endorsement will not be an acknowledgement of coverage under any other part of this policy nor does it create any duty to defend any suit under any other part of this policy. 2. LIMITS OF INSURANCE The Crisis Management Response Costs Limit of Insurance is the most we will pay for all Crisis Management Response Costs under this policy regardless of the number of Crisis Management Events first commencing during our policy period. This Crisis Management Response Costs Limit of Insurance will be in addition to the applicable Limits of Insurance shown in the Declarations of this policy. The Crisis Management Loss Limit of Insurance is the most we will pay for all Crisis Management Loss under this policy regardless of the number of Crisis Management Events first commencing during our policy period. This Crisis Management Loss Limits of Insurance will be in addition to the applicable Limits of Insurance shown in the Declarations of this policy. We will have no obligation to pay Crisis Management Response Costs when we determine that a Crisis Management Event has ended or when the Crisis Management Response Costs Limit of Insurance has been exhausted whichever occurs first. The Crisis Management Limits of Insurance in Schedule A of this endorsement apply separately to each consecutive annual period and to any remaining period of less than twelve 12 months beginning with the inception date of our policy period shown in the Declarations. If our policy period is extended after issuance for an additional period of less than 12 months the additional period will be deemed to part of the last preceding period for purposes of determining the Crisis Management Limits of Insurance of this endorsement. 3. DEFINITIONS For the purpose of this endorsement only SECTION VI DEFINITIONS is amended to include the following definitions Crisis Management Event means an occurrence that triggers significant adverse regional or national media coverage that in the good faith opinion of a Key Executive of the Named Insured has or may result in damages covered by this policy that are in excess of the total applicable limits of Scheduled Underlying Insurance. Crisis Management Event includes man made disasters such as explosions major crashes multiple deaths burns dismemberment traumatic brain injury permanent paralysis or contamination of food drink or pharmaceuticals provided that they result from an occurrence. AGRL CU 2002 01 13 Page 2 of 3 | 2 |
Allianz Crisis Management Firm means any firm approved by us and shown in Schedule B Approved Crisis Management Firms of this endorsement which is hired by you to perform Crisis Management Services in connection with a Crisis Management Event. Crisis Management Loss means the following amounts incurred during a Crisis Management Event 1 Amounts for the reasonable and necessary fees and expenses incurred by a Crisis Management Firm in the performance of Crisis Management Services for the Named Insured solely arising from a covered Crisis Management Event and 2 Amounts for reasonable and necessary printing advertising or mailing of materials or travel by directors officers employees or agents of the Named Insured or a Crisis Management Firm incurred at the direction of a Crisis Management Firm solely arising from a covered Crisis Management Event. Crisis Management Services means those services performed by a Crisis Management Firm in assisting the Named Insured in minimizing the potential harm to the Named Insured from a covered Crisis Management Event by maintaining and restoring public confidence in the Named Insured. Crisis Management Response Costs mean the following reasonable and necessary expenses incurred during a Crisis Management Event directly caused by a Crisis Management Event provided that such expenses have been pre approved by us and are associated with damages that would be covered by this policy 1 Medical Expenses 2 Funeral Expenses 3 Psychological counseling 4 Travel Expenses 5 Temporary Living Expenses 6 Expenses to secure the scene of a Crisis Management Event and 7 Any other expenses pre approved by us. Crisis Management Response Costs does not include defense costs or Crisis Management Loss. Crisis Management Response Costs Sub limits of Insurance means the Crisis Management Response Costs Limit of Insurance shown in Schedule A of this endorsement. Crisis Management Loss Limit of Insurance means the Crisis Management Loss Limit of Insurance shown in Schedule A of this endorsement. Key Executive means the Chief Executive Officer Chief Operating Officer Chief Financial Officer President General Counsel or general partner if the Named Insured is a partnership of the Named Insured or sole proprietor if the Named Insured is a sole proprietorship. A Key Executive also means any other person holding a title designated by you and approved by us which title is shown in Schedule C Additional Key Executives of this endorsement. All other terms and conditions remain unchanged. AGRL CU 2002 01 13 Page 3 of 3 | 2 |
Allianz Policy Number ULA 2008293 Effective Date January 01 2017 SCHEDULE OF APPROVED CRISIS MANAGEMENT FIRMS THIS SCHEDULE FORMS A PART OF ENDORSEMENT AGRL CU 2002 CRISIS MANAGEMENT RESPONSE COST AND CRISIS MANAGEMENT LOSS COVERAGE EXTENSION ENDORSEMENT ATTACHED TO THIS POLICY. Approved Crisis Management Firms HILL KNOWLTON STRATEGIES NATIONAL LEAD WESTERN LEAD Bill Coletti EVP Steve Getzug SVP 1601 Cloverfield BI. Ste. 3000N 1601 Cloverfield BI. Ste. 3000N Santa Monica CA 90404 Santa Monica CA 90404 Office 310.633.9431 Office 310.633.9444 Fax 310.633.9401 Fax 310.633.9401 Cell 407.739.1843 Cell 213.219.8990 Bill.colettihkstrategies.com Steve.Getzughkstrategies.com CENTRAL LEAD Marvin Singleton SVP 200 Crescent Ct. Ste. 1030 Dallas TX 75201 Office 214.613.0218 Fax 214.363.3935 Cell 214.686.0259 Marvin.Singletonhkstrategies.com EASTERN LEAD Greg Hitt SVP 607 14 St. NW Ste. 500 Washington D.C. 20005 Office 202.354.8232 Fax 202.354.8201 Cell 202.669.1216 Greg.Hitthkstrategies.com Ste. 3000N 0404 31 01 43 egies.com Ste. 3000N tegies.com Ste. 500 20005 232 3201 216 tegies.com ategies.com Approved Crisis Management Firms shall also include a firm other than one shown above provided you notify us of your intent to hire such firm and we approve. Approval shall be deemed granted if we do not notify you of our disapproval within 3 business days of receiving the notice of your intent. AGRL CU 1601 01 13 Page 1 of 1 | 2 |
Allianz Allianz Global Risks US Insurance Company Policy Number ULA 2008293 Effective Date January 01 2017 ECONOMIC OR TRADE SANCTIONS ENDORSEMENT This endorsement modifies insurance provided under the following Commercial Umbrella Liability Policy This policy is amended as follows Section VI CONDITIONS is amended to include the following condition 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. All other terms and conditions remain unchanged. AGRL CU 5001 07 08 Page 1 of 1 | 2 |
Allianz Policy Number ULA 2008293 Effective Date January 01 2017 LIMITATION ENDORSEMENT ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY COVERAGE This policy is amended as follows SECTION V EXCLUSIONS is amended to include the following Access or Disclosure of Confidential or Personal Information and Data Related Liability Damages for bodily injury property damage personal injury or advertising injury arising out of 1. Any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information or The loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses crisis management response costs or crisis management loss or any other loss cost or expense incurred by you or others arising out of that which is described in Paragraph 1. or 2. above. However this exclusion does not apply to the extent that coverage for such bodily injury property damage personal injury or advertising injury is provided by scheduled underlying insurance. AGRL CU 5018 05 14 Page 1 0f 1 | 2 |
Allianz Policy Number Effective Date ULA 2008293 January 1 2017 Amendatory Endorsement Claims Series Provisions This endorsement modifies coverage provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY This policy is amended as follows SECTION COVERAGE paragraph A is deleted and replaced by the following. 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. 3. Damages because of bodily injury property damage personal injury or advertising injury which are attributable to the same actual or alleged event condition cause defect or hazard including the failure to warn of such shall be treated as one occurrence. All damages and subsequent claims irrespective of when such damages arose the number or amount of such damages or claims made or suits brought or the number of persons or organizations making claims or bringing suits resulting from one occurrence shall be allocated to the policy in effect on the first date on which bodily injury property damage personal injury or advertising injury occurs. All other terms and conditions remain unchanged. AGRL CU 5020 m 09 14 Page 1 of 1 | 2 |
Allianz Global Risks Policy Number ULA 2008293 Effective Date January 01 2017 NAMED INSURED ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY The Named Insured as shown on the Declarations is completed to read as follows Jafra Cosmetics International Inc. USA CDRJ Asia Pacific Inc. USA All other terms and conditions remain unchanged. AGR IL M0O1 11 03 Page 1 of 1 | 2 |
Allianz Global Risks Policy Number ULA 2008293 Effective Date January 01 2017 SILICA OR SILICA RELATED DUST EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY This policy is amended as follows A. The following exclusion is added to the Exclusions Section This insurance does not apply to Silica or Silica Related Dust a. Bodily injury property damage personal injury or advertising injury arising in whole or in part out of the actual alleged threatened or suspected inhalation of ingestion of contact with exposure to existence of or presence of silica or silica related dust. b. Any loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of silica or silica related dust by any insured or by any other person or entity. The following definitions are added to the Definitions Section 1. Silica means silicon dioxide occurring in crystalline amorphous and impure forms silica particles silica dust or silica compounds. 2. Silica related dust means a mixture or combination of silica and other dust or particles. This exclusion does not apply to products containing less than 6 silica. All other terms and conditions remain unchanged. AGR IL M0O1 11 03 Page 1 of 1 | 2 |
Allianz Allianz Global Risks US Insurance Company Policy Number ULA 2008293 Effective Date January 1 2017 Allianz Global Risks US Insurance Company Privacy and Security Statement Protecting you and your family from loss is important to Allianz Global Risks US Insurance Company AGRUS. Just as important to us is protecting your privacy and personal information. Our pledge to pro tect your privacy is reflected in our Privacy and Security Statement which outlines our principles for col lecting using and protecting your personal information. Our Privacy and Security Statement applies to all of the companies within the AGRUS family of compa nies that issue insurance policies. In most cases these companies use the same processing systems and employees to maintain your insurance coverage. The law allows us to share personal information among our insurance companies. The law does not allow customers to prevent these disclosures. A list of our companies can be found at the end of this notice. AGRUS does not sell your personal information to anyone. We do not share your personal information with anyone for their own marketing purposes. For this reason no opt in or authorization is required. We also do not share your personal information with any of our affiliated companies outside of the AGRUS family of in surance companies. Personal Information about You AGRUS collects AGRUS collects personal information about you so that we can process the insurance transactions you request. We limit the amount of personal information collected to what we feel is needed to maintain your account. We may collect your personal information from the following sources. From you either directly or through your agent. This may include information on your insurance application or other forms you may complete.. From others through the process of handling a claim. This may include information from med ical or accident reports.. From your relationship with us. Such as the number of years you have been a customer or the types of insurance products you purchased.. From a consumer reporting agency. Such as a credit or motor vehicle report. The information in these reports may be kept by the consumer reporting agency and shared with others. If you visit one of our websites we may use cookies small text files sent from our site to your hard drive. These cookies help us to recognize repeat visitors and allow easy access to and use of the site. We do not use cookies to gather personal information. The cookies only enable you to use our website more easily. Personal Information about You AGRUS Shares AGRUS does not share personal information about current or former customers to anyone except as allowed by law. Allowed by law means that we may share your personal information such as your name address and policy information as follows. To consumer reporting agencies to obtain a credit report or motor vehicle report. These re ports are used to determine eligibility for coverage or to process your requested transactions.. To your insurance agent so that they can perform services for you.. To medical professionals in order to process your claim.. To a state Department of Insurance in order to examine our records or business practices. AGRL IL 8CAT1 12 07 Page 10f2 | 2 |
Allianz. To a state or federal law enforcement agency as required by law or to report suspected fraud activities. To research groups to conduct studies on claims results. No individual is identified in any study or report. We advise the vendors with whom we legally share your personal information of our privacy policy. We make every effort to use vendors whose privacy policy reflects our own. AGRUS Policies and Practices Regarding Security of Personal Information AGRUS computer hardware and software tools to maintain physical and electronic safeguards. These safeguards comply with applicable federal and state regulations. We restrict access to personal in formation about you to those employees who need the information to service your policy. Fireman s Fund works hard to ensure that our websites are secure. We use state of the art technology to protect the personal information that may be shared over these sites. Your Ability to Access and Correct Your Personal Information If you wish to review your personal information please write to the address below. Provide your full name address and policy numbers. For your protection please have your request notarized. This will ensure the identity of the person requesting the information. Within 30 working days you may see and copy your information in person. If you prefer we will send you a copy of your information. You will not be given access to your information collected or in con nection with a claim or a civil or criminal proceeding. If medical information is contained in your file we may request that you name a medical professional to whom we will send the information. If you believe any of your information is incorrect notify us in writing at the address below. Within 30 working days we will let you know if our review has resulted in a correction of your information. If we do not believe there is an error you may file a statement disputing the information. We will attach the statement to your file. We will send any corrections we make or your statement to anyone we shared your information with over the past two years. And to anyone who may receive your information from us in the future. We do not control the information about you obtained from a consumer reporting agency or a Department of Motor Vehicle. We will provide you with the names and addresses of these agencies so that you can contact them directly. Notification of Change Your trust is one of our most important assets. If we revise our privacy practices in the future we will notify you prior to introducing any changes. For More Information or if You have Questions If you have further questions regarding our privacy policy you can contact us in a number of ways. You may call us at 1 888 466 7883 or you can write to us at Allianz Global Risks US Insurance Company Consumers Affairs 225 West Washington Street Suite 1800 Chicago IL 60606 AGRL IL 8CAT1 12 07 Page 2 of 2 | 2 |
IMPORTANT NOTICE TO POLICYHOLDERS WITH PREMISES OR OPERATIONS IN FLORIDA FLORIDA HURRICANE CATASTROPHE FUND EMERGENCY ASSESSMENT The Florida Office of Insurance Regulation has levied an emergency assessment on direct written premiums for all property and casualty lines of business in Florida. This emergency assessment is to fund obligations costs and expenses of the Florida Hurricane Catastrophe Fund and the Florida Hurricane Catastrophe Fund Corporation. This emergency assessment is 1.3 and applies to all subject policies effective on or after January 1 2011. We are required by statute and order to collect this emergency assessment from policyholders and remit it to the State. This assessment for your policy appears as 2011 FHCF EMER ASSESS CL. Form G3413 1 Page 1 of 1 2011 The Hartford | 2 |
Insurance Policy Billing Information Thank you for selecting The Hartford for your business insurance needs. Shortly you will receive your first bill from us. You are receiving this Notice so you know what to expect as a valued customer of The Hartford. Should you have any questions after reviewing this information please contact us at 866 467 8730 and we will be happy to assist you. Your total policy premium will appear on your policy s Declarations Page. You will be billed based on the payment plan you selected. You may pay the minimum due as it appears on your insurance bill or pay the policy balance in full. An installment service fee is added to each installment. A late fee will also be applied if the minimum due is not received by the due date shown on your bill. Service and late payment fees do not apply in all states. If you selected installment billing any credit or additional premium due as the result of a change made to your policy will be spread equally over the remaining billing installments. Additional premium due as a result of an audit will be billed in full on your next bill date following the completion of the audit. If you elected Electronic Funds Transfer EFT policy changes may result in changes to the amount automatically withdrawn from your bank account. The invoice you receive following a policy change will include future withdrawal amounts. If you need to adjust or stop your next scheduled EFT withdrawal please contact us at least 3 days prior to the scheduled withdrawal date at the telephone number shown below. If you selected installment billing and pay the premiums for your first policy term on time at renewal your account may qualify for our Equal Installment feature. This means that the percentage due for each installment including the initial renewal installment will be the same throughout the policy term helping you better manage cash flow. Equal installments will continue as long as you pay your premiums on time and no cancellation notices are issued for any policy on your account. If you no longer qualify for Equal Installments future renewals will be billed based on the payment plan you selected which includes a higher initial installment amount. If your policy is eligible for renewal your bill for the upcoming policy term will be sent to you approximately 30 days prior to your policy s renewal date. If your insurance needs change please contact us at least 60 days prior to your renewal date so we can properly address any adjustments needed. One bill convenience you have the option of combining all eligible Hartford policies on one single bill allowing you to make one payment for all policies on your account as payments are due. You re In Control In addition to selecting a bill plan option that best meets your budget you have the flexibility to decide how your payments are made... Repetitive EFT Sign up for Repetitve EFT payments and have payments automatically withdrawn from your bank account. This option saves you money by reducing the amount of the installment service fee. Pay Online Register at www.thehartford.comservicecenter. Online Bill Pay is Quick Easy and Secure Pay by Check Send a check with your remittance stub in the envelope provided with your bill. Pay by Phone Call toll free 1 866 467 8730. Should you have any questions about your bill please call Customer Service toll free number 1 866 467 8730 7AM 7PM CST. We look forward to being of service to you. Form 100722 10th Rev. Printed in U.S.A. | 2 |
UMBRELLA LIABILITY POLICY QUICK REFERENCE READ YOUR POLICY CAREFULLY This quick reference page has been designed to help you find easily the information you are looking for. In the DECLARATIONS PAGE you will find specifics of your policy including Your Name and Address Policy Period Limits of Insurance Premium Form Numbers of Endorsements that apply. In the form titled UMBRELLA LIABILITY POLICY POLICY PROVISIONS you will find under SECTION 1 Explanation of INSURING AGREEMENTS AND EXCLUSIONS Provisions for INVESTIGATION DEFENSE SETTLEMENT m Explanation of WHO IS AN INSURED v Explanation of LIMITS OF INSURANCE NUCLEAR ENERGY LIABILITY EXCLUSION Vi Policy CONDITIONS vil DEFINITIONS of certain policy terms 1 Explanation of INSURING AGREEMENTS AND EXCLUSIONS Provisions for INVESTIGATION DEFENSE SETTLEMENT m Explanation of WHO IS AN INSURED v Explanation of LIMITS OF INSURANCE A NUCLEAR ENERGY LIABILITY EXCLUSION Vi Policy CONDITIONS vil DEFINITIONS of certain policy terms In Section VI you will find a number of conditions that apply to this policy. They are Premium Changes Inspection and Audit Separation of Insureds Duties in the Event of Occurrence Claim or Suit Maintenance of Underlying Insurance Assistance and Cooperation of the Insured Cancellation Non Renewal Legal Action Against Us Appeals Other Insurance Transfer of Rights of Recovery Against Others to Us Workers Compensation Agreement Bankruptcy or Insolvency Representations IeoTmoo py nozgrxe In Witness Whereof our President and a Secretary have signed this policy. Where required by law the declarations page has been countersigned by our duly authorized representative. Terence Shields Secretary losz 4 g Andr A. Napoli Fresident Form XL 70 00 12 06 | 2 |
UMBRELLA LIABILITY POLICY DECLARATIONS INSURER HARTFORD CASUALTY INSURANCE COMPANY ONE HARTFORD PLAZA HARTFORD CT 06155 THE POLICY NUMBER 37 XHU TX3359 K3 HARTFORD RENEWAL OF 37 XHU TX3359 Items 1. Named Insured and Mailing Address SHORTS TRAVEL MANAGEMENT SEE IH1204 1203 W RIDGEWAY AVE PASSPORT INCE WATERLOO IA 50701 BLACK HAWK COUNTY 2. Policy Period From 090113 To 090114 1201 A.M. Standard Time at mailing address shown above. 3. Agent Broker Name LOCKTON COMPANIES LLC 4. Audit Period NOT SUBJECT TO AUDIT ADVANCE PREMIUM PREMIUM RATE PER BASIS 5. Premium 3030.00 2011 FHCF ASSESS CL 0.21 6. Self Insured Retention 10000 each occurrence 7. Limits of Insurance The Limits of Insurance subject to all of the terms of this policy are General Aggregate Limit Other than Products Completed Operations Bodily Injury By Disease and Automobile 5000000 Products Completed Operations Aggregate Limit 5000000 Bodily Injury By Disease Aggregate Limit 5000000 Each Occurrence Limit 5000000 8. Underlying Insurance Policies See attached Schedule 9. This policy consists of a This Declarations The Schedule of Underlying Insurance Policies X00050502 The Policy Provisions L00030605 The Policy Cover XL00070698 Any Endorsements shown below. Endorsements forming part of this policy when issued XL70001206 IH09850312 IH12040312 IH99400409 IH99410409 XL02430988 X1.04151088 XL21040786 XL21050786 XL21631100 XL21820393 XL23251210 X1L23300312 XL24601209 IH12011185 XL 21 63 11 00 EXCLUSION DESIGNATED OPERATIONS Countersigned by Where required by law Authorized Representative Date THE iy HARTFORD PREMIUM PER BASIS 0.21 RATE 5000000 5000000 5000000 5000000 Form XL 00 01 01 07 | 2 |
SCHEDULE OF UNDERLYING INSURANCE POLICIES POLICY NUMBER 37 xHU TX3359 This schedule forms a part of the policy designated herein. Named Insured and Mailing Address SHORTS TRAVEL MANAGEMENT SEE IH1204 1203 W RIDGEWAY AVE PASSPORT INCE WATERLOO IA 50701 BLACK HAWK COUNTY Insurer Policy Number and Period Type of Coverage Applicable Limits A CHARTIS CASUALTY CO Insurer Policy Number and Period A CHARTIS CASUALTY CO WC012437075 070113 TO 070114 Employers Liability Bodily Injury Limit 2000000 2000000 2000000 Each accident by accident Policy limit by disease Each employee by disease B TWIN CITY FIRE INSURANCE COMPANY 37 UUN TX4133 090113 TO 090114 Commercia Commercial Auto Liability written to include all owned non owned and hired autos except as listed below Single Liability Limit 1000000 Split Liability Limits Each accident Bodily injury each person Bodily injury each accident Property damage each accident C TWIN CITY FIRE INSURANCE COMPANY 37 UUN TX4133 090113 TO 090114 Commercia Commercial General Liability 1000000 written to include all coverages of CG0001 or HG0001 except as 1000000 listed below 2000000 Each occurrence limit Personal and advertising injury limit General aggregate limit other than products completed operations Products completed operations aggregate limit 2000000 Form XL 00 05 05 02 PAGE 1 CONTINUED ON NEXT PAGE | 2 |
SCHEDULE OF UNDERLYING INSURANCE POLICIES Continued POLICY NUMBER 37 XHU TX3359 Insurer Policy Number and Period Type of Coverage D Other Specify TWIN CITY FIRE INSURANCE COMPANY 37 UUN TX4133 090113 TO 090114 Applicable Limits 1000000 EACH CLAIM LIMIT 2000000 AGGREGATE LIMIT EMPLOYEE BENEFITS LIABILITY Note Maintenance of Underlying Insurance Condition Except that in any jurisdiction where the amount of Employers Liability Coverage afforded by the underlying insurer is by law unlimited the limit stated does not apply and the policy of which this schedule forms a part shall afford no insurance with respect to Employers Liability in such jurisdiction. PAGE 2 Form XL 00 05 05 02 | 2 |
UMBRELLA LIABILITY POLICY PROVISIONS In this policy the words you and your refer to the Named Insured first shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. We us and our refer to the stock insurance company member of The Hartford Financial Services Group Inc. shown in the Declarations. Other words and phrases that appear in quotation marks also have special meaning. Refer to DEFINITIONS Section VII. IN RETURN FOR THE PAYMENT OF THE PREMIUM in reliance upon the statements in the Declarations made a part hereof and subject to all of the terms of this policy we agree with you as follows SECTION COVERAGES INSURING AGREEMENTS A. Umbrella Liability Insurance 1. We will pay those sums that the insured becomes legally obligated to pay as damages in excess of the underlying insurance or of the self insured retention when no underlying insurance applies because of bodily injury property damage or personal and advertising injury to which this insurance applies caused by an occurrence. But the amount we will pay as damages is limited as described in Section IV LIMITS OF INSURANCE. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Section I INVESTIGATION DEFENSE SETTLEMENT. 2. This insurance applies to bodily injury property damage or personal and advertising injury only if a. The bodily injury property damage or personal and advertising injury occurs during the policy period and b. Prior to the policy period no insured listed under Paragraph A. of Section lll Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. 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. 3. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under paragraph A. of Section Ill Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim a. Reports all or any part of the bodily injury or property damage to us or any other insurer b. Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or c. Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. B. Exclusions This policy does not apply to 1. Pollution Any obligation a. To pay for the cost of investigation defense or settlement of any claim or suit against any insured alleging actual or threatened injury or damage of any nature or kind to persons or property which arises out of or would not have occurred but for the pollution hazard or b. To pay any damages judgments settlements loss costs or expenses that may be awarded or incurred i. By reason of any such claim or suit or any such injury or damage or ii. In complying with any action authorized by law and relating to such injury or damage. Form XL 00 03 06 05 Page 1 of 14 2005 The Hartford | 0 |
UMBRELLA LIABILITY POLICY POLICY PROVISIONS As used in this exclusion pollution hazard means an actual exposure or threat of exposure to the corrosive toxic or other harmful properties of any solid liquid gaseous or thermal a. Pollutants b. Contaminants c. lrritants or d. Toxic substances Including Smoke Vapors Soot Fumes Acids Alkalis Chemicals and Waste materials consisting of or containing any of the foregoing. Waste includes materials to be recycled reconditioned or reclaimed. EXCEPTION This exclusion does not apply a. To bodily injury to any of your employees arising out of and in the course of their employment by you or To injury or damage as to which valid and collectible underlying insurance with at least the minimum limits shown in the Schedule of Underlying Insurance Policies is in force and applicable to the occurrence. In such event any coverage afforded by this policy for the occurrence will be subject to the pollution exclusions of the underlying insurance and to the conditions limits and other provisions of this policy. In the event that underlying insurance is not maintained with limits of liability as set forth in the Schedule of Underlying Insurance Policies coverage under any of the provisions of this exception does not apply. Exception b. does not apply to Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants 1 That are or that are contained in any property that is a Being transported or towed by handled or handled for movement into onto or from any auto b Otherwise in the course of transit by or on behalf of the insured or c Being stored disposed of treated or processed in or upon any auto 2 Before the pollutants or any property in which the pollutants are contained are moved from the place where they are accepted by the insured for movement into or onto any auto or 3 After the pollutants or any property in which the pollutants are contained are moved from any auto to the place where they are finally delivered disposed of or abandoned by the insured. Paragraph 1 above does not apply to fuels lubricants fluids exhaust gases or other similar pollutants that are needed for or result from the normal electrical hydraulic or mechanical functioning of an auto covered by the underlying insurance or its parts if a. The pollutants escape seep migrate or are discharged or released directly from an auto part designed by its manufacturer to hold store receive or dispose of such pollutants and b. The bodily injury property damage or covered pollution cost or expense does not arise out of the operation of any following equipment i. Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting or well servicing equipment and ii. Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers. Page 2 of 14 Form XL 00 03 06 05 | 1 |
UMBRELLA LIABILITY POLICY POLICY PROVISIONS This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by an insured if the occurrence 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. This exclusion does not apply to aircraft that is a. Hired chartered or loaned with a paid crew but b. Not owned by any insured. This exclusion does not apply to bodily injury to any of your employees arising out of and in the course of their employment by you. Watercraft Bodily injury or property damage arising out of the ownership operation maintenance use entrustment to others loading or unloading of any watercraft. This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by an insured if the occurrence 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 a. Watercraft you do not own that is 1 Lessthan 51 feet long and 2 Not being used to carry persons or property for a charge b. Bodily injury to any of your employees arising out of and in the course of their employment by you or c. Any watercraft while ashore on premises owned by rented to or controlled by you. War Any injury or damage however caused arising directly or indirectly out of a. War including undeclared or civil war or Paragraphs 2 and 3 above do not apply to accidents that occur away from premises owned by or rented to an insured with respect to pollutants not in or upon an auto covered by the underlying insurance if a. The pollutants or any property in which the pollutants are contained are upset overturned or damaged as a result of the maintenance or use of the auto and b. The discharge dispersal seepage migration release or escape of the pollutants is caused directly by such upset overturn or damage. Workers Compensation and Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. Contractual Liability Liability assumed by the insured under any contract or agreement with respect to an occurrence taking place before the contract or agreement is executed. Personal And Advertising Injury This policy does not apply to personal and advertising injury. EXCEPTION This exclusion does not apply if underlying insurance is applicable to personal and advertising injury and to claims arising out of that personal and advertising injury. Underlying Insurance Any injury or damage a. Covered by underlying insurance but for any defense which any underlying insurer may assert because of the insured s failure to comply with any condition of its policy or b. For which damages would have been payable by underlying insurance but for the actual or alleged insolvency or financial impairment of an underlying insurer. Aircraft Bodily injury or property damage arising out of the ownership operation maintenance use entrustment to others loading or unloading of any aircraft a. Owned by any insured or b. Chartered or loaned to any insured. Form XL 00 03 06 05 Page 3 of 14 | 1 |
UMBRELLA LIABILITY POLICY POLICY PROVISIONS 14 15. 16. 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. Expected or Intended 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. Employer Liability Coverage afforded any of your employees for bodily injury or personal and advertising injury a. To other employees arising out of and in the course of their employment b. To the spouse child parent brother or sister of that employee as a consequence of such bodily injury to that employee. c. To you or any of your partners or members if you are a partnership joint venture or your members if you are a limited liability company or d. Avrising out of the providing or failing to provide professional health care services. Subparagraphs a. and b. of this exclusion apply 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. EXCEPTION Subparagraphs a. and b. of this exclusion do not apply if underlying insurance is maintained providing coverage for such liability with minimum underlying limits as described in the Schedule of Underlying Insurance Policies. Property Damage to Employee s Property Coverage afforded any of your employees for property damage to property owned or occupied by or rented or loaned to 10. 11. 12. 13. b. Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or c. Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Damage to Property Property damage to property you own. Damage to Your Product Property damage to your product arising out of it or any part of it. Damage to Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. Damage to Impaired Property or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of a. A defect deficiency inadequacy or dangerous condition in your product or your work or b. A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to 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. Recall of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of a. Your product b. Your work or c. Impaired Property Page 4 of 14 Form XL 00 03 06 05 | 1 |
UMBRELLA LIABILITY POLICY POLICY PROVISIONS 17. d. That employee Any of your other employees Any of your partners or members if you are a partnership or joint venture or Any of your members if you are a limited liability company. Uninsured or Underinsured Motorists Any claim for a. Uninsured or Underinsured Motorists Coverage Personal injury protection c. Property protection or d. Any similar no fault coverage by whatever name called Unless this policy is endorsed to provide such coverage. 18. Employment Practices Liability a. Any injury or damage to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as but not limited to 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 any injury or damage to that person at whom any of the employment related practices described in paragraphs a b or c above is directed. This exclusion applies i. Whether the insured may be liable as an employer or in any other capacity and ii. To any obligaton to share damages with or repay someone else who must pay damages because of the injury. 19. Employee Retirement Income Security 20. 21 Act Any liability arising out of intentional or unintentional violation of any provision of the Employee Retirement Income Security Act of 1974 Public Law 93 406 commonly referred to as the Revision Act of 1974 or any amendments to them. Asbestos Any injury damages loss cost or expense including but not limited to bodily injury property damage or personal and advertising injury arising out of or relating to in whole or in part the asbestos hazard that a. May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the asbestos hazard or Arise out of any request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove encapsulate contain treat detoxify or neutralize or in any way respond to or assess the effects of any asbestos hazard or c. Arise out of any claim or suit for damages because of testing for monitoring cleaning up removing encapsulating containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of an asbestos hazard. Racing And Stunting Activities s Bodily injury or property damage arising out of the ownership operation maintenance use entrustment to others loading or unloading of auto or mobile equipment while being used in any a. Prearranged or organized racing speed or demolition contest Stunting activity or Preparation for any such contest or activity. Form XL 00 03 06 05 Page 5 of 14 | 1 |
UMBRELLA LIABILITY POLICY POLICY PROVISIONS 22. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 23. Limited Underlying Coverage Any injury damage loss cost or expense including but not limited to bodily injury property damage or personal and advertising injury for which a. an underlying insurance policy or policies specifically provides coverage but b. because of a provision within the underlying insurance such coverage is provided at a limit or limits of insurance that are less than the limits for the underlying insurance policy or policies shown on the Schedule of Underlying Insurance Policies. SECTION Il INVESTIGATION DEFENSE SETTLEMENT A. With respect to bodily injury property damage or personal and advertising injury to which this insurance applies whether or not the self insured retention applies and 1. For which no coverage is provided under any underlying insurance or 2. For which the underlying limits of any underlying insurance policy have been exhausted solely by payments of damages because of occurrences during the policy period 1. Will have the right and the duty to defend any suit against the insured seeking damages on account thereof even if such suit is groundless false or fraudulent but our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under coverages afforded by this policy 2. May make such investigation and settlement of any claim or suit as we deem expedient 3. Will pay all expenses incurred by us all costs taxed against the insured in any suit defended by us and all interest on the entire amount of any judgment therein which accrues after the entry of the judgment and before we have paid or tendered or deposited in court that part of the judgment which does not exceed the applicable limit of insurance 4. Wil pay all premiums on appeal bonds required in any such suit premiums on bonds to release attachments in any such suit for an amount not in excess of the applicable limit of insurance and the cost of bail bonds required of the insured because of an accident or traffic law violation arising out of the operation of any vehicle to which this policy applies but we will have no obligation to apply for or furnish any such bonds 5. Will pay all reasonable expenses incurred by the insured at our request in assisting us in the investigation or defense of any claim or suit including actual loss of earnings not to exceed 500 per day per insured and the amounts so incurred except settlement of claims and suits are not subject to the self insured retention and are payable in addition to any applicable limit of insurance. The Insured agrees to reimburse us promptly for amounts paid in settlement of claims or suits to the extent that such amounts are within the self insured retention. You agree to arrange for the investigation defense or settlement of any claim or suit in any country where we may be prevented by law from carrying out this agreement. We will pay defense expenses incurred with our written consent in connection with any such claim or suit in addition to any applicable limit of insurance. We will also promptly reimburse you for our proper share but subject to the applicable limit of insurance of any settlement above the self insured retention made with our written consent. We will have the right to associate at our expense with the insured or any underlying insurer in the investigation defense or settlement of any claim or suit which in our opinion may require payment hereunder. In no event however will we contribute to the cost and expenses incurred by any underlying insurer. Page 6 of 14 Form XL 00 03 06 05 | 1 |
UMBRELLA LIABILITY POLICY POLICY PROVISIONS 2. Any person or organization with whom you agreed because of a written contract written agreement or because of a permit issued by a state or political subdivision to provide insurance such as is afforded under this policy but only with respect to your operations your work or facilities owned or used by you. This provision does not apply a. Unless the written contract or written agreement has been executed or the permit has been issued prior to the bodily injury property damage or personal and advertising injury and b. Unless limits of liability specified in such written contract written agreement or permit is greater than the limits shown for underlying insurance or c. Beyond the period of time required by the written contract or written agreement. 3. Any person or organization having proper temporary custody of your property if you die but only a. With respect to liability arising out of the maintenance or use of that property and b. Until your legal representative has been appointed. 4. Your legal representative if you die but only with respect to his or her duties as such. That representative will have all your rights and duties under this policy. With respect to auto any insured in the underlying insurance is an insured under this insurance policy subject to all the limitations of such underlying insurance. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain financial interest of more than 50 of the voting stock will qualify as an insured if there is no other similar insurance available to that organization. However 1. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period whichever is earlier 2. This insurance does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and SECTION lll WHO IS AN INSURED If you are doing business as A. 1. 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 insure 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. Each of the following is also an insured 1. Your volunteer workers only while performing duties related to the conduct of your business or your employees other than 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 a. Within the scope of their employment by you or while performing duties related to the conduct of your business and b. Only if such volunteer workers or employees are insureds under underlying insurance with limits of liability no less than stated in the Schedule of Underlying Insurance Policies subject to all the coverage terms conditions and limitations of such underlying insurance. Form XL 00 03 06 05 Page 7 of 14 | 1 |
UMBRELLA LIABILITY POLICY POLICY PROVISIONS 3. This insurance does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. E. Each person or organization not included as an insured in Paragraphs A. B. C. or D. who is an insured in the underlying insurance is an insured under this insurance subject to all the terms conditions and limitations of such underlying insurance. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. With respect to any person or organization who is not an insured under underlying insurance coverage under this policy shall apply only to loss in excess of the amount of the underlying insurance or self insured retention applicable to you. However coverage afforded by reason of the provisions set forth above applies only to the extent i Of the scope of coverage provided by the underlying insurance but in no event shall coverage be broader than the scope of coverage provided by this policy and any endorsements attached hereto and ii That such coverage provided by the underlying insurance is maintained having limits as set forth in the Schedule of Underlying Insurance Policies. SECTION IV LIMITS OF INSURANCE A. 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 or suits brought 3. Persons or organizations making claims or bringing suits or 4. Coverages under which damages are covered under this policy. B. The Limit of Insurance stated as the General Aggregate Limit is the most we will pay for the sum of damages other than damages 1. Because of injury or damage included within the products completed operations hazard 2. Because of bodily injury by disease to your employees arising out of and in the course of their employment by you and 3. Because of bodily injury and property damage arising out of the ownership operations maintenance use entrustment to others loading or unloading of any auto. C. The Limit of Insurance stated as the Products Completed Operations Aggregate Limit is the most we will pay for damages because of injury or damage included within the products completed operations hazard. D. The Limit of Insurance stated as the Bodily Injury By Disease Aggregate Limit is the most we will pay for damages because of bodily injury by disease to your employees arising out of and in the course of their employment by you. E. Subject to B. C. or D above whichever applies the Each Occurrence Limit is the most we will pay for damages because of all bodily injury property damage and personal and advertising injury arising out of any one occurrence. F. Our obligations under this insurance end when the applicable Limit of Insurance available is used up. If we pay any amounts for damages in excess of that Limit of Insurance you agree to reimburse us for such amounts. G. The Limits of Insurance of this policy apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations. However if the policy period is extended after issuance for an additional period of less than 12 months the additional period will be deemed part of the last preceding period for the purpose of determining the Limits of Insurance. SECTION V NUCLEAR ENERGY LIABILITY EXCLUSION Broad Form A. The insurance does not apply 1. To 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 Page 8 of 14 Form XL 00 03 06 05 | 1 |
UMBRELLA LIABILITY POLICY POLICY PROVISIONS Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility. 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 3Any 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. SECTION VI CONDITIONS A. Premium All premiums for this policy shall be computed in accordance with Item 5 of the Declarations. The premium stated as such in the Declarations is a deposit premium only which shall be credited to the amount of any earned premium. At the close of each policy period the earned premium shall be computed for such period and upon notice thereof to the Named Insured first shown in the Declarations shall become due and payable by such Named Insured. b. Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the insured is or had this policy not been issued would be 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. To bodily injury or property damage resulting from the hazardous properties of nuclear material if a. 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 dispersed therefrom b. The nuclear material is contained in spent fuel or waste at any time possessed handled used processed stored transported or disposed of by or on behalf of an insured or c. 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. As used in this exclusion Hazardous properties include 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 Form XL 00 03 06 05 Page 9 of 14 | 1 |
UMBRELLA LIABILITY POLICY POLICY PROVISIONS If the total earned premium for the policy period is less than the premium previously paid and more than the minimum premium we shall return to such Named Insured the unearned portion paid by such Named Insured. The Named insured first shown in the Declarations shall maintain records of such information as is necessary for premium computation and shall send copies of such records to us at the end of the policy period and at such times during the policy period as we may direct. B. Inspection and Audit We shall be permitted but not obligated to inspect your property and operations at any time. Neither our right to make inspections nor the making thereof nor any report thereon shall constitute an undertaking on your behalf or for your benefit or that of others to determine or warrant that such property or operations are 1. Safe 2. Healthful or 3. In compliance with any law rule or regulation. We may examine and audit your books and records at any time during the policy period and extensions thereof and within three years after the final termination of this policy insofar as they relate to the subject matter of this policy. C. Duties In The Event Of Occurrence Claim or Suit 1. You must see to it that we are notified as soon as practicable of an occurrence which may result in a claim under this policy. This requirement applies only when such occurrence is known to any of the following a. You or any additional insured that is an individual b. Any partner if you or an additional insured are a partnership c. Any manager if you or an additional insured are a limited liability company d. Any executive officer or insurance manager if you or an additional insured are a corporation e. Any trustee if you or an additional insured is a trust or f. Any elected or appointed official if you or an additional insured is a political subdivision or public entity. This duty applies separately to you and any additional insured. To the extent possible notice should include b. c. How when and where the occurrence took place The names and addresses of any injured persons and witnesses and The nature and location of any injury or damage arising out of the occurrence or offense. If a claim is made or suit is brought against any insured you must b. Immediately record the specifics of the claim or suit and the date received and Notify us in writing as soon as practicable if the claim is likely to exceed the amount of the self insured retention or underlying insurance whichever applies. You and any other involved insured must Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit involving or likely to involve a sum in excess of any self insured retention or underlying insurance whichever applies Authorize us to obtain records and other information Cooperate with us in the investigation or settlement of the claim or defense against the suit and 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 policy or any underlying insurance or self insured retention may apply. No insured will except at that insured s own cost make or agree to any settlement for a sum in excess of The total limits of underlying insurance or Page 10 of 14 Form XL 00 03 06 05 | 1 |
UMBRELLA LIABILITY POLICY POLICY PROVISIONS D. F. b The self insured retention if no underlying insurance applies without our consent. 5. No insureds will except at that insured s own cost make a payment assume any obligation or incur any expenses other than first aid without our consent. Assistance and Cooperation of the Insured The insured shall 1. Cooperate with us and comply with all the terms and conditions of this policy and 2. Cooperate with any of the underlying insurers as required by the terms of the underlying insurance and comply with all the terms and conditions thereof. The insured shall enforce any right of contribution or indemnity against any person or organization who may be liable to the insured because of bodily injury property damage or personal and advertising injury with respect to this policy or any underlying insurance. Legal Action Against Us No person or organization has a right under this policy a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this policy unless all of its terms and those of the underlying insurance have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this policy or that are in excess of the limit of liability. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. Appeals In the event the insured or the insured s underlying insurer elects not to appeal a judgment in excess of the underlying insurance or the self insured retention we may elect to make such appeal at our cost and expense. If we so elect we shall be liable in addition to the applicable Limit of Insurance for the H. 1. Taxable costs 2. Disbursements and 3. Additional interest incidental to such appeal But in no event will we be liable for damages in excess of the applicable aggregate Limit of Insurance. If a judgment is rendered in excess of the limits of underlying insurance and we offer to pay our full share of such judgment but you or your underlying insurers elect to appeal it you your underlying insurers or both will bear a. The cost and duty of obtaining any appeal bond b. The taxable costs disbursements and additional interest incidental to such appeal and c. Any increase in damages over the amount the matter could have been settled for after the verdict was entered and before the appeal was filed. Other insurance This policy shall apply in excess of all underlying insurance whether or not valid and collectible. It shall also apply in excess of other valid and collectible insurance except other insurance purchased specifically to apply in excess of this insurance which also applies to any loss for which insurance is provided by this policy. These excess provisions apply whether such other insurance is stated to be 1. Primary 2. Contributing 3. Excess or 4. Contingent. Transfer Of Rights Of Recovery Against Others To Us a. If the insured has rights to recover all or a part of any payment we have made under this policy those rights are transferred to us. The insured must do nothing after a loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. Form XL 00 03 06 05 Page 11 of 14 | 1 |
UMBRELLA LIABILITY POLICY POLICY PROVISIONS The Named Insured first shown in the Declarations shall give us written notice as soon as practicable of any of the following 1. Any change in the coverage or in the limits of any underlying insurance including but not limited to a change from occurrence coverage to claims made coverage 2. Termination of part or all of one or more of the policies of underlying insurance 3. Reduction or exhaustion of an aggregate limit of liability of any underlying insurance. The self insured retention shall not apply should the underlying insurance be exhausted by the payment of claims or suits which are also covered by this policy. Cancellation 1. The Named Insured first shown in the Declarations may cancel this policy by mailing or delivering to us or to any of our authorized agents advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the Named Insured first shown in the Declarations at the address shown in this policy written notice of cancellation at least a. 10 days before the effective date of cancellation if such Named Insured fails to pay the premium or any installment when due or b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. If notice is mailed proof of mailing will be sufficient proof of notice. Notice will state the effective date of cancellation. The policy period will end on that date. Delivery of such notice by the Named Insured first shown in the Declarations or by us will be equivalent to mailing. 4. If the Named Insured first shown in the Declarations cancels the refund may be less than pro rata but we wil retain any minimum premium stated as such in the Declarations. If we cancel the refund will be pro rata. The cancellation will be effective even if we have not made or offered a refund. b. Recoveries shall be applied to reimburse 1 First any interest including the Named Insured that paid any amount in excess of our limit of liability 2 Second us along with any other insurers having a quota share interest at the same level 3 Third such interests including the Named Insured of whom this insurance is excess. However a different apportionment may be made to effect settlement of a claim by agreement signed by all interests. c. Reasonable expenses incurred in the exercise of rights of recovery shall be apportioned among all interests in the ratio of their respective losses for which recovery is sought. Changes This policy contains all the agreements between you and us concerning the insurance afforded. Notice to any agent or knowledge possessed by any agent or any other person shall not effect a waiver or a change in any part of this policy or stop us from asserting any rights under the terms of this policy. The Named Insured first shown in the Declarations is authorized on behalf of all insureds to agree with us on changes in the terms of this policy. If the terms are changed the changes will be shown in an endorsement issued by us and made a part of this policy. Separation Of Insureds Except with respect to the Limits of Liability and any rights or duties specifically assigned in this policy to the Named Insured first shown in the declarations this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. Maintenance of Underlying Insurance Policies affording in total the coverage and limits stated in the Schedule of Underlying Insurance Policies shall be maintained in full effect during the currency of this policy. Your failure to comply with the foregoing shall not invalidate this policy but in the event of such failure we shall be liable only to the extent that we would have been liable had you complied herewith. Page 12 of 14 Form XL 00 03 06 05 | 1 |
UMBRELLA LIABILITY POLICY POLICY PROVISIONS N. Non Renewal 1. If we decide not to renew we will mail or deliver to the Named Insured first shown in the Declarations at the address shown in this policy written notice of non renewal at least 30 days before the end of the policy period. 2. If notice is mailed proof of mailing will be sufficient proof of notice. 3. If we offer to renew but such Named Insured does not accept this policy will not be renewed at the end of the current policy period. Workers Compensation Agreement With respect to bodily injury to any officer or other employee arising out of and in the course of employment by you you represent and agree that you have not abrogated and will not abrogate your common law defenses under any Workers Compensation Law by rejection of such law or otherwise. If at any time during the policy period you abrogate such defenses the insurance for bodily injury to such officer or other employee automatically terminates at the same time. Bankruptcy or Insolvency In the event of the bankruptcy or insolvency of the insured or any entity comprising the insured we shall not be relieved of any of our obligations under this policy. Representations By accepting this policy you agree a. The statements in the Declarations are accurate and complete b. The statements in the Schedule Of Underlying Insurance Policies are accurate and complete c. The statements in a. and b. are based upon representations you made to us d. We have issued this policy in reliance upon your representations and e. If unintentionally you should fail to disclose all hazards at the inception of this policy we shall not deny coverage under this policy because of such failure. SECTION VII DEFINITIONS Except as otherwise provided in this section or amended by endorsement the words or phrases that appear in quotation marks within this policy shall follow the defi ns of the applicable underlying insurance policy. Accident includes continuous or repeated exposure to the same conditions resulting in bodily injury or property damage. Asbestos hazard means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form. 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. Covered pollution cost or expense means any cost or expense arising out of 1. Any request demand order or statutory or regulatory requirement or 2. Any claim or suit by or on behalf of a governmental authority demanding that the insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. Covered pollution cost or expense does not include any cost or expense arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants 1 That are or that are contained in any property that is a. Being transported or towed by handled or handled for movement into onto or from any auto b. Otherwise in the course of transit by or on behalf of the insured or c. Being stored disposed of treated or processed in or upon any auto or 2 Before the pollutants or any property in which the pollutants are contained are moved from the place where they are accepted by the insured for movement into or onto any auto or 3 After the pollutants or any property in which the pollutants are contained are moved from any auto to the place where they are finally delivered disposed of or abandoned by the insured. Form XL 00 03 06 05 Page 13 of 14 | 1 |
UMBRELLA LIABILITY POLICY POLICY PROVISIONS Paragraph a. above does not apply to fuels lubricants fluids exhaust gases or other similar pollutants that are needed for or result from the normal electrical hydraulic or mechanical functioning of an auto covered by the underlying insurance or its parts if 1 The pollutants escape seep migrate or are discharged or released directly from an auto part designed by its manufacturer to hold store receive or dispose of such pollutants and 2 The bodily injury property damage or covered pollution cost or expense does not arise out of the operation of any equipment listed in paragraphs 6.b and 6.c. of the definition of mobile equipment. Paragraphs b. and c. above do not apply to accidents that occur away from premises owned by or rented to an insured with respect to pollutants not in or upon an auto covered by the underlying insurance if 1 The pollutants or any property in which the pollutants are contained are upset overturned or damaged as a result of the maintenance or use of the auto and 2 The discharge dispersal seepage migration release or escape of the pollutants is caused directly by such upset overturn or damage. Damages include prejudgment interest awarded against the insured on that part of the judgment we pay. Damages do not include 1. Fines 2. Penalties or 3. Damages for which insurance is prohibited by the law applicable to the construction of this policy. Subject to the foregoing damages include damages for any of the following which result at any time from bodily injury to which this policy applies Death Mental anguish Shock Disability or Care and loss of services or consortium. Insured means any person or organization qualifying as an insured in the applicable WHO IS AN INSURED provision of this policy. The insurance afforded applies separately to each insured against whom claim is made or suit is brought except with respect to the limit of our liability under LIMITS OF INSURANCE SECTION 1V. L I Occurrence means 1. With respect to bodily injury or property damage an accident including continuous or repeated exposure to substantially the same general harmful conditions and 2. With respect to personal and advertising injury an offense described in one of the numbered subdivisions of that definition in the underlying insurance. Policy period means the period beginning with the inception date stated as such in the Declarations and ending with the earlier of 1. The date of cancellation of this policy or 2. The expiration date stated as such in the Declarations. Self insured retention means the amount stated as such in the Declarations which is retained and payable by the insured with respect to each occurrence. Underlying insurance means the insurance policies listed in the Schedule of Underlying Insurance Policies including any renewals or replacements thereof which provide the underlying coverages and limits stated in the Schedule of Underlying Insurance Policies. The limit of underlying insurance includes 1. Any deductible amount 2. Any participation of any insured and 3. Any self insured retention above or beneath any such policy Less the amount if any by which the aggregate limit of such insurance has been reduced by any payment relating to any act error omission injury damage or offense for which insurance is provided by this policy including Medical Payments Coverage as described in the underlying insurance. The coverages and limits of such policies and any such deductible amount participation or self insured retention shall be deemed to be applicable regardless of 1. Any defense which any underlying insurer may assert because of the insured s failure to comply with any condition of its policy or 2. The actual or alleged insolvency or financial impairment of any underlying insurer or any insured. The risk of insolvency or financial impairment of any underlying insurer or any insured is borne by you and not by us. Page 14 of 14 Form XL 00 03 06 05 | 1 |
POLICY NUMBER 37 XHU TX3359 THIS ENDORSEMENT IS ATTACHED TO AND MADE PART OF YOUR POLICY IN RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE ACT. DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT TERRORISM PREMIUM CERTIFIED ACTS Coverage Premium if Covered UMBRELLA S 30.00 nan nan nan nan 30.0 TOTAL A. Disclosure Of Premium In accordance with the federal Terrorism Risk Insurance Act as amended TRIA we are required to provide you with a notice disclosing the portion of your premium if any attributable to coverage for certified acts of terrorism under TRIA. The portion of your premium attributable to such coverage is shown above in this endorsement. B. The following definition is added with respect to the provisions of this endorsement A certified act of terrorism means an act that is certified by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism TRIA. The criteria contained in TRIA for a certified act of terrorism include the following 1. The act results in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to TRIA and 2. The act results in damage within the United States or outside the United States in the case of certain air carriers or vessels or the premises of an United States mission and 3. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. C. Disclosure Of Federal Share Of Terrorism Losses The United States Department of the Treasury will reimburse insurers for 85 of that portion of such insured losses that exceeds the applicable insurer deductible. However if aggregate insured losses attributable to certified acts of terrorism under TRIA 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. The United States Government has not charged any premium for their participation in covering terrorism losses. D. Cap On Insurer Liability for Terrorism Losses If aggregate insured losses attributable to certified acts of terrorism under TRIA exceed 100 billion in a Program Year January 1 through December 31 and we have met or will meet our insurer deductible under TRIA we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion. In such case your coverage for terrorism losses may be reduced on a pro rata basis in accordance with procedures established by the Treasury based on its estimates of aggregate industry losses and our estimate that we will exceed our insurer deductible. In accordance with Treasury procedures amounts paid for losses may be subject to further adjustments based on differences between actual losses and estimates. E. All other terms and conditions remain the same. Form IH 09 85 03 12 2012 The Hartford Page 1of 1 Includes copyrighted material of the Insurance Service Office Inc. with its permission | 2 |
POLICY NUMBER 37 XHU TX3359 EE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF THE DECLARATIONS ADDITIONAL PERSONS OR ORGANIZATIONS DESIGNATED AS NAMED INSUREDS POLICY NUMBER 37 XHU TX3359 The following persons or organizations are added to the Declarations as Named Insureds SHORT S TRAVEL MANAGEMENT INC SHORT S TRAVEL MANAGEMENT INC PASSPORT INCENTIVES MEETINGS SHORT S TRAVEL MANAGEMENT INC. SHORT S TRAVEL MANAGEMENT INC GROOPLE INC STO INC. DBA EXECUTIVE TRAVEL DBA BLACKHAWK WORLD TRAVEL 401 K FormIH 120403 12 SEQ.NO. 04 2012 The Hartford | 2 |
THE iy HARTFORD U.S. DEPARTMENT OF THE TREASURY 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 the United States. Please read this Notice carefully. The Office of Foreign Assets Control OFAC of the U.S. Department of the Treasury administers and enforces economic and trade sanctions based on U.S. foreign policy and national security goals against targeted foreign countries and regimes terrorists international narcotics traffickers those engaged in activities related to the proliferation of weapons of mass destruction and other threats to the national security foreign policy or economy of the United States. OFAC acts under Presidential national emergency powers as well as authority granted by specific legislation to impose controls on transactions and freeze assets under U.S. jurisdiction. OFAC publishes a list of individuals and companies owned or controlled by or acting for or on behalf of targeted countries. It also lists individuals groups and entities such as terrorists and narcotics traffickers designated under programs that are not country specific. Collectively such individuals and companies are called Specially Designated Nationals and Blocked Persons or SDNs. Their assets are blocked and U.S. persons are generally prohibited from dealing with them. This list can be located on OFAC s web site at 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 an SDN as identified by OFAC the policy is a blocked contract and all dealings with it must involve 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. Form IH 99 40 04 09 Page 1 of 1 | 2 |
THE iy HARTFORD Named Insured SHORTS TRAVEL MANAGEMENT Policy Number 37 XHU TX3359 Effective Date 090113 Company Name 10CKTON COMPANIES LLC Expiration Date 90114 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TRADE OR ECONOMIC SANCTIONS ENDORSEMENT This insurance does not apply to the extent that trade or economic sanctions or other laws or regulations prohibit us from providing insurance including but not limited to the payment of claims. All other terms and conditions remain unchanged. Form IH 99 41 04 09 Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF CONDITIONS IOWA This endorsement modifies insurance provided under the UMBRELLA LIABILITY POLICY Itis agreed that 1. The CANCELLATION Condition is replaced by the following CANCELLATION a. The Named Insured first shown in the Declarations may cancel this policy by 1 Mailing or delivering to us advance written notice of cancellation or 2 Surrendering the policy to us or to any of our authorized agents. We may cancel this policy by mailing or delivering to the Named Insured first shown in the Declarations written notice of cancellation at least 1 10 days before the effective date of cancellation if we cancel for non payment of any premium when due 2 10 days before the effective date of cancellation if we cancel for any other reason and the policy has been in effect for less than 60 days and is not a renewal with us or 3 60 days before the effective date of cancellation if we cancel and the policy has been in effect for more than 60 days but only for one or more of the following reasons a Nonpayment of premium b Misrepresentation or fraud made by or with the knowledge of the insured in obtaining the policy or contract when renewing the policy or contract or in presenting a claim under the policy or contract. c Actions by the insured which substantially change or increase the risk insured d Determination by the Commissioner that the continuation of the policy will jeopardize the insurer s solvency or will constitute a violation of the law of this or any other state or e The insured has acted in a manner which the insured knew or should have known was in violation or breach of a policy or contract term or condition. c. We will mail or deliver our notice to the last mailing address known to us of the Named Insured first shown in the Declarations. We will also mail the notice to the agent of record. If notice is mailed proof of mailing will be sufficient proof of notice. d. Notice of cancellation by us will state the effective date of cancellation and the specific reasons for cancellation. The policy period will end on that date. e. If this policy is cancelled we will send the Named Insured first shown in the Declarations any premium refund due. If we cancel the refund will be pro rata. f. If the Named Insured cancels we shall compute the return premium at 90 of the pro rata unearned premium. We shall in any event be entitled to retain any minimum retained premium stated in the Declarations. g. Premium adjustment may be made either at the time cancellation is effected or as soon as practicable after cancellation becomes effective but payment or tender of unearned premium is not a condition of cancellation. The NON RENEWAL Condition is replaced by the following NON RENEWAL a. If we decide not to renew this policy we will mail or deliver written notice of non renewal to the Form XL 024309 88 Printed in U.S.A. Page 1 of 2 1992 The Hartford | 2 |
Named Insured first shown in the Declarations at least 45 days before the end of the policy period. If notice is mailed we will mail it to the last mailing address known to us of the Named Insured first shown in the Declarations. Proof of mailing will be sufficient proof of notice. If we offer to renew this policy and the Named Insured first shown in the Declarations does not accept our offer during the current policy period this policy will expire at the end of such policy period. 3. The following Condition is added to the policy PREMIUM INCREASE If we elect upon renewal of this policy to increase the premium by more than 25 we will mail or deliver prior written notice to the Named Insured first shown in the Declarations 45 days prior to the expiration date of this policy Page 2 of 2 Form XL 0243 09 88 Printed in U.S.A. 1992 The Hartford | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYEE BENEFITS LIABILITY ENDORSEMENT CLAIMS MADE This endorsement modifies insurance provided under the UMBRELLA LIABILITY POLICY SCHEDULE I Coverage Employee Benefits Liability Limits of Insurance 5000000 each claim limit 5000000 aggregate limit SCHEDULE Il Controlling Underlying Insurance Policy Insurer TWIN CITY FIRE INSURANCE COMPANY Policy Number 37 UUN TX4133 Policy Period 090113 TO 090114 Retroactive Date 090197 Limits of Insurance Coverage 1000000 each claim limit Employee Benefits Liability 2000000 aggregate limit This policy is extended to apply to Employee Benefits Liability subject to the following additional provisions 1. Except as otherwise provided by this endorsement the insurance afforded herein shall follow all the terms definitions and exclusions of the controlling underlying insurance policy designated in Schedule. 2. SECTION COVERAGE EB A. We will pay those sums that the insured must legally pay as damages 1. Because of employee benefits injury to which this endorsement applies and 2. That are in excess of the limits of insurance in the controlling underlying insurance policy. B. This insurance does not apply to employee benefits injury which occurred before the Retroactive Date if any shown in Schedule Il or which occurs after the policy period. 3. SECTION Iil LIMITS OF INSURANCE A. The Limits of Insurance shown in Schedule and the rules below fix the most we will pay regardless of the number of 1. Insureds 2. Claims made or suits brought or 3. Persons or organizations making claims or bringing suits. The Aggregate Limit is the most we will pay for all damages to which this endorsement applies. Subject to B. above the Each Claim Limit is the most we will pay for all damages with respect to any one claim. Form XL 04 1510 88 Printed in U.S.A. NS 1988 The Hartford Page 1 of 3 | 2 |
D. Our obligations under this endorsement end when the applicable Limit of Insurance is used up. If we pay for any damages in excess of that Limit of Insurance you agree to reimburse us for such amounts. The Limits of Insurance shown in Schedule 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 Schedule Il unless the endorsement 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 the purpose of determining the Limits of Insurance. 4. EXTENDED REPORTING PERIODS A. We will provide one or more Extended Re porting Periods as described below if 1. This endorsement is cancelled or not renewed or 2. We renew or replace this endorsement with insurance that i. Has a Retroactive Date later than the date shown in the Declaration of this endorsement or ii. Does not apply to employee benefits injury on a claims made basis. A Basic Extended Reporting Period is auto matically provided without additional charge. This period starts with the end of the policy period and lasts for 1. One year for claims arising out of an employee benefits injury reported to us not later than 60 days after the end of the policy period 2. Sixty days for all other claims. The Basic Extended Reporting Period does not apply to claims that are covered under any subsequent insurance you purchase or that would be covered but for exhaustion of the amount of insurance applicable to such claims. A Supplemental Extended Reporting Period of three years duration is available but only by an endorsement and for an extra charge. This supplemental period starts 1. One year after the end of the policy period for claims arising out of an occurrence reported to us not later than 60 days after the end of the policy period or 2. Sixty days after the end of the policy period for all other claims. You must give us a written request for the endorsement within 60 days after the end of the policy period. The Supplemental Extended Reporting Period will not go into effect unless you pay the additional premium promptly when due. We will determine the additional premium in accordance with our rules and rates. In doing s0 we may take into account the following 1. The exposures insured 2. Previous types and amounts of insurance 3. Limits of Insurance available under this endorsement for future payment of damages and 4. Other related factors. The additional premium will not exceed 200 of the annual premium for this endorsement. This endorsement shall set forth the terms not inconsistent with this Section applicable to the Supplemental Extended Reporting Period including a provision to the effect that the insurance afforded for claims first received during such period is excess over any other valid and collectible insurance available under policies in force after the Supplemental Extended Reporting Period starts. Extended Reporting Periods do not extend the policy period or change the scope of coverage provided. They apply only to claims for employee benefits injury that occur before the end of the policy period but not before the Retroactive Date if any shown in the Declarations. Claims for such injury which are first received and recorded during the Basic Extended Reporting Period or during the Supplemental Extended Reporting Period if it is in effect will be deemed to have been made on the last day of the policy period. Once in effect Extended Reporting Periods may not be cancelled. Extended Reporting Periods do not reinstate or increase the Limits of Insurance applicable to any claim to which this endorsement applies except to the extent described in paragraph F. of this Section. If the Supplemental Extended Reporting Period is in effect we will provide the separate aggregate limit of insurance described below but only for Page 2 of 3 Form XL 04 15 10 88 Printed in U.S.A. NS 1988 The Hartford | 2 |
claims first received and recorded during the Paragraph B. of SECTION Ill LIMITS OF Supplemental Extended Reporting Period. INSURANCE will be amended accordingly. The separate aggregate limit of insurance will 5. ADDITIONAL DEFINITIONS be equal to the dollar amount shown in.. o. Schedule in effect at the end of the policy Controlling Pdeyg Insurance phcy means period of this endorsement. Fhe policy of undefylng insurance devslgnated in Schedule Il providing coverage and limits for Employee Benefits Liability. Form XL 04 1510 88 Printed in U.S.A. NS 1988 The Hartford Page 3 of 3 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION CARE CUSTODY OR CONTROL OF PERSONAL PROPERTY This endorsement modifies insurance provided under the UMBRELLA LIABILITY POLICY This policy does not apply to property damage to personal property 1. Rented to 2. Used by or 3. In the care custody or control Of any insured or as to which any insured is for any purpose exercising physical control. Form XL 21 0407 86 Printed in U.S.A. 1986 The Hartford | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION CARE CUSTODY OR CONTROL OF REAL PROPERTY This endorsement modifies insurance provided under the UMBRELLA LIABILITY POLICY This policy does not apply to property damage to real property 1. Owned by 2. Occupied by 3. Rented to or 4. In the care custody or control Of any insured or as to which any insured is for any purpose exercising physical control. Form XL 21 0507 86 Printed in U.S.A. 1986 The Hartford | 2 |
Policy Number 37 XHU TX3359 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION DESIGNATED OPERATIONS This endorsement modifies insurance provided under the UMBRELLA LIABILITY POLICY SCHEDULE Description of Operations SEE IH1201 Location If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement. This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of operations described and at locations shown in the Schedule. Form XL 21 63 11 00 2000 The Hartford | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ABSOLUTE LEAD EXCLUSION This endorsement modifies insurance provided under the UMBRELLA LIABILITY POLICY This policy does not apply to any damages judgments settlements loss costs or expenses that a. May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind to persons or property which arises out of or would not have occurred in whole or in part but for the lead hazard or Arise out of any request demand or order to 1. Identify abate test for sample monitor clean up remove cover contain treat detoxify decontaminate neutralize or mitigate or in any way respond to or assess the effects of the lead hazard or As aresult of such effects repair replace or improve any property. c. Arise out of any claim or any suit for damages because of 1. Identification of abatement of testing for sampling monitoring cleaning up removing covering containing treating detoxifying decontaminating neutralizing or mitigating or in any way responding to or assessing the effects of the lead hazard or 2. As a result of such effects repairing replacing or improving any property. As used in this exclusion lead hazard means an exposure or threat of exposure to the actual or alleged properties of lead and includes the mere presence or suspected presence of lead in any form or combination. Form XL 21 82 03 93 Printed in U.S.A. 1993 The Hartford | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RECORDING AND DISTRIBUTION OF MATERIAL OR INFORMATION IN VIOLATION OF LAW EXCLUSION This endorsement modifies insurance provided under the following UMBRELLA LIABILITY POLICY The following exclusion is added to Paragraph B. Exclusions of Section Coverages For Virginia policyholders with Umbrella Liability Policy Provisions form XL 00 15 this exclusion replaces the Distribution of Material In Violation Of Statutes exclusion under Paragraph B. of Section Coverages This policy does not apply to Recording And Distribution Of Material Or Information In Violation Of Law Any injury damage loss cost or expense including but not limited to bodily injury property damage or personal and advertising injury arising directly or indirectly out of any action or omission that violates or is alleged to violate a. The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law b. The CAN SPAM Act of 2003 including any amendment of or addition to such law c. The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transaction Act FACTA or d. Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. Form XL 2325 1210 Page 1 of 1 2010 The Hartford Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
gj THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the UMBRELLA LIABILITY POLICY A. A certified act of terrorism means an act that is certified by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism under the federal Terrorism Risk Insurance Act as amended TRIA. The criteria contained in TRIA for a certified act of terrorism includes the following 1. The act results in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject TRIA and 2. The act results in damage within the United States or outside the United States in the case of certain air carriers or vessels or the premises of an United States mission and 3. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. If aggregate insured losses attributable to terrorist acts certified under TRIA exceed 100 billion in a Program Year January 1 through December 31 and we have met or will meet our insurer deductible under TRIA we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion. In such case your coverage for terrorism losses may be reduced on a pro rata basis in accordance with procedures established by the Treasury based on its estimates of aggregate industry losses and our estimate that we will exceed our insurer deductible. In accordance with the Treasury s procedures amounts paid for losses may be subject to further adjustments based on differences between actual losses and estimates. The United States Department of the Treasury will reimburse insurers for 85 of that portion of insured losses attributable to certified acts of terrorism that exceeds the applicable insurer deductible. However if aggregate insured losses under TRIA 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. The United States government has not charged any premium for their participation in covering terrorism losses. The terms and limitations of any terrorism exclusion the inapplicability or omission of a terrorism exclusion or the inclusion of coverage for terrorism do not serve to create coverage for any loss which would otherwise be excluded under this Coverage Part or Policy such as losses excluded by the War Exclusion. Form XL 23 30 03 12 Page 1of 1 2012 The Hartford Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FOLLOWING FORM ENDORSEMENT PERSONAL AND ADVERTISING INJURY This endorsement modifies insurance provided under the following UMBRELLA LIABILITY POLICY Exclusion B.4. Section Coverages is replaced by the following 4. Personal And Advertising Injury This policy does not apply to personal and advertising injury. EXCEPTION This exclusion does not apply to the extent that coverage for such personal and advertising injury is provided by underlying insurance but in no event shall any personal and advertising injury coverage provided under this policy apply to any claim or suit to which underlying insurance does not apply. Any coverage restored by this EXCEPTION applies only to the extent that such coverage provided by the underlying insurance is maintained having limits as set forth in the Schedule of Underlying Insurance Policies. Form XL 24 60 12 09 Page 1of 1 2009 The Hartford | 2 |
POLICY NUMBER 37 XHU TX3359 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following XL 21 63 11 00 EXCLUSION DESIGNATED OPERATIONS COMMERCIAL UMBRELLA COVERAGE PART XL 21 63 11 00 EXCLUSION DESIGNATED OPERATIONS DESCRIPTION OF OPERATIONS 1 TOUR ORGANIZATION AND GUIDED TOURS 2 LEASING AND OR CHARTERING OR AIRCRAFT LOCATION ANY AND ALL LOCATIONS FormIH 12011185 SEQ.NO. 02 Printed in U.S.A. | 2 |
THE x HARTFORD PRODUCER COMPENSATION NOTICE You can review and obtain information on The Hartford s producer compensation practices at www.TheHartford.com or at 1 800 592 5717. Form G3418 0 | 2 |
A EMC Insurance Companies EMPLOYERS MUTUAL CASUALTY COMPANY COMMERCIAL UMBRELLA DECLARATIONS Wl T T Tl Policy Period From 123114 to 123115 Policy Number 3J6 22 050 15 Wl D DT DT NAMED INSURED PRODUCER BUSBOOM RAUH CONSTRUCTION CO LOCKTON COMPANIES LLC KC SERIE 145 12 S SANTA FE AVE 444 W 47TH ST STE 900 SALINA KS 67401 2857 KANSAS CITY MO 64112 1906 AGENT AK 7386 AGENCY BILL AGENT PHONE 816 960 9000 Insured is CORPORATION CONTRACTOR The Following Claims Made Coverage Applies Excess Employee Benefit Liability. Please Read Your Policy Carefully. Each Occurrence Limit Liability Coverage 10000000 Personal Advertising Injury Limit 10000 000 Any one person or organization Aggregate Limit Liability Coverage 10000 000 except with respect to covered autos A 100 MINIMUM POLICY PREMIUM APPLIES IF POLICY IS CANCELLED AFTER THE EFFECTIVE DATE. Forms Applicable CU00010413 CU01330413 CU02100900 CU04031207 CU21130413 CU21230202 CU21271204 CU21300108 CU21360108 CU21860514 CU24140900 CU7001A0405 CU72720806 CU72731210 CU72760714 CU72930806 CU7404.11008 CU74051008 CU74311008 CU83171213 CU83190714 IL7131A0401 IL76050108 IL8383.50108 IL8384A0108 Refer to prior distributions for any forms not attached Date of Issue 010215 BPP FORM CU7000A ED. 01 07 BPP 100614 402 K7 3762250 1501 COMMERCIAL UMBRELLA D Policy Period From 123114 to 123115 145 12 S SANTA FE AVE 444 W 47TH ST STE 900 SALINA KS 67401 2857 KANSAS CITY MO 64112 1906 AGENT AK 7386 The F Liabi ess Employee Benefit serage 10000000 10000 000 10000000 A 100 MIN Forms Applicable CU00010413 CU01330413 CU02100900 CU04031207 CU21130413 CU21230202 CU21271204 CU21300108 CU21360108 CU21860514 CU24140900 CU7001A0405 CU72720806 CU72731210 CU72760714 CU72930806 CU7404.11008 CU74051008 CU74311008 CU83171213 CU83190714 IL7131A0401 IL76050108 IL8383.50108 IL8384A0108 Refer to prior distributions for any forms not attached | 2 |
A EMC Insurance Companies EMPLOYERS MUTUAL CASUALTY COMPANY POLICY NUMBER 3J6 22 50 15 BUSBOOM RAUH CONSTRUCTION CO EFF DATE 123114 EXP DATE 123115 A POLICY S ENDORSEMENT SCHEDULE EDITION DATE DESCRIPTION ADDITIONAL INFORMATION PREMIUM CU0001 04 13 COMM LIABILITY UMBRELLA COV FORM Cu0133 04 13 KANSAS CHANGES cuo0210 09 00 KS CHANGES CANCELLATION NONRENEW Cu0403 12 07 EMPLOYEE BENEFITS LIABILITY COVERAGE LIMITS OF INSURANCE 10000 RETAINED LIMIT 10000000 EACH EMPLOYEE 10000000 AGGREGATE RETROACTIVE DATE 12312000 CU2113 04 13 AMENDMENT OF LIQUOR LIABILITY EXCL cuz2123 02 02 NUCLEAR ENERGY LIAB EXCL BROAD FORM cuz2127 12 04 FUNGI OR BACTERIA EXCLUSION Cu2130 01 08 CAP OF LOSSES FROM CERT ACTS OF TERR CU2136 01 08 EXCL PUNITIVE DMG CERT ACTS OF TERR CU2186 05 14 EXCL ACCESS DISCL OF CONFID PERSONAL cuz2414 09 00 FELLOW EMPLOYEE AUTO COVERAGE CU7001A 04 05 SCHED OF PRIMARY INS AUTOMATED cu7272 08 06 ASBESTOS EXCLUSION Ccu7273 12 10 AUTO LIABILITY FOLLOW FORM CU7276 07 14 COMMERCIAL UMBRELLA AMENDMENT OF COV Cu7293 08 06 FOREIGN EXPOSURE FOLLOWING FORM Cu7404.1 10 08 UMBRELLA LIAB AMEND FOLLOW FORM CU7405 10 08 EXCL EXT INSUL AND FINISH SYSTEMS... CU7431 10 08 AMENDMENT OF EMPLOYEE BENEFITS PROG CU8317 12 13 IMPORTANT NOTICE TO POLICYHOLDER CU8319 07 14 IMPORTANT NOTICE TO POLICYHOLDERS IL7131A 04 01 COMML POLICY ENDORSEMENT SCHEDULE IL7605 01 08 KANSAS COMPANY ELIMINATION IL8383.5 01 08 DISCL PURSUANT TERRSM RISK INS. ACT PREMIUM THROUGH 123114 WAIVED PREMIUM BEYOND 123114 129 IL8384A 01 08 TERRORISM NOTICE DATE OF ISSUE 010215 FORM IL7131A ED. 04 01 BPP 402 K7 3762250 1501 EDITION CU2113 cu2123 cu2127 CU2130 CU2136 CUu2186 Cu2414 CU7001A Ccu7272 Cu7273 Cu7276 CU7293 CU7404.1 CU7405 CU7431 Cu8317 Ccu8319 IL7131A IL7605 IL8383.5 IL8384A 04 13 09 00 12 07 04 13 02 02 12 04 01 08 01 08 05 14 09 00 04 05 08 06 12 10 07 14 08 06 10 08 10 08 10 08 12 13 07 14 04 01 01 08 01 08 01 08 KANSAS CHANGES KS CHANGES CANCELLATION NONRENEW EMPLOYEE BENEFITS LIABILITY COVERAGE LIMITS OF INSURANCE 10000 RETAINED LIMIT 10000000 EACH EMPLOYEE 10000000 AGGREGATE RETROACTIVE DATE 12312000 AMENDMENT OF LIQUOR LIABILITY EXCL NUCLEAR ENERGY LIAB EXCL BROAD FORM FUNGI OR BACTERIA EXCLUSION CAP OF LOSSES FROM CERT ACTS OF TERR EXCL PUNITIVE DMG CERT ACTS OF TERR EXCL ACCESS DISCL OF CONFID PERSONAL FELLOW EMPLOYEE AUTO COVERAGE SCHED OF PRIMARY INS AUTOMATED ASBESTOS EXCLUSION AUTO LIABILITY FOLLOW FORM COMMERCIAL UMBRELLA AMENDMENT OF COV FOREIGN EXPOSURE FOLLOWING FORM UMBRELLA LIAB AMEND FOLLOW FORM EXCL EXT INSUL AND FINISH SYSTEMS... AMENDMENT OF EMPLOYEE BENEFITS PROG IMPORTANT NOTICE TO POLICYHOLDER IMPORTANT NOTICE TO POLICYHOLDERS COMML POLICY ENDORSEMENT SCHEDULE KANSAS COMPANY ELIMINATION DISCL PURSUANT TERRSM RISK INS. ACT PREMIUM THROUGH 123114 PREMIUM BEYOND 123114 TERRORISM NOTICE WAIVEL 12 | 2 |
A EMC Insurance Companies EMPLOYERS MUTUAL CASUALTY COMPANY POLICY NUMBER 3J6 22 50 15 BUSBOOM RAUH CONSTRUCTION CO EFF DATE 123114 EXP DATE 123115 TERRORTISM NOTTICE This insurance may include coverage for certified acts of terrorism as defined in the Terrorism Risk Insurance Act as amended. Attached you will find a disclosure which identifies the specific charge for certified acts of terrorism. YOU MAY HAVE THE OPTION TO REJECT THIS TERRORISM COVERAGE For additional information please contact your agent DATE OF ISSUE 010215 FORM IL8384A 01 08 BPP 402 K7 3762250 1501 BUSBOOM RAUH CONSTRUCTION CO EFF DATE 123114 EXP DATE 1231 TERRORTISM NOTTICE This insurance may include coverage for certified acts of terrorism as defined in the Terrorism Risk Insurance Act as amended. Attached you will find a disclosure which identifies the specific charge for certified acts of terrorism. YOU MAY HAVE THE OPTION TO REJECT THIS TERRORISM COVERAGE For additional information please contact your agent TERRORTISM NOTTICE This insurance may include coverage for certified acts of terrorism as defined in the Terrorism Risk Insurance Act as amended. Attached you will find a disclosure which identifies the specific charge for certified acts of terrorism. YOU MAY HAVE THE OPTION TO REJECT THIS TERRORISM COVERAGE For additional information please contact your agent | 2 |
A EMC Insurance Companies EMPLOYERS MUTUAL CASUALTY COMPANY POLICY NUMBER 3J6 22 50 15 BUSBOOM RAUH CONSTRUCTION CO EFF DATE 123114 EXP DATE 123115 This disclosure is attached to your policy in response to the disclosure requirements of the Terrorism Risk Insurance Act. This disclosure does not grant any coverage or change the terms and conditions of any coverage under the policy. SCHEDUTLE Terrorism Premium Certified Acts A. Premium through end of year 123114 waived. B. Premium beyond the date specified above 129.00 Refer to paragraph D. below A. DISCLOSURE OF PREMIUM In accordance with the Federal Terrorism Risk Insurance Act we are required to provide you with a notice disclosing the portion of your premium if any attributable to coverage for terrorism acts certified under that Act. The portion of your premium attributable to such coverage is shown in the schedule of this disclosure or in the policy Declarations. B. DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States Government Department of the Treasury will pay a share of terrorism losses 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. However if aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance 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. C. CAP ON INSURER PARTICIPATION IN PAYMENT OF TERRORISM LOSSES If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a Program Year January 1 through December 31 and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. D. PREMIUM BEYOND THE YEAR SPECIFIED IN THE SCHEDULE ABOVE The premium for certified acts of terrorism coverage is calculated based in part on the federal participation in payment of terrorism losses as set forth in the Terrorism Risk Insurance Act. The federal program established by the Act is scheduled to terminate at the end of the year specified in the Schedule of this endorsement unless extended by the federal government. If the federal program is extended the premium shown in B in the Schedule shall be attributable to coverage for terrorism acts certified under the act. If the Federal program terminates your policy will still contain coverage for acts of terrorism unless you have elected to exclude the coverage. The premium shown in B of the schedule shall be attributable to that coverage for terrorism. Includes copyrighted material of ISO Properties Inc. with its permission DATE OF ISSUE 010215 continued FORM IL8383.5 01 08 BPP 402 K7 3762250 1501 This disclo disclosure This disclo and conditi T E Terrorism A. Prem B. Prem Ref A. DISCLOSUI In accor required your pre certifie to such the poli B. DISCLOSU The Unit a share federal insured However certifie in a Pro not make that exc C. CAP ON II If aggre under th Program insurer not be 1 losses tl up to th with pro D. PREMIUM I The prem based in losses a federal the end unless e is exten attribut. If the Fo coverage the cove attribut. o your policy in response to the le Terrorism Risk Insurance Act. 1 t any coverage or change the terms je under the policy. d Acts year 123114 waived. specified above 129.00 below jeral Terrorism Risk Insurance Act we are th a notice disclosing the portion of butable to coverage for terrorism acts The portion of your premium attributable in the schedule of this disclosure or in ICIPATION IN PAYMENT OF TERRORISM LOSSES nt Department of the Treasury will pay s insured under the federal program. The f that portion of the amount of such is the applicable insurer retention. ired losses attributable to terrorist acts IN PAYMENT OF TERRORISM LOSSES attributable to terrorist acts certified surance Act exceed 100 billion in a ugh December 31 and we have met our. Terrorism Risk Insurance Act we shall 1 t of any portion of the amount of such lion and in such case insured losses t to pro rata allocation in accordance by the Secretary of the Treasury. IFIED IN THE SCHEDULE ABOVE ts of terrorism coverage is calculated participation in payment of terrorism ferrorism Risk Insurance Act. The by the Act is scheduled to terminate at d in the Schedule of this endorsement al government. If the federal program wn in B in the Schedule shall be terrorism acts certified under the act. nates your policy will still contain sm unless you have elected to exclude shown in B of the schedule shall be je for terrorism. | 2 |
A EMC Insurance Companies Page 2 EMPLOYERS MUTUAL CASUALTY COMPANY POLICY NUMBER 3J6 22 50 15 BUSBOOM RAUH CONSTRUCTION CO EFF DATE 123114 EXP DATE 123115 This disclosure is attached to your policy in response to the disclosure requirements of the Terrorism Risk Insurance Act. This disclosure does not grant any coverage or change the terms and conditions of any coverage under the policy. THE FOLLOWING STATEMENT IS REQUIRED TO BE PART OF THE DISCLOSURE NOTICE IN MISSOURI The premium above is for certain losses resulting from certified acts of terrorism as covered pursuant to coverage provisions limitations and exclusions in this policy. You should read the definition in your policy carefully but generally speaking certified acts of terrorism are acts that exceed 5 million in aggregate losses to the insurance industry and which are subsequently declared by the U.S. Secretary of the Treasury as a certified terrorist act under the Terrorism Risk Insurance Act. Some losses resulting from certified acts of terrorism are not covered. Read your policy and endorsements carefully. Includes copyrighted material of ISO Properties Inc. with its permission DATE OF ISSUE 010215 FORM IL8383.5 01 08 BPP 402 K7 3762250 1501 This disclosure is attached to your policy in response to the disclosure requirements of the Terrorism Risk Insurance Act. This disclosure does not grant any coverage or change the terms and conditions of any coverage under the policy. THE FOLLOWING STATEMENT IS REQUIRED TO BE PART OF THE DISCLOSURE NOTICE IN MISSOURI The premium above is for certain losses resulting from certified acts of terrorism as covered pursuant to coverage provisions limitations and exclusions in this policy. You should read the definition in your policy carefully but generally speaking certified acts of terrorism are acts that exceed 5 million in aggregate losses to the insurance industry and which are subsequently declared by the U.S. Secretary of the Treasury as a certified terrorist act under the Terrorism Risk Insurance Act. Some losses resulting from certified acts of terrorism are not covered. Read your policy and endorsements carefully. Includes copyrighted material of ISO Properties Inc. with its permission THE FOLLOWING STATEMENT IS REQUIRED TO BE PART OF THE DISCLOSURE NOTICE IN MISSOURI The premium above is for certain losses resulting from certified acts of terrorism as covered pursuant to coverage provisions limitations and exclusions in this policy. You should read the definition in your policy carefully but generally speaking certified acts of terrorism are acts that exceed 5 million in aggregate losses to the insurance industry and which are subsequently declared by the U.S. Secretary of the Treasury as a certified terrorist act under the Terrorism Risk Insurance Act. Some losses resulting from certified acts of terrorism are not covered. Read your policy and endorsements carefully. | 2 |
A EMC Insurance Companies EMPLOYERS MUTUAL CASUALTY COMPANY Policy Number 3J62250 15 BUSBOOM AND RAUH CONST Eff Date 123114 Exp Date 123115 COMMERCIAL UMBRETLTLA SCHEDUTLE ok ko ok ko Kok ko ok ok ko ok ok ok Kk ko Kk Kk kK Kk Kk Kk K Kk Kok ok ko Kok ok ko ko ko ko ko K RETAINED LIMIT Self Insured Retention 10000 SCHEDULE OF UNDERLYING INSURANCE Commercial Auto Liability Company EMCASCO Insurance Company Policy Number 3E62250 Policy Period 123114 to 123115 Minimum Applicable Limits Each Accident 1000000 Commercial General Liability Company EMCASCO Insurance Company Policy Number 3D62250 Policy Period 123114 to 123115 Occurrence Basis Minimum Applicable Limits General Aggregate 2000000 Products Completed Operations Aggregate 2000000 Personal and Advertising Injury 1000000 Each Occurrence 1000000 Employee Benefit Liability 1000000 Each Employee 2000000 Aggregate Employers Liability Company Employers Mutual Casualty Company Policy Number 3H62250 Policy Period 123114 to 123115 Minimum Applicable Limits Bodily Injury by Accident Bodily Injury by Disease Bodily Injury by Disease 500000 Each Accident 500000 Each Employee 500000 Policy Limit w o Date of Issue 010215 BPP FORM CU7001A ED. 04 05 BPP 100614 402 K7 3762250 1501 BUSBOOM AND RAUH CONST Eff Date 123114 Exp Date 1231 COMMERCIAL UMBRETLTLA SCHEDUTLE ko ok ko ok ok ko ko ko kK ko ko Kk Kk ko Kk Kk Kk K Kk Kk Kk K R ko ok ko ko ok ok ko ok ok ko RETAINED LIMIT Self Insured Retention 10000 SCHEDULE OF UNDERLYING INSURANCE Commercial Auto Liability Company EMCASCO Insurance Company Policy Number 3E62250 Policy Period 123114 to 123115 Minimum Applicable Limits Each Accident 1000000 TS e et e R 4 Company EMCASCO Insurance Company Policy Number 3D62250 Policy Period 123114 to 123115 Occurrence Basis Minimum Applicable Limits General Aggregate 2000000 Products Completed Operations Aggregate 2000000 Personal and Advertising Injury 1000000 Each Occurrence 1000000 Employee Benefit Liability 1000000 Each Employee 2000000 Aggregate B 500000 Each Accident 500000 Each Employee 500000 Policy Limit | 2 |
A EMC Insurance Companies EMPLOYERS MUTUAL CASUALTY COMPANY BUSBOOM AND RAUH CONST Policy No 3J6 22 50 15 Transaction Renewal01 Prior Pol 3J6 22 50 TRANSACTION INFORMATION Policy Term 12312014 to 12312015 Account Name BUSBOOM AND RAUH CONST Account Mailing State KS Financing N Audit Frequency N SIC 1542 Account Original Eff Date 12312008 ACCOUNT FEIN Policy ID BC Commission 00.0 Note The negotiated commission is not Trans Date 12312014 CO BR Agent A K7386 Program Billing Method A Profit Share Y Type of Policy Monoline 10 Trans Premium 12801.00 Premium 12801.00 the standard commission. Date of Issue 010215 BPP STAT UM BPP 100614 402 K7 3762250 1501 BUSBOOM AND RAUH CONST TRANSACTION INFORMATION. Date 12312014 Agent A K7386 am ng Method A t Share Y Policy Term 12312014 to 12312015 Account Name BUSBOOM AND RAUH CONST Account Mailing State KS Financing N Audit Frequency N SIC 1542 Account Original Eff Date 12312008 ACCOUNT FEIN Policy ID BC Commission 00.0 Trans Date 12312014 CO BR Agent A K7386 Program Billing Method A Profit Share Y Type of Policy Monoline 10 Trans Premium 12801.0 Premium 12801.0 | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 00010413 COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such under Section I Who Is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section V Definitions. SECTION COVERAGES COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. Insuring Agreement a. We will pay on behalf of the insured the ultimate net loss in excess of the retained limit because of bodily injury or property damage to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking damages for such bodily injury or property damage when the underlying insurance does not provide coverage or the limits of underlying insurance have been exhausted. When we have no duty to defend we will have the right to defend or to participate in the defense of the insured against any other suit seeking damages to which this insurance may apply. However we will have no duty to defend the insured against any suit seeking damages for bodily injury or property damage to which this insurance does not apply. At our discretion we may investigate any occurrence that may involve this insurance and settle any resultant claim or suit for which we have the duty to defend. But 1 The amount we will pay for the ultimate net loss is limited as described in Section Il Limits Of Insurance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B.. This insurance applies to bodily injury or property damage that is subject to an applicable retained limit. If any other limit such as a sublimit is specified in the underlying insurance this insurance does not apply to bodily injury or property damage arising out of that exposure unless that limit is specified in the Declarations under the Schedule of underlying insurance. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an occurrence that takes place in the coverage territory The bodily injury or property damage occurs during the policy period and Prior to the policy period no insured listed under Paragraph 1.a. of Section Il Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. 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. 2 3. 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 1.a. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. CU 00010413 Insurance Services Office Inc. 2012 Page 10f 18 | 0 |
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 1.a. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of 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. f. Damages because of bodily injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury.. 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. b. Contractual Liability 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 1 That the insured would have in the absence of the contract or agreement or 2 Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorneys fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and b Such attorneys fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in a The supervision hiring employment training or monitoring of others by that insured or Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol if the occurrence which caused the bodily injury or property damage involved that which is described in Paragraph 1 2 or 3 above. However this exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. For the purposes of this exclusion permitting a person to bring alcoholic beverages on your premises for consumption on your premises whether or not a fee is charged or a license is required for such activity is not by itself considered the business of selling serving or furnishing alcoholic beverages. This exclusion does not apply to the extent that valid underlying insurance for the liquor liability risks described above exists or would have existed but for the exhaustion of underlying limits for bodily injury and property damage. To the extent this exclusion does not apply the insurance provided under this Coverage Part for the liquor liability risks described above will follow the same provisions exclusions and limitations that are contained in the applicable underlying insurance unless otherwise directed by this insurance. b Page 2 of 18 Insurance Services Office Inc. 2012 CuU00010413 | 1 |
d. Workers Compensation And Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. e. ERISA Any obligation of the insured under the Employee Retirement Income Security Act of 1974 ERISA and any amendments thereto or any similar federal state or local statute. Auto Coverages 1 Bodily injury or property damage arising out of the ownership maintenance or use of any auto which is not a covered auto or 2 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 or uninsured or underinsured motorist law. g. Employer s 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 Paragraph 1 above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. With respect to injury arising out of a covered auto this exclusion does not apply to bodily injury to domestic employees not entitled to workers compensation benefits. For the purposes of this insurance a domestic employee is a person engaged in household or domestic work performed principally in connection with a residence premises. This exclusion does not apply to the extent that valid underlying insurance for the employer s liability risks described above exists or would have existed but for the exhaustion of underlying limits for bodily injury. To the extent this exclusion does not apply the insurance provided under this Coverage Part for the employer s liability risks described above will follow the same provisions exclusions and limitations that are contained in the applicable underlying insurance unless otherwise directed by this insurance. h. Employment related Practices Bodily injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury to that person at whom any of the employment related practices described in Paragraph a b or c above is directed. This exclusion applies whether the injury causing event described in Paragraph a b or c above occurs before employment during employment or after employment of that person. 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. i. Pollution 1 Bodily injury or property damage which would not have occurred in whole or part but for the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time or 2 Pollution cost or expense. CU 00010413 Insurance Services Office Inc. 2012 Page 30f 18 | 1 |
This exclusion does not apply if valid underlying insurance for the pollution liability risks described above exists or would have existed but for the exhaustion of underlying limits for bodily injury and property damage. To the extent this exclusion does not apply the insurance provided under this Coverage Part for the pollution risks described above will follow the same provisions exclusions and limitations that are contained in the applicable underlying insurance unless otherwise directed by this insurance. j Aircraft Or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading 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 or entrustment to others of any aircraft or 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 A watercraft you do not own that is a Less than 50 feet long and b Not being used to carry persons or property for a charge 3 Liability assumed under any insured contract for the ownership maintenance or use of aircraft or watercraft 4 The extent that valid underlying insurance for the aircraft or watercraft liability risks described above exists or would have existed but for the exhaustion of underlying limits for bodily injury or property damage. To the extent this exclusion does not apply the insurance provided under this Coverage Part for the aircraft or watercraft risks described above will follow the same provisions exclusions and limitations that are contained in the underlying insurance unless otherwise directed by this insurance or 5 Aircraft that is a Chartered by loaned to or hired by you with a paid crew and b Not owned by any insured.. Racing Activities Bodily injury or property damage arising out of the use of mobile equipment or autos in or while in practice for or while being prepared for any prearranged professional or organized racing speed demolition or stunting activity or contest.. War Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 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 a You own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property or b Owned or transported by the insured and arising out of the ownership maintenance or use of a covered auto. 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you 4 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 3 5 Page 4 of 18 Insurance Services Office Inc. 2012 CuU00010413 | 1 |
6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 1b 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraphs 3 and 4 of this exclusion do not apply to liability assumed under a written Trailer Interchange agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard.. Damage To Your Product Property damage to your product arising out of it or any part of it.. Damage To Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor.. Damage To Impaired Property Or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 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.. 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.. Personal And Advertising Injury Bodily injury arising out of personal and advertising injury.. Professional Services Bodily injury or property damage due to rendering of or failure to render any professional service. This includes but is not limited to 1 Legal accounting or advertising services 2 Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings or specifications Inspection supervision quality control architectural or engineering activities done by or for you on a project on which you serve as construction manager Engineering services including related supervisory or inspection services Medical surgical dental X ray or nursing services treatment advice or instruction Any health or therapeutic service treatment advice or instruction Any service treatment advice or instruction for the purpose of appearance or skin enhancement hair removal or replacement or personal grooming or therapy Any service treatment advice or instruction relating to physical fitness including service treatment advice or instruction in connection with diet cardiovascular fitness bodybuilding or physical training programs Optometry or optical or hearing aid services including the prescribing preparation fitting demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices 10 Body piercing services 11 Services in the practice of pharmacy 12 Law enforcement or firefighting services and 13 Handling embalming disposal burial cremation or disinterment of dead bodies. 3 4 5 6 8 9 CU 00010413 Insurance Services Office Inc. 2012 Page 50f 18 | 1 |
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 rendering of or failure to render any professional service. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. However this exclusion does not apply to liability for damages because of bodily injury. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. This exclusion does not apply if valid underlying insurance for the electronic data risks described above exists or would have existed but for the exhaustion of underlying limits for bodily injury and property damage. The insurance provided under this Coverage Part will follow the same provisions exclusions and limitations that are contained in the applicable underlying insurance unless otherwise directed by this insurance.. Recording And Distribution Of Material Or Information In Violation Of Law Bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or 4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. COVERAGE B PERSONAL AND ADVERTISING INJURY LIABILITY 1. Insuring Agreement a. We will pay on behalf of the insured the ultimate net loss in excess of the retained limit because of personal and advertising injury to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking damages for such personal and advertising injury when the underlying insurance does not provide coverage or the limits of underlying insurance have been exhausted. When we have no duty to defend we will have the right to defend or to participate in the defense of the insured against any other suit seeking damages to which this insurance may apply. However we will have no duty to defend the insured against any suit seeking damages for personal and advertising injury to which this insurance does not apply. At our discretion we may investigate any offense that may involve this insurance and settle any resultant claim or suit for which we have the duty to defend. But 1 The amount we will pay for the ultimate net loss is limited as described in Section Il Limits Of Insurance and 2 Our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under Coverages A or B. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments Coverages A and B. b. This insurance applies to personal and advertising injury that is subject to an applicable retained limit. If any other limit such as a sublimit is specified in the underlying insurance this insurance does not apply to personal and advertising injury arising out of that exposure unless that limit is specified in the Declarations under the Schedule of underlying insurance. c. This insurance applies to personal and advertising injury caused by an offense arising out of your business but only if the offense was committed in the coverage territory during the policy period. Page 6 of 18 Insurance Services Office Inc. 2012 CuU00010413 | 1 |
2. Exclusions This insurance does not apply to a. Personal and advertising injury 1 Knowing Violation Of Rights Of Another 2 3 4 5 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. Material Published With Knowledge Of Falsity Arising out of oral or written publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity. Material Published Prior To Policy Period Arising out of oral or written publication in any manner of material whose first publication took place before the beginning of the policy period. Criminal Acts Arising out of a criminal act committed by or at the direction of the insured. Contractual Liability For which the insured has assumed liability in a contract or agreement. This exclusion does not apply to a Liability for damages that the insured would have in the absence of the contract or agreement. b Liability for false arrest detention or imprisonment assumed in a contract or agreement. 6 Breach Of Contract Arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement. Quality Or Performance Of Goods Failure To Conform To Statements Arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement. Wrong Description Of Prices Arising out of the wrong description of the price of goods products or services stated in your advertisement. 9 Infringement Of Copyright Patent Trademark Or Trade Secret Arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. Under this exclusion such other intellectual property rights do not include the use of another s advertising idea in your advertisement. However this exclusion does not apply to infringement in your advertisement of copyright trade dress or slogan. 10 Insureds In Media And Internet Type Businesses Committed by an insured whose business is a Advertising broadcasting publishing or telecasting b Designing or determining content of web sites for others or c An Internet search access content or service provider. However this exclusion does not apply to Paragraphs 14.a. b. and c. of personal and advertising injury under the Definitions section. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. 11 Electronic Chatrooms Or Bulletin Boards Arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control. 12 Unauthorized Use Of Another s Name Or Product 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. 13 Pollution Arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. CU 00010413 Insurance Services Office Inc. 2012 Page 7 of 18 | 1 |
14 Employment related Practices To a A person arising out of any i Refusal to employ that person ii Termination of that person s employment or iii Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at that person or b The spouse child parent brother or sister of that person as a consequence of personal and advertising injury to that person at whom any of the employment related practices described in Paragraph i i or iii above is directed. This exclusion applies whether the injury causing event described in Paragraph i i or above occurs before employment during employment or after employment of that person. 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. 15 Professional Services Arising out of the rendering of or failure to render any professional service. This includes but is not limited to a Legal accounting or advertising services b Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings or specifications Inspection supervision quality control architectural or engineering activities done by or for you on a project on which you serve as construction manager Engineering services including related supervisory or inspection services e Medical surgical dental X ray or nursing services treatment advice or instruction c d f Any health or therapeutic service treatment advice or instruction g Any service treatment advice or instruction for the purpose of appearance or skin enhancement hair removal or replacement or personal grooming or therapy h Any service treatment advice or instruction relating to physical fitness including service treatment advice or instruction in connection with diet cardiovascular fitness bodybuilding or physical training programs i Optometry or optical or hearing aid services including the prescribing preparation fitting demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices j Body piercing services k Services in the practice of pharmacy I Law enforcement or firefighting services and m Handling embalming disposal burial cremation or disinterment of dead bodies. 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 offense which caused the personal and advertising injury involved the rendering of or failure to render any professional service. 16 War However caused arising directly or indirectly out of a War including undeclared or civil war b Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. c Page 8 of 18 Insurance Services Office Inc. 2012 CuU00010413 | 1 |
17 Recording And Distribution Of Material Or Information In Violation Of Law Arising directly or indirectly out of any action or omission that violates or is alleged to violate a The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law b The CAN SPAM Act of 2003 including any amendment of or addition to such law c The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or d Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. b. Pollution cost or expense. SUPPLEMENTARY PAYMENTS COVERAGES A AND B 1. We will pay with respect to any claim we investigate or settle or any suit against an insured we defend when the duty to defend exists a. All expenses we incur. b. Up to 2000 for cost of bail bonds including bonds for related traffic law violations required because of an occurrence we cover. We do not have to furnish these bonds. c. The cost of bonds to release attachments but only for bond amounts within the applicable limit 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 including actual loss of earnings up to 250 a day because of time off from work. e. All court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured. f. Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest based on that period of time after the offer. g. All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance.. When we have the right but not the duty to defend the insured and elect to participate in the defense we will pay our own expenses but will not contribute to the expenses of the insured or the underlying insurer.. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract b. This insurance applies to such liability assumed by the insured c. The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract d. The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee e. The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and f. The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit Notify any other insurer whose coverage is available to the indemnitee and b c CU 00010413 Insurance Services Office Inc. 2012 Page 9 of 18 | 1 |
d Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of Section Coverage A Bodily Injury And Property Damage Liability such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above or the terms of the agreement described in Paragraph f. above are no longer met. SECTION Il WHO IS AN INSURED 1. Except for liability arising out of the ownership maintenance or use of covered autos a. If you are designated in the Declarations as 1 An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. 2 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. 3 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. 4 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. 5 A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. b. Each of the following is also an insured 1 Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for a Bodily injury or personal and advertising injury i To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a co employee in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business ii To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph ai above or iii 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 ai or ii above. b Property damage to property i Owned occupied or used by ii Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. 2 Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. Page 10 of 18 Insurance Services Office Inc. 2012 CuU00010413 | 1 |
3 Any person or organization having proper temporary custody of your property if you die but only a With respect to liability arising out of the maintenance or use of that property and b Until your legal representative has been appointed. 4 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 Coverage Part. c. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However 1 Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier Coverage A does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and Coverage B does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. 2. Only with respect to liability arising out of the ownership maintenance or use of covered autos a. You are an insured. b. Anyone else while using with your permission a covered auto you own hire or borrow is also an insured except 1 The owner or anyone else from whom you hire or borrow a covered auto. This exception does not apply if the covered auto is a trailer or semitrailer connected to a covered auto you own. Your employee if the covered auto is owned by that employee or a member of his or her household. Someone using a covered auto while he or she is working in a business of selling servicing repairing parking or storing autos unless that business is yours. 2 3 2 3 4 Anyone other than your employees partners if you are a partnership members if you are a limited liability company or a lessee or borrower or any of their employees while moving property to or from a covered auto. A partner if you are a partnership or a member if you are a limited liability company for a covered auto owned by him or her or a member of his or her household. Employees with respect to bodily injury to a Any fellow employee of the insured arising out of and in the course of the fellow employee s employment or while performing duties related to the conduct of your business or b The spouse child parent brother or sister of that fellow employee as a consequence of Paragraph a above. c. Anyone liable for the conduct of an insured described above is also an insured but only to the extent of that liability. 3. Any additional insured under any policy of underlying insurance will automatically be an insured under this insurance. Subject to Section Il Limits Of Insurance if coverage provided to the additional insured is required by a contract or agreement the most we will pay on behalf of the additional insured is the amount of insurance a. Required by the contract or agreement less any amounts payable by any underlying insurance or b. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. Additional insured coverage provided by this insurance will not be broader than coverage provided by the underlying insurance. No person or organization is an insured with respect 5 6 to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. CU 00010413 Insurance Services Office Inc. 2012 Page 11 0of 18 | 1 |
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 suits brought or number of vehicles involved or c. Persons or organizations making claims or bringing suits.. The Aggregate Limit is the most we will pay for the sum of all ultimate net loss under a. Coverage A except ultimate net loss because of bodily injury or property damage arising out of the ownership maintenance or use of a covered auto and b. Coverage B.. Subject to Paragraph 2. above the Each Occurrence Limit is the most we will pay for the sum of all ultimate net loss under Coverage A because of all bodily injury and property damage arising out of any one occurrence.. Subject to Paragraph 2. above the Personal And Advertising Injury Limit is the most we will pay under Coverage B for the sum of all ultimate net loss because of all personal and advertising injury sustained by any one person or organization.. If there is underlying insurance with a policy period that is nonconcurrent with the policy period of this Commercial Liability Umbrella Coverage Part the retained limits will only be reduced or exhausted by payments for a. Bodily injury or property damage which occurs during the policy period of this Coverage Part or b. Personal and advertising injury for offenses that are committed during the policy period of this Coverage Part. However if any underlying insurance is written on a claims made basis the retained limits will only be reduced or exhausted by claims for that insurance that are made during the policy period or any Extended Reporting Period of this Coverage Part. The Aggregate Limit as described in Paragraph 2. above applies 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. SECTION IV CONDITIONS 1. Appeals If the underlying insurer or insured elects not to appeal a judgment in excess of the retained limit we may do so at our own expense. We will also pay for taxable court costs pre and postjudgment interest and disbursements associated with such appeal. In no event will this provision increase our liability beyond the applicable Limits of Insurance described in Section Il Limits Of Insurance. 2. Bankruptcy a. Bankruptcy Of Insured Bankruptcy or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this Coverage Part. b. Bankruptcy Of Underlying Insurer Bankruptcy or insolvency of the underlying insurer will not relieve us of our obligations under this Coverage Part. However this insurance will not replace the underlying insurance in the event of bankruptcy or insolvency of the underlying insurer. This insurance will apply as if the underlying insurance were in full effect. 3. Duties In The Event Of Occurrence Offense Claim Or Suit a. You must see to it that we are notified as soon as practicable of an occurrence or an offense regardless of the amount which may result in a claim. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence or offense. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit Page 12 of 18 Insurance Services Office Inc. 2012 CuU00010413 | 1 |
2 Authorize us to obtain records and other information Cooperate with us in the investigation or settlement of the claim or defense against the suit and 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. d. 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. 4. Legal Action Against Us No person or organization has a right under this Coverage Part a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this Coverage Part unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this Coverage Part or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. 5. Other Insurance a. This insurance is excess over and shall not contribute with any of the other insurance whether primary excess contingent or on any other basis. This condition will not apply to insurance specifically written as excess over this Coverage Part. When this insurance is excess we will have no duty under Coverages A or B to defend the insured against any suit if any other insurer has a duty to defend the insured against that suit. If no other insurer defends we will undertake to do so but we will be entitled to the insured s rights against all those other insurers. b. When this insurance is excess over other insurance we will pay only our share of the ultimate net loss that exceeds the sum of 1 The total amount that all such other insurance would pay for the loss in the absence of the insurance provided under this Coverage Part and 3 4 2 The total of all deductible and self insured amounts under all that other insurance. 6. Premium Audit a. We will compute all premiums for this Coverage Part in accordance with our rules and rates. b. Premium shown in this Coverage Part 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 and retrospective 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. c. 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. 7. Representations Or Fraud By accepting this policy you agree a. The statements in the Declarations are accurate and complete b. Those statements are based upon representations you made to us c. We have issued this policy in reliance upon your representations and d. This policy is void in any case of fraud by you as it relates to this policy or any claim under this policy. 8. Separation Of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned in this Coverage Part to the first Named Insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. 9. Transfer Of Rights Of Recovery Against Others To Us If the insured has rights to recover all or part of any payment we have made under this Coverage Part 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. CU 00010413 Insurance Services Office Inc. 2012 Page 13 of 18 | 1 |
10.When We Do Not Renew If we decide not to renew this Coverage Part 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. 11.Loss Payable Liability under this Coverage Part does not apply to a given claim unless and until a. The insured or insured s underlying insurer has become obligated to pay the retained limit and b. The obligation of the insured to pay the ultimate net loss in excess of the retained limit has been determined by a final settlement or judgment or written agreement among the insured claimant and us. 12.Transfer Of Defense When the underlying limits of insurance have been used up in the payment of judgments or settlements the duty to defend will be transferred to us. We will cooperate in the transfer of control to us of any outstanding claims or suits seeking damages to which this insurance applies which would have been covered by the underlying insurance had the applicable limit not been used up. 13.Maintenance Of Changes To Underlying Insurance Any underlying insurance must be maintained in full effect without reduction of coverage or limits except for the reduction of the aggregate limit in accordance with the provisions of such underlying insurance that results from payment of claims settlement or judgments to which this insurance applies. Such exhaustion or reduction is not a failure to maintain underlying insurance. Failure to maintain underlying insurance will not invalidate insurance provided under this Coverage Part but insurance provided under this Coverage Part will apply as if the underlying insurance were in full effect. If there is an increase in the scope of coverage of any underlying insurance during the term of this policy our liability will be no more than it would have been if there had been no such increase. You must notify us in writing as soon as practicable if any underlying insurance is cancelled not renewed replaced or otherwise terminated or if the limits or scope of coverage of any underlying insurance is changed. 14.Expanded Coverage Territory a. If a suit is brought in a part of the coverage territory that is outside the United States of America including its territories and possessions Puerto Rico or Canada and we are prevented by law or otherwise from defending the insured the insured will initiate a defense of the suit. We will reimburse the insured under Supplementary Payments for any reasonable and necessary expenses incurred for the defense of a suit seeking damages to which this insurance applies that we would have paid had we been able to exercise our right and duty to defend. If the insured becomes legally obligated to pay sums because of damages to which this insurance applies in a part of the coverage territory that is outside the United States of America including its territories and possessions Puerto Rico or Canada and we are prevented by law or otherwise from paying such sums on the insured s behalf we will reimburse the insured for such sums. b. All payments or reimbursements we make for damages because of judgments or settlements will be made in U.S. currency at the prevailing exchange rate at the time the insured became legally obligated to pay such sums. Al payments or reimbursements we make for expenses under Supplementary Payments will be made in U.S. currency at the prevailing exchange rate at the time the expenses were incurred. c. Any disputes between you and us as to whether there is coverage under this policy must be filed in the courts of the United States of America including its territories and possessions Canada or Puerto Rico. d. The insured must fully maintain any coverage required by law regulation or other governmental authority during the policy period except for reduction of the aggregate limits due to payments of claims judgments or settlements. Failure to maintain such coverage required by law regulation or other governmental authority will not invalidate this insurance. However this insurance will apply as if the required coverage by law regulation or other governmental authority was in full effect. Page 14 of 18 Insurance Services Office Inc. 2012 CuU00010413 | 1 |
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 a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. 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. 2. Auto 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 where it is licensed or principally garaged. However auto does not include mobile equipment. 3. Bodily injury means bodily injury disability sickness or disease sustained by a person including death resulting from any of these at any time. Bodily injury includes mental anguish or other mental injury resulting from bodily injury. 4. Coverage territory means anywhere in the world with the exception of any country or jurisdiction which is subject to trade or other economic sanction or embargo by the United States of America. 5. Covered auto means only those autos to which underlying insurance applies. 6. Employee includes a leased worker. Employee does not include a temporary worker. 7. Executive officer means a person holding any of the officer positions created by your charter constitution bylaws or any other similar governing document. 8. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. It incorporates 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 the repair replacement adjustment or removal of your product or your work or your fulfilling the terms of the contract or agreement.. Insured contract means a. A contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. A sidetrack agreement c. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement f. That part of any contract or agreement entered into as part of your business pertaining to the rental or lease by you or any of your employees of any auto. However such contract or agreement shall not be considered an insured contract to the extent that it obligates you or any of your employees to pay for property damage to any auto rented or leased by you or any of your employees. g. That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraphs f. and g. do not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing That pertains to the loan lease or rental of an auto to you or any of your employees if the auto is loaned leased or rented with a driver or 2 CU 00010413 Insurance Services Office Inc. 2012 Page 15 of 18 | 1 |
3 That holds a person or organization engaged in the business of transporting property by auto for hire harmless for your use of a covered auto over a route or territory that person or organization is authorized to serve by public authority. 10.Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. 11.Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto b. While it is in or on an aircraft watercraft or auto or c. While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. 12.Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers e. Vehicles not described in Paragraph a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers f. Vehicles not described in Paragraph a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where 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. 13.Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. 14.Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecution c. 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 d. 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 e. Oral or written publication in any manner of material that violates a person s right of privacy f. The use of another s advertising idea in your advertisement or g. Infringing upon another s copyright trade dress or slogan in your advertisement. Page 16 of 18 Insurance Services Office Inc. 2012 CuU00010413 | 1 |
15.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. 16.Pollution cost or expense means any loss cost or expense arising out of any a. Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of 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. 17.Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. b When all of the work to be done at the job site has been completed if your contract calls for work at more than one job 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. b. Does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured or c 2 The existence of tools uninstalled equipment or abandoned or unused materials. 18.Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. With respect to the ownership maintenance or use of covered autos property damage also includes pollution cost or expense but only to the extent that coverage exists under the underlying insurance or would have existed but for the exhaustion of the underlying limits. For the purposes of this insurance with respect to other than the ownership maintenance or use of covered autos electronic data is not tangible property. As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMs tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 19.Retained limit means the available limits of underlying insurance scheduled in the Declarations or the self insured retention whichever applies. 20.Self insured retention means the dollar amount listed in the Declarations that will be paid by the insured before this insurance becomes applicable only with respect to occurrences or offenses not covered by the underlying insurance. The self insured retention does not apply to occurrences or offenses which would have been covered by underlying insurance but for the exhaustion of applicable limits. 21.Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or CU 00010413 Insurance Services Office Inc. 2012 Page 17 of 18 | 1 |
b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent or the underlying insurer s consent. 22.Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. 23.Ultimate net loss means the total sum after reduction for recoveries or salvages collectible that the insured becomes legally obligated to pay as damages by reason of settlement or judgments or any arbitration or other alternate dispute method entered into with our consent or the underlying insurer s consent. 24.Underlying insurance means any policies of insurance listed in the Declarations under the Schedule of underlying insurance. 25.Underlying insurer means any insurer who provides any policy of insurance listed in the Schedule of underlying insurance. 26.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. 27.Your product a. Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organizaton whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold. 28.Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and 2 The providing of or failure to provide warnings or instructions. Page 18 of 18 Insurance Services Office Inc. 2012 CuU00010413 | 1 |
COMMERCIAL LIABILITY UMBRELLA CU 01330413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KANSAS CHANGES This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART Paragraph d. of the Representations Or Fraud 2 Conceals information concerning any Condition is replaced by the following material fact for the purpose of misleading. d. No payment will be made under this policy if you or any other insured in relation to an insurance application rating claim or coverage under this policy knowingly and with intent to defraud 1 Presents causes to be presented or prepares with knowledge or belief that it will be presented to or by an insurer purported insurer broker or any agent thereof any written statement which such person knows to contain materially false information concerning any material fact or CU 01330413 Insurance Services Office Inc. 2012 Page 1 0of 1 | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 021009 00 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KANSAS CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART With respect to coverage provided by this endorsement the provisions of the Coverage Form apply unless modi fied by the endorsement. A. If you are an individual and a covered auto you own is of the private passenger type and this policy covers fewer than five autos and does not insure the motor vehicle hazard of garages motor vehicle sales agencies repair shops service sta tions or public parking places the Cancellation Common Policy Condition is replaced by the fol lowing ENDING THIS POLICY 1. Cancellation a. You may cancel the policy by mailing or delivering to us advance written notice of cancellation. b. We may cancel this policy by mailing you notice of cancellation. If we cancel for non payment of premium we will mail you at least 10 days notice. If we cancel for any other reason we will mail you at least 30 days written notice. c. When this policy is in effect 60 days or more or is a renewal or continuation policy we may cancel Liability Coverage and Per sonal Injury Protection only for one or more of the following reasons 1 Nonpayment of premium. 2 Fraudulent misrepresentation in obtain ing this policy. 3 The insured violates any terms or condi tions of the policy. 4 You or any other operator who either resides in the same household or cus tomarily operates a covered auto a Has had his or her driver s license suspended or revoked during the policy period. b Is or becomes subject to epilepsy or heart attacks and can not produce a physician s certificate stating that he or she can operate a motor vehicle safely. c Has been convicted during the policy period or 36 months before it for i Any felony or ij Criminal negligence resulting in death homicide or assault aris ing from the operation of a motor vehicle or iii Driving a motor vehicle while intoxicated or under the influence of drugs or iv Leaving the scene of an accident without stopping to report or v Theft of a motor vehicle or vi Making false statements when applying for a driver s license or 4 You or any other operator who either resides in the same household or cus tomarily operates a covered auto a Has had his or her driver s license suspended or revoked during the policy period. b Is or becomes subject to epilepsy or heart attacks and can not produce a physician s certificate stating that he or she can operate a motor vehicle safely. c Has been convicted during the policy period or 36 months before it for i Any felony or ij Criminal negligence resulting in death homicide or assault aris ing from the operation of a motor vehicle or iii Driving a motor vehicle while intoxicated or under the influence of drugs or iv Leaving the scene of an accident without stopping to report or v Theft of a motor vehicle or vi Making false statements when applying for a driver s license or CU 0210 09 00 Copyright Insurance Services Office Inc. 2000 Page 10of 3 a | 2 |
vii A third moving violation commit ted within a period of 18 months of i. Any regulation limiting the speed of motor vehicles or ii. Any of the provisions in the motor vehicle laws of any state the violation of which constitutes a misdemeanor or traffic infraction or. Any ordinance traffic infrac tion or ordinance which pro hibits the same acts as a mis demeanor statute of the uniform act regulating traffic on highways whether or not the violations were repetitions of the same offense or were different offenses. 5 We replace this policy with another one providing similar coverages and the same limits for the covered auto. The replacement policy will take effect when this policy is cancelled and will end a year after this policy begins or on this policy s expiration date whichever is earlier. d. Renewal or continuation of this policy does not act as a waiver or estoppel of any rea sons for cancellation which existed before the effective date of renewal or continua tion. e. If this policy is cancelled we will send you any premium refund due. If we cancel the refund will be pro rata. If you cancel the re fund may be less than pro rata. The cancel lation will be effective even if we have not offered a refund. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 2. Nonrenewal a. If we decide not to renew or continue this policy we will mail you written notice at least 30 days before the end of the policy period. b. We may not renew or continue this policy only for one or more of the following rea sons 1 When we are required or have been permitted by the Commissioner of In surance in writing to reduce premium volume in order to preserve our financial integrity. When we cease to transact such busi ness in this state. When we are able to show competent medical evidence that the insured has a physical or mental disablement that im pairs his or her ability to drive in a safe and reasonable manner. When unfavorable underwriting factors pertinent to the risk are existent and of a substantial nature which could not have reasonably been ascertained by us at the initial issuance or the last renewal of the policy. When the policy has been continuously in effect for a period of 5 years provided that such 5 year period shall begin at the first anniversary date following the policy effective date. When any of the reasons specified as reasons for cancellation are existent. c. If we offer to renew or continue this policy and you do not accept this policy will ter minate at the end of the policy period. Failure to pay the required renewal or continuation premium when due shall mean that you have not accepted our offer. d. If we fail to mail proper notice of nonre newal and you obtain other insurance this policy will end on the effective date of that insurance.. Mailing Of Notices We will mail any notice of cancellation or non renewal by certified or registered mail or United States post office certificate of mailing to your last mailing address known to us. Proof of mail ing will be sufficient proof of notice. 3 4 5 Page 2 of 3 Copyright Insurance Services Office Inc. 2000 CU 0210 09 00 a | 2 |
d. The effective date of cancellation stated in the notice shall become the end of the pol icy period. e. If this policy is cancelled we will send you any premium refund due. If we cancel the refund will be pro rata. If you cancel the re fund may be less than pro rata. The cancel lation will be effective even if we have not offered a refund. 2. Nonrenewal a. If we decide not to renew or continue this policy we will mail you written notice at least 60 days before the end of the policy period stating the reasons for nonrenewal. If we offer to renew or continue and you do not accept this policy will terminate at the end of the current policy period. Failure to pay the required renewal or continuation premium when due shall mean that you have not accepted our offer. b. If we fail to mail proper notice and you obtain other insurance this policy will end on the effective date of that insurance. 3. Mailing Of Notices Any notice of cancellation or nonrenewal will be mailed by certified or registered mail or United States post office certificate of mailing to the first named insured s last mailing ad dress known to us. Proof of mailing of any no tice will be sufficient proof of notice. 4. Notice To Director Of Vehicles If you are a Vehicle Dealer or Mobile Home Dealer the following provision applies If the policy is cancelled we will notify the Di rector of Vehicles 30 days before the effective date of cancellation. C. Condition 10. When We Do Not Renew of Sec tion IV Conditions does not apply. B. For all policies not described in Paragraph A. above the Cancellation Common Policy Condi tion is replaced by the following ENDING THIS POLICY 1. Cancellation a. You may cancel the policy by returning it to us or by giving us advance notice of the date cancellation is to take effect. b. We may cancel this policy by mailing you written notice of cancellation stating our reasons for cancellation. If we cancel for nonpayment of premium we will mail you at least 10 days notice. If we cancel for any other reason we will mail you at least 30 days notice. c. When this policy is in effect for 90 days or more or is a renewal or continuation policy we may cancel only for one or more of the following reasons 1 Nonpayment of premium. 2 This policy was issued because of mate rial misrepresentation. 3 Any insured violated any of the material terms and conditions of this policy. Unfavorable underwriting factors spe cific to the insured exist that were not present at the inception of this policy. 5 A determination by the insurance com missioner that continuation of coverage could place us in a hazardous financial condition or in violation of the laws of Kansas. A determination by the insurance com missioner that we no longer have ade quate reinsurance to meet our needs. 4 CU 0210 09 00 Copyright Insurance Services Office Inc. 2000 Page 3 of 3 a | 2 |
POLICY NUMBER POLICY NUMBER COMMERCIAL LIABILITY UMBRELLA CU 04031207 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYEE BENEFITS LIABILITY COVERAGE THIS ENDORSEMENT PROVIDES CLAIMS MADE COVERAGE. PLEASE READ THE ENTIRE ENDORSEMENT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART SCHEDULE Additional Covered Employee Benefits Programs Limit Of Insurance Retained Limit Each Employee Aggregate Retroactive Date Information required to complete this Schedule if not shown above will be shown in the Declarations. A. The following is added to Section Coverages COVERAGE EMPLOYEE BENEFITS LIABILITY. Insuring Agreement a. We will pay on behalf of the insured the ultimate net loss in excess of the retained limit because of any act error or omission of the insured or of any other person for whose acts the insured is legally liable to which this insurance applies. We will have the right and duty to defend the insured against any suit seeking damages for such an act error or omission when the underlying insurance does not provide coverage or the limits of underlying insur ance have been exhausted. However we will have no duty to defend the insured against any suit seeking damages to which this insurance does not apply. At our discretion we may investigate any report of an act error or omission and settle any re sultant claim or suit for which we have a duty to defend. But 1 The amount we will pay for ultimate net loss is limited as described in Para graph D. Section lll Limits Of Insur ance and 2 Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments or settlements. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Sup plementary Payments. b. This insurance applies only if 1 The act error or omission is negligently committed in the administration of your employee benefit program 2 The act error or omission did not take place before the Retroactive Date if any shown in the Schedule nor after the end of the policy period and 3 A claim for damages because of an act error or omission is first made against any insured in accordance with Paragraph c. below during the policy period or an Extended Reporting Period we provide under Paragraph F. of this endorsement. CU 04031207 ISO Properties Inc. 2007 Page 10of 5 a | 2 |
c. A claim seeking damages will be deemed to have been made at the earlier of the fol lowing times 1 When notice of such claim is received and recorded by any insured or by the underlying insurer or us if the limits of the underlying insurance have been used up whichever comes first or 2 When we make settlement in accor dance with Paragraph 1.a. above or set tlement is made by the underlying in surer with our agreement. A claim received and recorded by the in sured within 60 days after the end of the policy period will be considered to have been received within the policy period if no subsequent policy is available to cover the claim. d. All claims for damages made by an em ployee because of any act error or omis sion or a series of related acts errors or omissions including damages claimed by such employee s dependents and benefi ciaries will be deemed to have been made at the time the first of those claims is made against any insured. 2. Exclusions This insurance does not apply to a. Dishonest Fraudulent Criminal Or M ous Act Damages arising out of any intentional dis honest fraudulent criminal or malicious act error or omission committed by any in sured including the willful or reckless viola tion of any statute. b. Bodily Injury Property Damage Or Personal And Advertising Injury Bodily injury property damage or per sonal and advertising injury. c. Failure To Perform A Contract Damages arising out of failure of perform ance of contract by any insurer. d. Insufficiency Of Funds Damages arising out of an insufficiency of funds to meet any obligations under any plan included in the employee benefit pro gram. e. Inadequacy Of Performance Of Investment Advice Given With Respect To Participation Any claim based upon 1 Failure of any investment to perform 2 Errors in providing information on past performance of investment vehicles or 3 Advice given to any person with respect to that person s decision to participate or not to participate in any plan included in the employee benefit program f. Workers Compensation And Similar Laws Any claim arising out of your failure to comply with the mandatory provisions of any workers compensation unemployment compensation insurance social security or disability benefits law or any similar law. g. ERISA Damages for which any insured is liable because of liability imposed on a fiduciary by the Employee Retirement Income Secu rity Act of 1974 as now or hereafter amended or by any similar federal state or local laws. h. Available Benefits Any claim for benefits to the extent that such benefits are available with reasonable effort and cooperation of the insured from the applicable funds accrued or other col lectible insurance. i. Taxes Fines Or Penalties Taxes fines or penalties including those imposed under the Internal Revenue Code or any similar state or local law. j Employment Related Practices Damages arising out of wrongful termina tion of employment discrimination or other employment related practices. B. For the purposes of the coverage provided by this endorsement 1. All references to Supplementary Payments Coverages A and B are replaced by Supple mentary Payments Coverages A B and Em ployee Benefits Liability. 2. Paragraphs 1.b. and 3. of the Supplementary Payments provision do not apply. Page 2 of 5 ISO Properties Inc. 2007 CU 04031207 o | 2 |
C. For the purposes of the coverage provided by this endorsement Paragraphs 1.b. and 1.c. of Section 11 Who Is An Insured are replaced by the follow ing 1. Except for liability arising out of the ownership maintenance or use of covered autos b. Each of the following is also an insured 1 Each of your employees who is or was authorized to administer your employee benefit program. 2 Any persons organizations or employ ees having proper temporary authoriza tion to administer your employee bene fit program if you die but only until your legal representative is 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 endorsement. c. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if no other similar insurance applies to that organiza tion. However 1 Coverage under this provision is af forded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier. 2 Coverage under this provision does not apply to any act error or omission that was committed before you acquired or formed the organization. D. For the purposes of the coverage provided by this endorsement Section Ill Limits Of Insurance is replaced by the following 1. Our obligation to pay damages on behalf of the insured applies only to the amount of ultimate net loss in excess of the retained limit shown in the Schedule of this endorsement. If there is underlying insurance with a policy period that is non concurrent with the policy period of this endorsement the retained limit will only be reduced or exhausted by claims for that in surance that are made during the policy period or the Extended Reporting Period of this en dorsement. 3 2. The Limits of Insurance shown in the Schedule and the rules below fix the most we will pay re gardless of the number of a Insureds b Claims made or suits brought c Persons or organizations making claims or bringing suits d Acts errors or omissions or e Benefits included in your employee benefit program. 3. The Aggregate Limit is the most we will pay for the sum of all ultimate net loss because of acts errors or omissions negligently committed in the administration of your employee bene fit program. 4. Subject to the Aggregate Limit the Each Em ployee Limit is the most we will pay for the sum of all ultimate net loss for damages sustained by any one employee including damages sustained by such employee s dependents and beneficiaries as a result of a An act error or omission or b A series of related acts errors or omis sions negligently committed in the administration of your employee benefit program. However the amount paid under this en dorsement shall not exceed and will be subject to the limits and restrictions that apply to the payment of benefits in any plan included in the employee benefit program. The Limits of Insurance of this endorsement 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 of the policy to which this endorsement is attached unless the policy pe riod 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. CU 04031207 ISO Properties Inc. 2007 Page 3 of 5 a | 2 |
E. For the purposes of the coverage provided by this endorsement Condition 3. of Section IV Com mercial Liability Umbrella Conditions is re placed by the following 3. Duties In The Event Of An Act Error Or Omission Or Claim Or Suit a. You must see to it that we are notified as soon as practicable of an act error or omis sion which may result in a claim. To the extent possible notice should include 1 What the act error or omission was and when it occurred and 2 The names and addresses of anyone who may suffer damages as a result of the act error or omission. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and Assist us upon our request in the en forcement of any right against any per son or organization which may be liable to the insured because of an act error or omission to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense without our consent. 2 4 F. For the purposes of the coverage provided by this endorsement the following Extended Reporting Period provisions are added or if this endorse ment is attached to a claims made Coverage Part replace any similar Section in that Coverage Part. EXTENDED REPORTING PERIOD 1. You will have the right to purchase an Ex tended Reporting Period as described below if a. This endorsement is canceled or not re newed or b. We renew or replace this endorsement with insurance that 1 Has a Retroactive Date later than the date shown in the Schedule of this en dorsement or 2 Does not apply to an act error or omis sion on a claims made basis. 2. The Extended Reporting Period does not ex tend the policy period or change the scope of coverage provided. It applies only to claims for acts errors or omissions that were first committed before the end of the policy period but not before the Retroactive Date if any shown in the Schedule. Once in effect the Ex tended Reporting Period may not be canceled. 3. An Extended Reporting Period of five years is available but only by an endorsement and for an extra charge. You must give us a written request for the en dorsement within 60 days after the end of the policy period. The Extended Reporting Period will not go into effect unless you pay the addi tional premium promptly when due. We will determine the additional premium in accordance with our rules and rates. In doing s0 we may take into account the following a. The employee benefit programs insured b. Previous types and amounts of insurance c. Limits of insurance available under this endorsement for future payment of dam ages and d. Other related factors. Page 4 of 5 ISO Properties Inc. 2007 CU 04031207 o | 2 |
The additional premium will not exceed 100 of the annual premium for this endorsement. The Extended Reporting Period endorsement applicable to this coverage shall set forth the terms not inconsistent with this Section appli cable to the Extended Reporting Period includ ing a provision to the effect that the insurance afforded for claims first received during such period is excess over any other valid and col lectible insurance available under policies in force after the Extended Reporting Period starts. 4. If the Extended Reporting Period is in effect we will provide an extended reporting period aggregate limit of insurance described below but only for claims first received and recorded during the Extended Reporting Period. The extended reporting period aggregate limit of insurance will be equal to the dollar amount shown in the Schedule of this endorsement under Limits Of Insurance. Paragraph D.3. of this endorsement will be amended accordingly. The Each Employee Limit shown in the Schedule will then continue to apply as set forth in Paragraph D.4. G. For the purposes of the coverage provided by this endorsement the following definitions are added to the D ions Section 1. Administration means a. Providing information to employees in cluding their dependents and beneficiaries with respect to eligibility for or scope of employee benefit programs b. Handling records in connection with the employee benefit program or c. Effecting continuing or terminating any employee s participation in any benefit in cluded in the employee benefit program. However administration does not include handling payroll deductions. 2. Cafeteria plans means plans authorized by applicable law to allow employees to elect to pay for certain benefits with pre tax dollars. 3. Claim means any demand or suit made by an employee or an employee s dependents and beneficiaries for damages as the result of an act error or omission. 4. Employee benefit program means a program providing some or all of the following benefits to employees whether provided through a cafeteria plan or otherwise a. Group life insurance group accident or health insurance dental vision and hearing plans and flexible spending accounts pro vided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to those employees who satisfy the plan s eligibility requirements b. Profit sharing plans employee savings plans employee stock ownership plans pension plans and stock subscription plans provided that no one other than an em ployee may subscribe to such benefits and such benefits are made generally available to all employees who are eligible under the plan for such benefits c. Unemployment insurance social security benefits workers compensation and dis ability benefits d. Vacation plans including buy and sell pro grams leave of absence programs includ ing military maternity family and civil leave tuition assistance plans transporta tion and health club subsidies and e. Any other similar benefits designated in the Schedule or added thereto by endorse ment. H. For the purposes of the coverage provided by this endorsement Definitions 6. and 21. in the Def tions Section are replaced by the following 6. Employee means a person actively em ployed formerly employed on leave of ab sence or disabled or retired. Employee in cludes a leased worker. Employee does not include a temporary worker. 21. Suit means a civil proceeding in which dam ages because of an act error or omission to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the in sured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. CU 04031207 ISO Properties Inc. 2007 Page 5 of 5 a | 2 |
COMMERCIAL LIABILITY UMBRELLA CU21130413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF LIQUOR LIABILITY EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART The following replaces Exclusion c. under Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability 2. Exclusions if the occurrence which caused the bodily injury or property damage involved that which is described in Paragraph 1 2 or 3 above. This insurance does not apply to c. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person including causing or contributing to the intoxication of any person because alcoholic beverages were permitted to be brought on your premises for consumption on your premises 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 applies even if the claims against any insured allege negligence or other wrongdoing in a The supervision hiring employment training or monitoring of others by that insured or Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol 2 3 b This exclusion applies only if you 1 Manufacture sell or distribute alcoholic beverages 2 Serve or furnish alcoholic beverages for a charge whether or not such activity a Requires a license b Is for the purpose of financial gain or livelihood 3 Serve or furnish alcoholic beverages without a charge if a license is required for such activity or 4 Permit any person to bring any alcoholic beverages on your premises for consumption on your premises. This exclusion does not apply to the extent that valid underlying insurance for the liquor liability risks described above exists or would have existed but for the exhaustion of underlying limits for bodily injury and property damage. To the extent this exclusion does not apply the insurance provided under this Coverage Part for the liquor liability risks described above will follow the same provisions exclusions and limitations that are contained in the applicable underlying insurance unless otherwise directed by this insurance. CU21130413 Insurance Services Office Inc. 2012 Page 1 of 1 | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 21230202 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT Broad Form This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART I. The insurance does not apply A. Under any Liability Coverage to bodily injury or property damage 1 With respect to which an insured under the policy is also an insured under a nuclear energy liability policy issued by Nuclear En ergy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nu clear Insurance Association of Canada or any of their successors or would be an in sured under any such policy but for its ter mination upon exhaustion of its limit of li ability or Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is re quired to maintain financial protection pur suant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the in sured 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 organi zation. B. Under any Liability Coverage to bodily injury or property damage resulting from hazard ous properties of nuclear material if 1 The nuclear material a is at any nuclear facility owned by or operated by or on be half of an insured or b has been dis charged or dispersed therefrom 2 2 The nuclear material is contained in spent fuel or waste at any time pos sessed 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 nu clear facility but if such facility is located within the United States of America its terri tories or possessions or Canada this Ex clusion 3 applies only to property dam age to such nuclear facility and any property thereat. Il As used in this endorsement Hazardous properties includes radioactive toxic or explosive properties. Nuclear material means source material Spe cial 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 com ponent solid or liquid which has been used or exposed to radiation in a nuclear reactor. Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentra tion of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or or ganization of any nuclear facility included under the first two paragraphs of the definition of nu clear facility. CU 21230202 ISO Properties Inc. 2001 Page 1 of 2 a | 2 |
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