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Nuclear facility means a b Any nuclear reactor Any equipment or device designed or used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packag ing waste Any equipment or device used for the proc essing 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 pluto nium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 d Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the forego ing 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 radioac tive contamination of property. Page 2 of 2 ISO Properties Inc. 2001 CU 2123 02 02 a | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 21271204 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage A Bodily Injury And Property Damage Liability 2. Exclusions This insurance does not apply to FUNGI OR BACTERIA a. Bodily injury or property damage which would not have occurred in whole or in part but for the actual alleged or threat ened 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 con currently or in any sequence to such injury or damage. b. Any loss cost or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxify ing neutralizing remediating or disposing of or in any way responding to or assess ing the effects of fungi or bacteria by any insured or by any other person or entity. This exclusion does not apply to any fungi or bacteria that are are on or are contained in a good or product intended for bodily consump tion. B. The following exclusion is added to Paragraph 2. Exclusions of Section Coverage B Per sonal And Advertising Injury Liability 2. Exclusions This insurance does not apply to FUNGI OR BACTERIA a. Personal and advertising injury which would not have taken place in whole or in part but for the actual alleged or threat ened 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 con currently or in any sequence to such injury. b. 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 in sured or by any other person or entity. C. The following definition is added to the Definitions Section Fungi means any type or form of fungus includ ing mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. CU 21271204 ISO Properties Inc. 2003 Page 1 of 1 a | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 21300108 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insur ance Act exceed 100 billion in a Program Year January 1 through December 31 and we have met our insurer deductible under the Terrorism Risk Insur ance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in ac cordance with procedures established by the Secre tary of the Treasury. Certified act of terrorism means an act that is certi fied by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism pursu ant to the federal Terrorism Risk Insurance Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. CU 21300108 ISO Properties Inc. 2007 Page 10of 1 m | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 2136 0108 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF PUNITIVE DAMAGES RELATED TO A CERTIFIED ACT OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. The following exclusion is added This insurance does not apply to TERRORISM PUNITIVE DAMAGES Damages arising directly or indirectly out of a certified act of terrorism that are awarded as pu nitive damages. B. The following definition is added Certified act of terrorism means an act that is certified by the Secretary of the Treasury in con currence with the Secretary of State and the Attor ney General of the United States to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act. The criteria contained in the Terror ism Risk Insurance Act for a certified act of terror ism include the following 1. The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act is a violent act or an act that is dan gerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian popu lation of the United States or to influence the policy or affect the conduct of the United States Government by coercion. CU 2136 0108 ISO Properties Inc. 2007 Page 10of 1 m | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 2186 05 14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY WITH LIMITED BODILY INJURY EXCEPTION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. Exclusion 2.t. of Section Coverage A Bodily As used in this exclusion electronic data Injury And Property Damage Liability is replaced by the following 2. Exclusions This insurance does not apply to t. Access Or Disclosure Of Confidential Or Personal Information And Data related Liability Damages 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 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 unless Paragraph 1 above applies this exclusion does not apply to damages because of bodily injury. 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. B. The following is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of 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. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of any access to or disclosure of any person s or organization s confidential or personal information 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. B. The following is added to Paragraph 2. Exclusions of Section Coverage B Personal And Advertising Injury Liability 2. Exclusions This insurance does not apply to Access Or Disclosure Of Confidential Or Personal Information Personal and advertising injury arising out of 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. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of any access to or disclosure of any person s or organization s confidential or personal information. CU 21860514 Insurance Services Office Inc. 2013 Page 1 of 1 | 2 |
COMMERCIAL LIABILITY UMBRELLA CU 24140900 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FELLOW EMPLOYEE AUTO COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART With respect to coverage provided for the ownership maintenance or use of covered autos the Coverage Form is modified as follows Paragraph 2.b.6 contained in Section Il Who Is An Insured does not apply. CU 241409 00 Copyright Insurance Services Office Inc. 2000 Page 1 of 1 a | 2 |
COMMERCIAL UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ASBESTOS EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The policy does not apply to bodily injury personal and advertising injury or property damage including any associated clean up obligations arising out of the installation existence removal or disposal of asbestos or any substance containing asbestos fibers. CU72728 06 Includes copyrighted material of ISO Properties Inc. with its permission. Page 1 of 1 | 2 |
COMMERCIAL UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO LIABILITY FOLLOW FORM This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Item 1 of exclusion f. Auto Coverages under Section Coverages Coverage A Bodily Injury and Property Damage Liability is replaced by the following 1 Bodily injury and property damage arising out of the ownership maintenance operation use including loading or unloading or entrustment to others of any auto unless coverage is provided by the insurance specifically listed on the Schedule of underlying insurance. In the event that the coverage provided by this policy applies to liability arising out of the ownership maintenance operation use including loading or unloading or entrustment to others of any auto then the coverage provided by this policy will not be broader than the coverage provided by the insurance specifically listed on the Schedule of underlying insurance. This exclusion does not apply to parking of an auto on or in the ways next to premises you own or rent provided the auto is not owned by rented or loaned to you. CU727312 10 Page 1 0f 1 | 2 |
COMMERCIAL LIABILITY UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL UMBRELLA AMENDMENT OF COVERAGE COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following paragraph is added to Section Coverages Coverage A Bodily Injury And Property Damage Liability 2. Exclusions Paragraph i.2 Pollution This exception does not apply at or from any oil gas lease premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations. Exclusion j. Aircraft or Watercraft under Section Coverages Coverage A Bodily Injury And Property Damage Liability 2. Exclusions is replaced by the following Bodily injury or property damage arising out of the ownership maintenance use entrustment to others or contractual agreement involving the use 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 entrustment to others or contractual agreement involving the use 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 51 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 watercraft 4. The extent that valid underlying insurance for the watercraft liability risks described above exists or would have existed but for the exhaustion of underlying insurance for bodily injury or property damage. This endorsement modifies insurance provided under the following To the extent this exclusion does not apply the insurance provided under this Coverage Form for the 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. Fellow Employee Section Il Who is an Insured is amended by adding the following Paragraph 1. b.1ai i and iii and paragraph 2. b.6 do not apply if valid coverage for injury to co employees andor volunteer workers is listed in the underlying insurance. The following paragraphs are added to Section 1l Limit of Insurance 6. The aggregate limit is the most we will pay for the sum of all ultimate net loss due to covered professional services. 7. Subject to Paragraph 6. above the each occurrence limit is the most we will pay for the sum of all ultimate net loss due to covered professional services arising out of any one occurrence. Duties in the Event of Occurrence Offense Claim or Suit. Paragraph 3.a. of the Duties in The Event Of Occurrence Offense Claim Or Suit Condition Section IV Conditions is replaced by the following 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. If you notify and underlying insurer of an occurrence or an offense involving bodily injury or personal and advertising injury you must see to it that we are also notified in writing as soon as practicable. 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 CUT2767 14 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f 2 | 2 |
F. Cond 3 The nature and location of any injury or damage arising out of the occurrence or offense. n 5. Other Insurance of Section IV Conditions is replaced by the following 5. Other Insurance G. Cond This insurance is excess over and shall not contribute with 1 any other valid and collectible insurance 2 seffinsurance or 3 deductible amounts whether such other insurance self insurance or deductible is stated to be primary contributing excess contingent or otherwise. This condition does not apply to a policy bought specifically to apply in excess of this insurance. 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 have the right but not the duty to undertake to do so but we will be entitled to the insured s rights against all those other insurers. n 6. Premium Audit of Section IV Conditions is replaced by the following 6. Premium Audit We will compute all premiums for this coverage part in accordance with our rules and rates. Your premium may be flat or adjustable subject to audit. The Declarations page will show which applies. If your premium is flat no additional premium is normally collected during the policy period unless there is a substantial change in type andor scope of your operations. If there is a substantial change in your operations and if there is an additional charge for your underlying insurance we have the right to charge an additional premium also. If your premium is adjustable we charge you the total advance premium as shown on the policy Declarations and then at the end of the policy period we review your records and determine final premium based upon the predetermined rate and exposure basis shown in the Declarations. Regardless of whether your premium is flat or adjustable the premium amount shown in the Declarations as the minimum will be the least amount that will be charged for this policy unless the policy is cancelled. 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. H. The following definitions under Section V Definitions are replaced by the following 19. Retained Limit means the available limits of all 24. 25. underlying insurance and the self insured retention whichever applies. Underlying Insurance includes a. any policies of insurance listed in the declarations under the Schedule of underlying insurance and b. any other insurance available to the insured whether primary excess excess umbrella umbrella or contingent and irrespective of whether the insured elects to call upon such insurance to respond but only when such other insurance provides the same type of coverage provided in the policies listed in the Schedule of underlying insurance. Underlying insurance does not include any policy which was purchased specifically to apply in excess of the limits of liability that apply under this policy. Underlying Insurer means any insurer which provides any policy of insurance falling within the definition of underlying insurance. CUT2767 14 Includes copyrighted material of ISO Properties Inc. with its permission. Page 2 0of 2 | 2 |
COMMERCIAL UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FOREIGN EXPOSURE FOLLOWING FORM This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM This policy does not apply to bodily injury property damage or personal and advertising injury arising out of any on going operations or bodily injury or property damage included within the products completed operations hazard outside of the United States of America including its territories and possessions Canada and Puerto Rico unless coverage is provided by underlying insurance. Coverage provided by this insurance will not be broader than the coverage provided by the underlying insurance. CU72938 06 Page 1 of 1 | 2 |
COMMERCIAL UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UMBRELLA LIABILITY AMENDMENT FOLLOWING FORM This endorsmenet modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM This endorsement does not apply to liability arising out of the following unless coverage is provided by underlying insurance. Coverage provided by this endorsement will not be broader than such underlying insurance. A. NEWLY ACQUIRED INTERESTS In paragraph 1.c.1 of SECTION Il WHO IS AN INSURED 90th day is changed to 180th day.. DUTIES IN THE EVENT OF OCCURRENCE CLAIM OR SUIT Paragraph 3. of SECTION IV CONDITIONS is amended by the following provision 1. The requirement in Condition 3.a. that you must see to it that we are notified as soon as practicable of an occurrence or an offense which may result in a claim applies only when the occurrence or offense is known to a. You if you are an individual or a limited liability company b. Apartner if you are a partnership c. A manager if you are a limited liability company d. An executive officer or insurance manager if you are a corporation or e. Atrustee if you are a trust. 2. The requirement in Condition 3.b. that you must see to it that we receive notice of a claim or suit as soon as practicable will not be considered breached unless the breach occurs after such claim or suit is known to a. You if you are an individual or a limited liability company b. A partner if you are a partnership c. A manager if you are a limited liability company d. An executive officer or insurance manager if you are a corporation or e. Atrustee if you are a trust. C. UNINTENTIONAL FAILURE TO DISCLOSE EXPOSURES Paragraph 7. REPRESENTATIONS OR FRAUD OF SECTION IV CONDITIONS is replaced as follows 7. REPRESENTATIONS OR FRAUD By accepting this policy you agree a. The statements in the Application are accurate and complete b. The information in underlying insurance is accurate and complete c. Those statements are based upon representations you made to us and d. We have issued this policy in reliance upon your representations. e. This policy may be voided in case of fraud or material misrepresentation by you. If you unintentionally fail to disclose any exposures existing at the inception date of your policy we will not deny coverage under this Coverage Part solely because of such failure to disclose. However this provision does not affect our right to collect additional premium or exercise our right of cancellation or non renewal. This provision does not apply to any known injury or damage which is excluded under any other provision of this policy. CU7404.110 08 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10of 1 | 2 |
COMMERCIAL UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION EXTERIOR INSULATION AND FINISH SYSTEMS OR DIRECT APPLIED EXTERIOR FINISH SYSTEMS COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM. This insurance does not apply to bodily injury or property damage included within the products completed operations hazard or personal and advertising injury arising out of caused by or attributable to whether in whole or in part the design manufacture construction fabrication preparation distribution and sale installation application alteration maintenance or repair including remodeling service correction or replacement of any exterior insulation and finish system or direct applied exterior finish system or any part thereof or any substantially similar system or any part thereof including the application or use of conditioners primers accessories flashings coatings caulking or sealants in connection with such a system.. The following definitions are added to the Definitions Section Exterior Insulation and Finish System means a non load bearing exterior cladding or finish system and all component parts therein used on any part of any structure and consisting of 1. A rigid or semi rigid insulation board made of expanded polystyrene or other materials This endorsement modifies insurance provided under this the following 2. The adhesive andor mechanical fasteners used to attach the insulation board to the substrate 3. Areinforced or unreinforced base coat 4. A finish coat providing surface texture to which color may be added and 5. Any flashing caulking or sealant used with the system for any purpose. Direct Applied Exterior Finish System means a non load bearing system and all component parts therein used on any part of any structure and consisting of 1. A rigid or semi rigid substrate such as Durock or other materials 2. The adhesive andor mechanical fasteners used to attach the substrate to the structure 3. Areinforced or unreinforced base coat 4. A finish coat providing surface texture to which color may be added and 5. Any flashing caulking or sealant used with the system for any purpose. CUT40510 08 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10of 1 | 2 |
This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF EMPLOYEE BENEFITS PROGRAM DEFINITION COMMERCIAL LIABILITY UMBRELLA COVERAGE ENDORSEMENT A. Paragraph G.4 of the Employee Benefits Liability Coverage Endorsement CU0403 is replaced by the following Employee benefit program means a program providing some or all of the following benefits to employees whether provided through a cafeteria plan or otherwise 4. Group life insurance group accident or health insurance dental vision prescription and hearing plans and flexible spending accounts provided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to those employees who satisfy the plan s eligibility requirements Profit sharing plans employee savings plans individual retirement account IRA plans employee stock ownership plans pension plans and stock subscription plans provided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to all employees who are eligible under the plan for such benefits c. Unemployment insurance social security benefits workers compensation and disability benefits Vacation plans including buy and sell programs leave of absence programs including military maternity family and civil leave tuition assistance plans transportation and health club subsidies and Any other similar benefits designated in the Schedule or added thereto by endorsement. CUT43110 08 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10of 1 | 2 |
COMMERCIAL LIABILITY UMBRELLA 20122013 COMMERCIAL LIABILITY UMBRELLA MULTISTATE FORMS REVISION ADVISORY NOTICE TO POLICYHOLDERS This is a summary of the major changes to your policy. No coverage is provided by this summary nor can it be construed to replace any provisions of your policy or endorsements. You should read your policy and review your Declarations page for complete information on the coverages you are provided. If there is any conflict between the policy and this summary THE PROVISIONS OF THE POLICY SHALL PREVAIL. The major areas within the policy that broaden or reduce coverage and other changes are highlighted below. This notice does not reference every editorial change made in your policy. We have followed the policy sequence of provisions in setting out this material. Please contact your agent to discuss any questions. Your right to cancel remains unchanged. CU 00 01 04 13 COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM I. INSURING AGREEMENT REDUCTIONS OF COVERAGE Coverage A and Coverage B Insuring Agreements are revised to add a provision stating that the insurance provided under this Coverage Form applies to injury or damage that is subject to an applicable retained limit. This revision also addresses how this Coverage Form applies with respect to any other limits including sublimits in the underlying insurance. This revision may result in a reduction of coverage if a limit of insurance in the underlying insurance is not specified in the Commercial Liability Umbrella Declarations under the Schedule of underlying insurance. Il. EXCLUSIONS A. BROADENING OF COVERAGE 1. Coverage A Exclusion 2.c. Liquor Liability is revised to provide an exception with respect to permit ting a person to bring alcoholic beverages onto the named insured s premises for consumption on the named insured s premises. 2. Coverage A Exclusion 2.t. Electronic Data is revised to introduce an exception for liability for damag es because of bodily injury. B. REDUCTIONS OF COVERAGE Coverage A Exclusion 2.s.2 and Coverage B Exclusion 2.a.15b Professional Services are revised to reference that the exclusion applies to preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications. C. OTHER CHANGES 1. Coverage A Exclusion 2.c. Liquor Liability is revised to reinforce that the exclusion applies even if claims against an insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others or providing or failing to provide transportation with respect to any person that may be under the influence of alcohol. This exclusion is also revised to reinforce that the exclusion is follow form and may follow the provisions of the applicable underlying insurance. 2. Coverage A Exclusions 2.g. Employer s Liability 2.i. Pollution 2.j. Aircraft Or Watercraft and 2.t. Electronic Data are revised to reinforce certain follow form provisions with respect to these exclusions. 3. Coverage A Exclusion 2.s. and Coverage B Exclusion 2.a.15 Professional Services are revised to expressly address in part claims alleging negligence or other wrongdoing in the hiring employment training supervision or monitoring of others by any insured. Additionally Coverage A Exclusion s.11 and Coverage B Exclusion 15k are revised to delete the exception to the exclusion pertaining to the services in the practice of pharmacy. 4. Coverage A Exclusion 2.u. and Coverage B Exclusion 2.a.17 Recording And Distribution Of Material Or Information In Violation Of Law addressing injury or damage arising out of any action or omission that violates or is alleged to violate certain statutes ordinances and regulations were previous ly added to your policy via mandatory endorsement. This exclusion has been incorporated directly into your policy. Ccu831712 13 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f5 | 2 |
5. Coverage B Exclusion 2.a.2 and 2.a.3 Material Published With Knowledge Of Falsity and Material Published Prior To Policy Period are revised to reference in any manner with respect to oral or written publication for consistency with the definition of personal and advertising injury. 6. Who Is An Insured This provision is revised to provide that if coverage provided to the additional insured is required by contract or agreement the most the insurer will pay on behalf of the additional in sured is the amount of insurance required by the contract or agreement less any amounts payable by underlying insurance or the amount of insurance available under the applicable Limits of Insurance shown in the Declarations whichever is less. This provision is also revised to reinforce an exception with regard to liability arising out of the owner ship maintenance or use of a covered auto concerning employees to expressly address bodily injury to the spouse child parent brother or sister of a fellow employee. 7. Condition 2. Bankruptcy is revised to reinforce that bankruptcy or insolvency of the underlying insurer will not relieve us of our obligations. 1ISO MULTISTATE ENDORSEMENTS BROADENING OF COVERAGE 1. Electronic Data Liability Endorsement CU0402 is revised to introduce an exception to the electronic data exclusion in order to provide that the exclusion does not apply to liability for damages because of bodily injury. Druggists Endorsement CU2220 is revised to introduce an exception with respect to the administering of vaccinations. REDUCTIONS OF COVERAGE 1. Liquor Liability Exclusion Endorsements The following endorsements are revised to indicate that the liquor liability exclusion applies with respect to a named insured permitting any person to bring any alcoholic beverages on the named insured s premises for consumption on the named insured s premises CU2113 Amendment Of Liquor Liability Exclusion CU2114 Amendment Of Liquor Liability Exclusion Exception For Scheduled Premises Or Activities Exclusion Cross Suits Liability Endorsement CU2126 is introduced to exclude coverage under both Coverage A and Coverage B for any claim or suit for damages due to bodily injury property damage or personal and advertising injury that is brought by any named insured under the policy against another named insured under the policy. Amendment Of Personal And Advertising Injury Definition Endorsement CU2413 is introduced to remove from the definition of personal and advertising injury the offense of oral or written publication in any manner of material that violates a person s right of privacy. OTHER CHANGES 1. Exclusion Intercompany Products Suits Endorsement CU2108 is revised for consistency with the wording of Exclusion Cross Suits Liability Endorsement CU2126. Liquor Liability Exclusion Endorsements The following endorsements are revised to reinforce that the exclusion applies even if claims against an insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others or providing or failing to provide transportation with respect to any person that may be under the influence of alcohol CU2113 Amendment Of Liquor Liability Exclusion CU2114 Amendment Of Liquor Liability Exclusion Exception For Scheduled Premises Or Activities Professional Services Endorsements a. The following endorsements are revised to expressly address in part claims alleging negligence or other wrongdoing in the hiring employment training supervision or monitoring of others by any insured CU2115 Exclusion Financial Services CU2175 Exclusion Insurance And Related Operations CU2218 Optical And Hearing Aid Establishments Includes copyrighted material of ISO Properties Inc. with its permission. CUB3712 13 Page 2 of 5 | 2 |
CU2220 Druggists CU2263 Druggists Broadened Coverage CU2284 Exclusion Testing Or Consulting Errors And Omissions CU2285 Exclusion Internet Service Providers And Internet Access Providers Errors And Omissions CU2286 Professional Liability Exclusion Web Site Designers b. The following endorsements are introduced to explicitly reinforce excluded coverage for certain profes sional services. In addition these new endorsements expressly exclude coverage with respect to claims alleging negligence or other wrongdoing in the hiring employment training supervision or monitoring of others by any insured CU2141 Exclusion Counseling Services CU2149 Exclusion Professional Veterinarian Services CU2159 Exclusion Diagnostic Testing Laboratories CU2268 Exclusion Professional Services Blood Banks CU2283 Professional Liability Exclusion Computer Software CU2293 Professional Liability Exclusion Computer Data Processing CU2294 Professional Liability Exclusion Electronic Data Processing Services And Computer Consulting Or Programming Services 4. Exclusion Failure To Supply Endorsement CU2209 is revised to expressly state that the exclusion applies to the failure of any insured to adequately supply biofuel. 5. Businessowners Liability Changes Endorsement CU2429 is introduced to modify the Commercial Liability Umbrella Coverage Form to promote greater compatibility with respect to limits of insurance related to an underlying Businessowners Policy. The endorsement provides in part that ultimate net loss because of bodily injury property damage and personal and advertising injury is subject to the Each Occurrence Limit. 6. Amendment Of Insured Contract Definition Endorsement CU2430 and Limited Contractual Liability Railroads Endorsement CU2431 are revised to reflect that the defined term insured contract addresses certain liability assumed by the named insured with respect to the tort liability of another party to the extent the assumption of tort liability is permitted by law. 7. Underlying Claims made Coverage Endorsement CU2700 is revised to reference in any manner with respect to oral or written publication for consistency with the definition of personal and advertising injury in the Commercial Liability Umbrella Coverage Form. 8. Extended Reporting Period Endorsement For Employee Benefits Liability Coverage Endorsement CU2710 is revised to address certain extended reporting period provisions of Employees Benefits Liability Coverage Endorsement CU0403. EMC MULTISTATE ENDORSEMENTS OTHER CHANGES 1. Commercial Amendment of Coverage Endorsements CU7276 and CU7276.1 have been amended per the following We have removed the Coverage A and Coverage B Insuring Agreements formerly Paragraphs A. and C. and the amendments to the Insuring Agreements Paragraphs B. and D. because the sentence We will have no duty to defend any suit that any other insurer has a duty to defend has been moved to the Other Insurance section. Due to this change there is no need to include these Insuring Agreements within these endorsements as it is now a duplication of the Insuring Agreements found in the Commercial Liability Umbrella Coverage Form. We are relettering several paragraphs for readability purposes. New Paragraph A. is the same as former Paragraph E. new Paragraph C. is the same as former Paragraph N. new Paragraph D. is the same as former Paragraph ew Paragraph F. is the same as former Paragraph P. new Paragraph H. is the same as former Paragraph J. new Paragraph I. is the same as former Paragraph L. and new Paragraph J. is the same as former Paragraph M. We have replaced the Aircraft or Watercraft Exclusion formerly Paragraph F.. We have restructured it by removing the additional numbering which is not necessary. Although the formatting has changed there is no change in the actual wording itself. We have also added one additional paragraph which states that if this exclusion does not apply to watercraft risks then coverage for those risks will follow the same provisions exclusions and limitations that are contained in the underlying coverage. This is a clarification of underwriting intent however some may view this as a reduction in coverage. CU831712 13 Includes copyrighted material of ISO Properties Inc. with its permission. Page 30f 5 Page 30f 5 | 2 |
We have removed the Professional Services Exclusions formerly Paragraphs G. and 1. as they are a duplication of each other and the Professional Services Exclusion found in the Commercial Liability Umbrella Coverage Form. We have removed the Electronic Data Exclusion formerly Paragraph H. as it is a duplication of the Electronic Data Exclusion found in the Commercial Liability Umbrella Coverage Form. We have added new language to the Limits of Insurance section of the Commercial Liability Umbrella Coverage Form. The new language specifically addresses how the policy will pay for any covered professional services claims. This is a clarification of underwriting intent however some may view this as a reduction in coverage. We are revising the Other Insurance Condition Paragraph 5. by removing subparagraph c. as this is a duplication of wording already found in the Commercial Liability Umbrella Coverage Form. We are also combining subparagraphs a. and b. and adding wording that was formerly found under this endorsement s Insuring Agreements. 2. Commercial Amendment of Coverage Endorsement CU7276.3 has been amended per the following We have removed the Coverage A and Coverage B Insuring Agreements formerly Paragraphs A. and C. and the amendments to the Insuring Agreements Paragraphs B. and D. because the sentence We will have no duty to defend any suit that any other insurer has a duty to defend has been moved to the Other Insurance section. Due to this change there is no need to include these Insuring Agreements within this endorsement as it is now a duplication of the Insuring Agreements found in the Commercial Liability Umbrella Coverage Form. We are relettering several paragraphs for readability purposes. New Paragraph B. is the same as former Paragraph M. new Paragraph C. is the same as former Paragraph N. new Paragraph E. is the same as former Paragraph O. new Paragraph G. is the same as former Paragraph I. new Paragraph H. is the same as former Paragraph K. new Paragraph. is the same as former Paragraph L. We have replaced the Aircraft or Watercraft Exclusion formerly Paragraph E.. We have restructured it by removing the additional numbering which is not necessary. Although the formatting has changed there is no change in the actual wording itself. We have also added one additional paragraph which states that if this exclusion does not apply to watercraft risks then coverage for those risks will follow the same provisions exclusions and limitations that are contained in the underlying coverage. This is a clarification of underwriting intent however some may view this as a reduction in coverage. We have removed the Professional Services Exclusions formerly Paragraphs F. and H. as they are a duplication of each other and the Professional Services Exclusion found in the Commercial Liability Umbrella Coverage Form. We have removed the Electronic Data Exclusion formerly Paragraph G. as it is a duplication of the Electronic Data Exclusion found in the Commercial Liability Umbrella Coverage Form. We have added new language to the Limits of Insurance section of the Commercial Liability Umbrella Coverage Form. The new language specifically addresses how the policy will pay for any covered professional services claims. This is a clarification of underwriting intent however some may view this as a reduction in coverage. We are revising the Other Insurance Condition Paragraph 5. by removing subparagraph c. as this is a duplication of wording already found in the Commercial Liability Umbrella Coverage Form. We are also combining subparagraphs a. and b. and adding wording that was formerly found under this endorsement s Insuring Agreements. EMC STATE SPECIFIC ENDORSEMENTS OTHER CHANGES Commercial Umbrella Amendment of Coverage Wisconsin Schools CG7276.4 has been amended per the following We have removed the Coverage A and Coverage B Insuring Agreements formerly Paragraphs A. and C. and the amendments to the Insuring Agreements Paragraphs B. and D. because the sentence We will have no duty to defend any suit that any other insurer has a duty to defend has been moved to the Other Insurance section. Due to this change there is no need to include these Insuring Agreements within this endorsement as it is now a duplication of the Insuring Agreements found in the Commercial Liability Umbrella Coverage Form. We are relettering several paragraphs for readability purposes. New Paragraph A. is the same as former Paragraph E. new Paragraph C. is the same as former Paragraph I. new Paragraph D. is the same as former Paragraph O. new Paragraph E. is the same as former Paragraph P. new Paragraph G. is the same as former Paragraph Q. new Paragraph H. is the same as former Paragraph L. new Paragraph I. is the same as former Paragraph K. new Paragraph J. is the same as former Paragraph M. and new Paragraph K. is the same as former Paragraph N. Includes copyrighted material of ISO Properties Inc. with its permission. CUB3712 13 Page 4 of 5 | 2 |
We have replaced the Aircraft or Watercraft Exclusion formerly Paragraph F.. We have restructured it by removing the additional numbering which is not necessary. Although the formatting has changed there is no change in the actual wording itself. We have also added one additional paragraph which states that if this exclusion does not apply to watercraft risks then coverage for those risks will follow the same provisions exclusions and limitations that are contained in the underlying coverage. This is a clarification of underwriting intent however some may view this as a reduction in coverage. We have removed the Professional Services Exclusions formerly Paragraphs G. and J. as they are a duplication of each other and the Professional Services Exclusion found in the Commercial Liability Umbrella Coverage Form. We have removed the Electronic Data Exclusion formerly Paragraph H. as it is a duplication of the Electronic Data Exclusion found in the Commercial Liability Umbrella Coverage Form. We have added new language to the Limits of Insurance section of the Commercial Liability Umbrella Coverage Form. The new language specifically addresses how the policy will pay for any covered professional services claims. This is a clarification of underwriting intent however some may view this as a reduction in coverage. We are revising the Other Insurance Condition Paragraph 5. by removing subparagraph c. as this is a duplication of wording already found in the Commercial Liability Umbrella Coverage Form. We are also combining subparagraphs a. and b. and adding wording that was formerly found under this endorsement s Insuring Agreements. Includes copyrighted material of ISO Properties Inc. with its permission. Ccu831712 13 Page 50f 5 | 2 |
COMMERCIAL LIABILITY UMBRELLA ADVISORY NOTICE TO POLICYHOLDERS This Notice summarizes coverage changes that may affect your Commercial Liability Umbrella Coverage. No coverage is provided by this summary nor can it be construed to replace any provisions of your policy or endorsements. You should read your policy and review your Declarations page for complete information on the coverages you are provided. If there is any conflict between the policy and this summary THE PROVISIONS OF THE POLICY SHALL PREVAIL. Please contact your agent to discuss any questions. Your right to cancel remains unchanged. Broadening of Coverage CU7426 07 14 Dealers Endorsement CU7426.1 07 14 Louisiana Dealers Endorsement CU7426.2 07 14 Ohio Dealers Endorsement CU7426.3 07 14 Texas Dealers Endorsement Paragraph A.1.a. in Section Bodily Injury And Property Damage Liability has been added to track with the applicable portion of the corresponding Care Custody Or Control Exclusion in the underlying Garage Coverage Form. Paragraph A.2.c. was added. Leased Autos were previously excluded with the exception of a covered auto you rent to one of your customers while their auto is left with you for service or repair. In the revised form we have added two additional exceptions to the Leased Auto exclusion to include a covered auto you lease or rent to a salesman for use principally in your business and Leased autos if covered by underlying insurance. Section Il Who Is An Insured has been revised to expressly provide that employees are insureds while using a covered auto you do not own hire or borrow in your business or personal affairs. Paragraph A.1. in Section Ill Definitions has been revised to eliminate reference to electronic data. CU7426.4 07 14 Wisconsin Dealers Endorsement CU7426.5 07 14 New Hampshire Dealers Endorsement Paragraph A.2.c. was added. Leased Autos were previously excluded with the exception of a covered auto you rent to one of your customers while their auto is left with you for service or repair. In the revised form we have added two additional exceptions to the Leased Auto exclusion to include a covered auto you lease or rent to a salesman for use principally in your business and Leased autos if covered by underlying insurance. Reduction of Coverage CU 0402 05 14 Electronic Data Liability Endorsement For Use With The Commercial Liability Umbrella Coverage Part With respect to damages arising out of access or disclosure of confidential or personal information when this endorsement is attached to your policy e Under Coverage A Bodily Injury And Property Damage Liability coverage is excluded for damages arising out of any access to or disclosure of confidential or personal information. This is a reinforcement of cover age. e Under Coverage B Personal And Advertising Injury Liability coverage is excluded for personal and advertising injury arising out of any access to or disclosure of confidential or personal information. To the extent that any access or disclosure of confidential or personal information results in an oral or written publication that violates a person s right of privacy this may result in a reduction in coverage. CUB3197 14 Includes copyrighted material of ISO Properties Inc. with its permission. Page 10f3 Page 10f3 | 2 |
CU 2186 05 14 Exclusion Access Or Disclosure Of Confidential Or Personal Information And Data related Liability With Limited Bodily Injury Exception For Use With The Commercial Liability Umbrella Coverage Part. When this endorsement is attached to your policy Under Coverage A Bodily Injury And Property Damage Liability coverage is excluded for damages arising out of any access to or disclosure of confidential or personal information. This is a reinforcement of cover age. Under Coverage B Personal And Advertising Injury Liability coverage is excluded for personal and advertising injury arising out of any access to or disclosure of confidential or personal information. To the extent that any access or disclosure of confidential or personal information results in an oral or written publication that violates a person s right of privacy this may result in a reduction in coverage. CU 2187 05 14 Exclusion Access Or Disclosure Of Confidential Or Personal Information And Data related Liability Limited Bodily Injury Exception Not Included For Use With The Commercial Liability Umbrella Coverage Part. When this endorsement is attached to your policy Under Coverage A Bodily Injury And Property Damage Liability coverage is excluded for damages arising out of any access to or disclosure of confidential or personal information. This is a reinforcement of cover age. However when this endorsement is attached it will result in a reduction of coverage due to the deletion of an exception with respect to damages because of bodily injury out of loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. Under Coverage B Personal And Advertising Injury Liability coverage is excluded for personal and advertising injury arising out of any access to or disclosure of confidential or personal information. To the extent that any access or disclosure of confidential or personal information results in an oral or written publication that violates a person s right of privacy this may result in a reduction in coverage. CU 2188 05 14 Exclusion Access Or Disclosure Of Confidential Or Personal Information Coverage B Only For Use With The Commercial Liability Umbrella Coverage Part When this endorsement is attached to your policy coverage is excluded for personal and advertising injury arising out of any access to or disclosure of confidential or personal information. To the extent that any access or disclosure of confidential or personal information results in an oral or written publication that violates a person s right of privacy this may result in a reduction in coverage. CU7426 07 14 Dealers Endorsement CU7426.1 07 14 Louisiana Dealers Endorsement CU7426.2 07 14 Ohio Dealers Endorsement CU7426.3 07 14 Texas Dealers Endorsement CU7426.4 07 14 Wisconsin Dealers Endorsement CU7426.5 07 14 New Hampshire Dealers Endorsement In Paragraph A.2. new exclusions were added that apply to Bodily Injury Property Damage Personal and Advertising Injury Liability. These exclusions include Liability of others assumed by you under any contract or agreement for goods or products sold handled or distributed by you. The performance or nonperformance of any clerical or professional function or duty in the conduct of your business as a loan financier insurance agent insurance broker insurance consultant safety consultant or claims handler. The ownership maintenance use including loading or unloading operation or entrustment to another of any leased auto with exceptions. When an exception to the Leased Autos exclusion applies we have clarified that the coverage does not apply to liability of any person or organization to whom an auto has been leased. Also a definition for Leased Autos has been added to Paragraph B. in Section Ill Definitions. Note For those policies that had CU7274 Auto Truck Motorcycle Dealers Endorsement the coverages andor exclusions provided under CU7274 Auto Truck Motorcycle Dealers Endorsement are being incorporated into CU7426 Dealers Endorsement since CU7274 Auto Truck Motorcycle Dealers Endorsement is being withdrawn. CUB3197 14 Page 20f 3 Includes copyrighted material of ISO Properties Inc. with its permission. | 2 |
In the revised CU 7426 Dealers Endorsement we have clarified that the exclusion of liability of others assumed by you under contract or agreement for goods or products sold handled or distributed by you apply to Bodily Injury Property Damage and Personal and Advertising Injury Liability. We also added a definition for Leased Autos that conforms to the definition provided in the underlying auto endorsement. These clarifications could be deemed as a reduction in coverage depending on coverage interpretation. Other Change CU7276 07 14 Commercial Umbrella Amendment of Coverage CU7276.1 07 14 Louisiana Commercial Umbrella Amendment of Coverage CU7276.3 07 14 Vermont Commercial Umbrella Amendment of Coverage CU7276.4 07 14 Commercial Umbrella Amendment of Coverage Wisconsin Schools Your underlying commercial auto policy is being revised including revised definitions for mobile equipment and auto. As a result we are deleting references to the prior definitions within our endorsement. We are also deleting our amendment to Section Il Who Is An Insured in this endorsement as with these changes mobile equipment registered under any motor vehicle insurance law will now be considered an auto. CU7426 07 14 Dealers Endorsement CU7426.1 07 14 Louisiana Dealers Endorsement CU7426.2 07 14 Ohio Dealers Endorsement CU7426.3 07 14 Texas Dealers Endorsement CU7426.4 07 14 Wisconsin Dealers Endorsement CU7426.5 07 14 New Hampshire Dealers Endorsement Your underlying Garage Coverage Form has been revised to reflect that only auto and trailer dealer risks are eligible to be written under this form. For consistency with the changes to your underlying policy this endorsement has been revised to remove the parking or storing references since auto dealers are not in the business of parking or storing autos. This endorsement has been revised to remove reference to if your business is shown in the Declarations as an auto dealership. Lastly the endorsement has been renamed from Garage to Dealers Endorsement because of the applicable policies to which it should be attached and because coverages within former endorsement CU7274 Auto Truck Motorcycle Dealers Endorsement are being integrated. CU7426.4 Wisconsin Dealers Endorsement Paragraph B.2.b4 is being revised in response to 2011 Wisconsin Act 14 former A.B.4 to reflect the new minimum liability limits as a result of the changes under Sections 3 and through 10 of the law. In addition statutory reference to WIS. STAT. Section 344.01 2am are replaced with WIS STAT. ch.344 in which the minimum liability limits are contained. CU83197 14 Page 30f 3 Includes copyrighted material of ISO Properties Inc. with its permission. | 2 |
COMMERCIAL INTERLINE KANSAS COMPANY ELIMINATION ENDORSEMENT The Kansas Insurance Department requires the company to explain by this endorsement that Employers Mutual Casualty Company is licensed to do insurance business in Kansas but EMCASCO Insurance Company Union Insurance Company of Providence EMC Property Casualty Company Dakota Fire Insurance Company lllinois EMCASCO Insurance Company and Hamilton Mutual Insurance Company are either not licensed companies in Kansas or are not authorized to provide the insurance afforded by this policy and reference to such is hereby deleted from the policy. This endorsement in no way affects the coverage under the policy bond to which it is attached but is intended only to clarify the name of the issuing company. L76051 08 Page 1 0f 1 | 2 |
DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT 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. SCHEDULE Terrorism Premium Certified Acts A. Premium through end of year 1231 B. Premium beyond the date specified above Refer to Paragraph D. in this endorsement. If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. A. Disclosure Of Premium C. Cap On Insurer Participation In Payment Of 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 the Terrorism Risk Insurance Act. The portion of your premium attributable to such coverage is shown in the Schedule of this disclosure or in the policy Declarations.. 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. 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. 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 in of the schedule shall be attributable to that coverage for terrorism. The following is required as 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. 1L8383.51 08 Page 10f 1 | 2 |
CHUBB cChubb Commercial Excess And Umbrella Insurance Premium Bill Policy Period Effective Date Policy Number Insured DECEMBER 152020 To DECEMBER 152021 DECEMBER 15 2020 7818 91 43 RUBY RIBBON INC Name of Company FEDERAL INSURANCE COMPANY Date Issued December 17 2020 Producer MYLO LLC THIS BILLING IS TO BE ATTACHED TO AND FORM A PART OF THE POLICY PLEASE SEND PAYMENT DIRECTLY TO CHUBB IF APPLICABLE Coverage Premium 3127.00 Commercial Umbrella Total 3127.00 Portion of total premium attributable for Terrorism and statutory standard fire where applicable is 31.00 Form 07 10 0542 Ed. 10 06 Premium Bill Page 10of 1 | 2 |
cHUBB NOTICE TO POLICYHOLDERS Enclosed is your commercial insurance policy from Chubb. The bill that corresponds with this policy has been mailed separately. When you receive the bill please pay the amount due by the date indicated. Payment should be made directly to Chubb. As always prompt payment will keep your coverage in place. If you have any questions about the attached policy or need assistance with additional insurance contact your agent or broker. For questions about billing call our Premium Accounting Service Center at 1 800 372 4822. Thank you for insuring through Chubb. Form 99 10 0460 Ed. 2 97 Notice Page 10of 1 | 2 |
cHUBB IMPORTANT NOTICE TO POLICYHOLDERS TERRORISM RISK INSURANCE ACT This Important Notice is being provided with your policy to further satisfy the disclosure requirements of the Terrorism Risk Insurance Act. At the time you received the written offer for this policy we provided you with an Important Notice to Policyholders indicating that the insurance provided in your policy for losses caused by certain acts of terrorism as defined in the Terrorism Risk Insurance Act would be partially reimbursed by the United States of America pursuant to the formula st forth in the Terrorism Risk Insurance Act. In addition as required by the Terrorism Risk Insurance Act we indicated that we would make available insurance for such losses in the same manner as we provide insurance for other types of losses specified the premium we would charge if any for providing such insurance and except to the extent prohibited by law gave you the opportunity to reject such insurance and have a terrorism exclusion sublimit or other limitation included in your policy. This Important Notice refers back to that Important Notice and provides information about your decision and the manner in which your policy has been subsequently modified. If You rejected terrorism insurance under the Terrorism Risk Insurance Act your policy includes the appropriate amendatory endorsements. You did not reject terrorism insurance under the Terrorism Risk Insurance Act the premium charged for your policy including that portion applicable to terrorism insurance under the Terrorism shown in your policy. To the extent your policy includes a limitation on terrorism insurance it has been modified so that such limitation does not apply to terrorism insurance under the Terrorism Risk Insurance Act. Please carefully review your policy and the Important Notice previously provided to you for further details. Please remember that only the terms of your policy establish the scope of your insurance protection. Please note that if your policy. provides commercial property insurance in a jurisdiction that has a statutory standard fire policy the premium we charge for terrorism insurance under the Terrorism Risk Insurance Act includes an amount attributable to the insurance provided pursuant to that standard fire policy. Rejection of such statutory insurance is legally prohibited. is aworkers compensation policy rejection of insurance for terrorism is legally prohibited. If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a calendar year the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a calendar year and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. Form 99 10 0732 Rev. 1 15 Important Notice Page 10of 1 | 2 |
cHUBB IMPORTANT NOTICE TO POLICYHOLDERS This Important Notice is not your policy. Please read your policy carefully to determine your rights duties and what is and what is not covered. Only the provisions of your policy determine the scope of your insurance protection. THIS IMPORTANT NOTICE PROVIDES INFORMATION CONCERNING POSSIBLE IMPACT ON YOUR INSURANCE COVERAGE DUE TO COMPLIANCE WITH APPLICABLE TRADE SANCTION LAWS. PLEASE READ THIS NOTICE CAREFULLY. Various trade or economic sanctions and other laws or regulations prohibit us from providing insurance in certain circumstances. For example the United States Treasury Department s Office of Foreign Asset Control OFAC administers and enforces economic and trade sanctions and places restrictions on transactions with foreign agents front organizations terrorists terrorists organizations and narcotic traffickers. OFAC acts pursuant to Executive Orders of the President of the United States and specific legislation to impose controls on transactions and freeze foreign assets under United States jurisdiction. To learn more about OFAC please refer to the United States Treasury s web site at httpwww.treas.govofac. To the extent that you or any other insured or any person or entity claiming the benefits of this insurance has violated any applicable sanction laws this insurance will not apply. We have added a condition or section that applies to the entire policy called Compliance With Applicable Trade Sanctions which stipulates that your insurance policy does not apply to the extent that trade or economic sanctions or other laws or regulations prohibit us from providing insurance. Form 99 10 0792 Ed. 9 04 Important Nofice Page 10f 1 | 2 |
cHUBB POLICYHOLDER NOTICE All of the members of the Chubb Group of Insurance companies doing business in the United States hereinafter Chubb distribute their products through licensed insurance brokers and agents producers. Detailed information regarding the types of compensation paid by Chubb to producers on US insurance transactions is available under the Producer Compensation link located at the bottom of the page at www.chubb.com or by calling 1 866 588 9478. Additional information may be available from your producer. Thank you for choosing Chubb. Form 99 10 0872 Ed. 6 07 Policyholder Notice Page 10of 1 | 2 |
cHUBB Chubb Commercial Excess And Umbrella Insurance Declarations Chubb Group of Insurance Companies 202B Hall s Mill Road Whitehouse Station NJ 08889 Policy Number 7818 91 43 Issued by the stock insurance company indicated below herein called the company. FEDERAL INSURANCE COMPANY Incorporated under the laws of INDIANA Named Insured and Mailing Address RUBY RIBBON INC 856 MITTEN ROAD SUITE 101 BURLINGAME CA 94010 Producer No. Z05420 0045720 Incorporated Producer MYLO LLC 8880 WARD PARKWAY STE200 KANSAS CITY MO 64114 0000 Policy Period From DECEMBER 15 2020 To DECEMBER 152021 1201 A.M. standard time at the Named Insured s mailing address shown above. Premium 3127.00 Limits Of Insurance Excess Coverage Other Aggregate Limit as applicable 2000000 Umbrella Coverages Aggregate Limit 2000000 Products Completed Operations Aggregate Limit 2000000 Advertising Injury and Personal Injury Aggregate Limit 2000000 Each Occurrence Limit 2000000 2000000 2000000 2000000 2000000 2000000 Authorization In Witness Whereof the company issuing this policy has caused this policy to be signed by its authorized officers but this policy shall not be valid unless also signed by a duly authorized representative of the company. FEDERAL INSURANCE COMPANY AL 7 f Gt 4 Fwg Secretary President Q B Authorized Representative g Date December 17 2020 Chubb Insured j Chubb. Insured. Chubb Commercial Excess And Umbrella Insurance. Form 07 02 2267 Ed. 2 09 Declarations Page 10f 1 | 2 |
CHUBB chubb Commercial Excess And Umbrella Insurance Schedule Of Underlying Insurance DECEMBER 15 2020 7818 91 43 RUBY RIBBON INC P Effective Date DECEMBER 15 2020 Policy Number 7818 91 43 Insured RUBY RIBBON INC Description Commercial General Liability Insurer FEDERAL INSURANCE COMPANY Policy No. 3605 77 13 Policy Period 12152020 to 12152021 Occurrence Limits 1000000 2000000 2000000 1000000 Each Occurrence General Aggregate Products Completed Operations Aggregate Personal and Advertising Injury aggregate when applicable Foreign Employer s Liability Insurer FEDERAL INSURANCE COMPANY Policy No. 3605 77 13 Policy Period 12152020 to 12152021 1000000 Each Accident 1000000 Each Policy 1000000 Each Employee Occurrence Chubb Commercial Excess and Umbrella Insurance Form 07 02 0922 Rev. 7 01 Schedule Of Underiying Insurance Page 107 2 | 2 |
CHUBB chubb Commercial Excess And Umbrella Insurance Schedule Of Underlying Insurance DECEMBER 15 2020 7818 91 43 RUBY RIBBON INC P Effective Date DECEMBER 15 2020 Policy Number 7818 91 43 Insured RUBY RIBBON INC Description Foreign General Liability Insurer FEDERAL INSURANCE COMPANY Policy No. 3605 77 13 Policy Period 12152020 to 12152021 Limits 1000000 Each Occurrence 1000000 1000000 1000000 Aggregate Personal and Advertising Injury aggregate when applicable Products Completed Operations Aggregate Occurrence Non Owned Hired Auto Liability Insurer FEDERAL INSURANCE COMPANY Policy No. 7360 69 51 Policy Period 12152020 to 12152021 1000000 Each Accident Occurrence Authorization All other terms and conditions remain unchanged. Q B Authorized Representative Q December 17 2020 Chubb Commercial Excess and Umbrella Insurance Form 07 02 0922 Rev. 7 01 Schedule Of Underiying Insurance Page 201 2 | 2 |
CHUBB cChubb Commercial Excess And Umbrella Insurance Schedule Of Forms Policy Period Effective Date Policy Number Insured DECEMBER 152020 To DECEMBER 152021 DECEMBER 15 2020 7818 91 43 RUBY RIBBON INC Name of Company FEDERAL INSURANCE COMPANY Date Issued December 17 2020 Form Number As of the effective date printed above this is the Schedule Of Forms applicable to this policy PREMIUM BILL PREMIUM BILL DIRECT BILL NOTICE IMPORTANT NOTICE TO POLICYHOLDERS TRIA 2002 IMPORTANT NOTICE OFAC AOD IMPORTANT POLICYHOLDER NOTICE COMMERCIAL EXCESS AND UMBRELLA DECLARATIONS SCHEDULE OF UNDERLYING INSURANCE CHUBB COMMERCIAL EXCESS UMBRELLA INSURANCE COMPLIANCE WITH APPLICABLE TRADE SANCTIONS CA CANCELLATION AND WHEN WE DO NOT RENEW COVERAGE CRISIS ASSISTANCE EXCESS AND UMB CARE CONTROL OR CUSTODY POLICY EXCLUSION FOREIGN LIABILITY EXCL. BI PD AI PI COV. B PROFESSIONAL SERVICES EXCL PERSONAL INJURY EXCLUSION COV. B POLLUTION EXCL. EXCESS FOLLOW FORM COV. A BIOLOGICAL AGENTS EXCL. POL DEF PERSONAL INJURY PRIVACY ELIMINATED CAP ON CERTIFIED TERRORISM LOSSES POL EXCL INFO LAWS INCL UNAUT OR UNSOL COMMUN EXCL. ASBESTOS SILICA SIM CMPDS MIXED DUST COV B EXCL INTELLECTUAL PROP LAWS OR RIGHTS CRISIS ASSISTANCE SERVICE PROVIDERS POLICY EXCL LOSS OF USE OF ELECTRONIC DATA EXCL UMB COV B ACCES DISCL CONFID PERS INFO Chubb Commercial Excess And Umbrella Insurance 07 10 0542 07 10 05421 99 10 0460 99 10 0732 99 10 0792 99 10 0872 07 02 2267 07 02 0922 07 02 0815 07 02 1988 07 02 2022 07 02 2440 07 02 0837 07 02 0861 07 02 0864 07 02 0884 07 02 0885 07 02 1692 07 02 1944 07 02 1961 07 02 2172 07 02 2194 07 02 2420 07 02 2455 07 02 2500 07 02 2614 1006 1006 0297 0115 0904 0607 0209 0701 0701 0204 0602 1210 0701 0701 0701 0701 0701 0701 1002 0115 0113 0405 0510 1210 0512 0317 Form 07 02 0822 Rev. 7 01 Schedule Of Forms Page 10f 2 | 2 |
COVERAGE B EXCLUSION WAR 07 02 2735 0317 Chubb Commercial Excess And Umbrella Insurance Form 07 02 0822 Rev. 7 01 Schedule Of Forms Page 2 of 2 | 2 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Table Of Contents ravic Ul CUINCTrits Section Coverage Excess Follow Form Coverage A Coverages Umbrella Coverage B Investigation Defense And Settlements Supplementary Payments Coverage Territory Who Is An Insured Excess Follow Form Coverage A Who Is An Insured Umbrella Coverage B Limits Of Insurance When Excess Follow Form Coverage A Applies Drop Down Exclusions Excess Follow Form Coverage A Exclusions Umbrella Coverage B Policy Exclusions Conditions Definitions Umbrella Coverage B Policy Definitions Page No. N 33556668mm11N.Z.v Form 07 02 0875 Rev. 7 01 Contract Page 10732 | 2 |
THIS PAGE INTENTIONALLY LEFT BLANK Form 07 02 0875 Rev. 7 01 Contract Page 20f 32 | 2 |
cCHUBB Chubb Commercial Excess And Umbrella Insurance Contract Please read the entire policy carefully. The terms and conditions of this insurance include the various sections of this contract Coverages Investigation Defense And Settlements Supplementary Payments Coverage Territory Who Is An Insured Limits Of Insurance When Excess Follow Form Coverage A Applies Drop Down Exclusions Conditions and Definitions as well as the Declarations and any Endorsements and Schedules made a part of this insurance. Throughout this contract the words you and your refer to the Named Insured shown in the Declarations and other persons or organizations qualifying as a Named Insured under this contract. The words we us and our refer to the Company providing this insurance. In addition to the Named Insured other persons or organizations may qualify as insureds. Those persons or organizations and the conditions under which they qualify are identified in the Who Is An Insured section of this contract. Words and phrases that appear in bold print have special meanings and are defined in the section of this contract. Coverage Excess Follow Form Coverage A Subject to all of the terms and conditions applicable to Excess Follow Form Coverage A we will pay on behalf of the insured that part of loss to which this coverage applics which exceeds the applicable underlying limits. This coverage applies only if the triggering event that must happen during the policy period of the applicable underlying insurance happens during the policy period of this insurance. This coverage will follow the terms and conditions of underlying insurance described in the Schedule Of Underlying Insurance unless a term or condition contained in this coverage differs from any term or condition contained in the applicable underlying insurance or isnot contained in the applicable underlying insurance. With respect to such exceptions described above the terms and conditions contained in this coverage will apply to the extent that such terms and conditions provide less coverage than the terms and conditions of the applicable underlying insurance. This coverage does not apply to any part of loss within underlying limits or any related costs or expenses. We have no obligation under this insurance with respect to any claim or suit settled without our consent. Other than as provided under the Investigation Defense And Settlements and Supplementary Payments sections of this contract we have no other obligation or liability to pay sums or perform acts or services under this coverage. Coverages Umbrella Coverage B Bodily Injury And Subject to all of the terms and conditions applicable to Umbrella Coverage B we will pay on Property Damage behalf of the insured loss by reason of liability Liability Coverage. imposed by law or. assumed in an insured contract Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 307 32 | 0 |
Coverages Umbrella Coverage B Bodily Injury And Property Damage Liability Coverage continued for bodily injury or property damage caused by an occurrence to which this coverage applies. This coverage applies only to such bodily injury or property damage that occurs during the policy period. Damages for bodily injury include damages claimed by a person or organization for care or loss of services resulting at any time from the bodily injury. This coverage does not apply to any part of A loss to which underlying insurance would apply regardless of whether or not 1. underlying insurance is available and 2. the applicable underlying limits have been exhausted B. loss to which underlying limits apply or C. any costs or expenses related to loss as described in paragraphs A. or B. above. We have no obligation under this insurance with respect to any claim or suit settled without our consent. Other than as provided under the Investigation Defense And Settlements and Supplementary Payments sections of this contract we have no other obligation or liability to pay sums or perform acts or services under this coverage. Subject to all of the terms and conditions applicable to Umbrella Coverage B we will pay on behalf of the insured loss because of liability imposed by law or assumed in an insured contract for advertising injury or personal injury to which this coverage applies. This coverage applies only to such advertising injury or personal injury caused by an offense that is first committed during the policy period. This coverage does not apply to any part of A loss to which underlying insurance would apply regardless of whether or not 1. underlying insurance is available and 2. the applicable underlying limits have been exhausted B. loss to which underlying limits apply or C. any costs or expenses related to loss as described in paragraphs A. or B. above. We have no obligation under this insurance with respect to any claim or suit settled without our consent. Other than as provided under the Investigation Defense And Settlements and Supplementary Payments sections of this contract we have no other obligation or liability to pay sums or perform acts or services under this coverage. Advertising Injury And Personal Injury Liability Coverage Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 40 32 | 1 |
cCHUBB Investigation Defense And Settlements Chubb Commercial Excess And Umbrella Insurance Subject to all of the terms and conditions of this insurance we will have the right and duty to defend the insured. under Excess Follow Form Coverage A against a suit in connection with loss to which such coverage applies if the applicable underlying limits have been exhausted by payment of judgments settlements or related costs or expenses if such costs or expenses reduce such limits or under Umbrella Coverage B against a suit to which such coverage applies even if such suit is false fraudulent or groundless. We have no duty to defend any person or organization against any claim or suit to which this insurance does not apply or ifany other insurer has a duty to defend. When we have the duty to defend we may at our discretion investigate any occurrence or offense and settle any claim or suit. In all other cases we may at our discretion participate in the investigation defense and settlement of any occurrence offense claim or suit. Our duty to defend any person or organization ends when we have used up the applicable Limit Of Insurance. Supplementary Payments Subject to all of the terms and conditions of this insurance under Excess Follow Form Coverage A or Umbrella Coverage B A we will pay with respect to a claim we investigate or settle or a suit against an insured we defend 1. 2. the expenses we incur. the cost of a. bail bonds or b. bonds required to 1 appeal judgment 2 release attachments but only for bond amounts within the available Limit Of Insurance. We do not have to furnish these bonds. reasonable expenses incurred by the insured at our request to investigation or defense of such claim or suit including actual lo t0 1000 a day because of time off from work. costs taxed against the insured in the suit except any a. attomey fees o litigation expenses or b. other loss cost or expense in connection with any injunction or other equitable relief. prejudgment interest awarded against the insured on that part of a judgment we pay. If we make an offer to pay the applicable Limit Of Insurance we will not pay any prejudgment interest based on that period of time after the offer. Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 50 32 | 1 |
Supplementary Payments continued 6. interest on the full amount of a 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. B. Supplementary Payments does not include any fine or other penalty. C. Supplementary Payments will not reduce the Limits Of Insurance. Our obligation to make these payments ends when we have used up the applicable Limit Of Insurance. Coverage Territory Excess Follow Form Coverage A Umbrella Coverage B With respect to Excess Follow Form Coverage A this insurance applies anywhere that the applicable underlying insurance applics. With respect to Umbrella Coverage B this insurance applies anywhere. Who Is An Insured With respect to Excess Follow Form Coverage A the following persons and organizations Excess Follow Form 9ulify as insureds Coverage A the Named Insured shown in the Declarations and other persons or organizations qualifying as an insured in underlying insurance but not beyond the extent of any limitation imposed under any contract or agreement. Who Is An Insured Umbrella Coverage B Sole Proprietorships With respect to Umbrella Coverage B the following persons and organizations qualify as insureds. If you are an individual you and your spouse are insureds but you and your spouse are insureds only with respect to the conduct of a business of which you are the sole owner. If you die. persons or organizations having proper temporary custody of your property are insureds but they are insureds only with respect to the maintenance or use of such property and only for acts until your legal representative has been appointed and. your legal representatives are insureds but they are insureds only with respect to their duties as your legal representatives. Such legal representatives will assume your rights and duties under this insurance. Partnerships Or Joint Ventures If you are a partnership including a limited liability partnership or a joint venture you are an insured. Your members your partners and their spouses are insureds but they are insureds only with respect to the conduct of your business. Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 6 o 32 | 1 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Who Is An Insured Umbrella Coverage B continued Limited Liability Companies 1f you are a limited liability company you are an insured. Your members and their spouses are insureds but they are insureds only with respect to the conduct of your business. Your managers are insureds but they are insureds only with respect to their duties managers. If you are an organization including a professional corporation other than a partnership joint venture or limited liability company you are an insured. Your directors and officers are insureds but they are insureds only with respect to their duties as your directors or officers. Your stockholders and their spouses are insureds but they are insureds only with respect to their liability as your stockholde Other Organizations Employees Your employees are insureds but they are insureds only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. Volunteers Persons who are volunteer workers for you are insureds but they arc insureds only for acts within the scope of their activities for you and at your direction. Real Estate Managers Persons other than your employees or organizations while acting as your real estate managers arc insureds but they are insureds only with respect to their duties as your real estate managers. Lessors Of Equipment Persons or organizations from whom you lease equipment are insureds but they are insureds only with respect to the maintenance or use by you of such equipment and only if you are contractually obligated to provide them such insurance as is afforded by this contract. However no such person or organization is an insured with respect to any damages arising out of their sole negligence or occurrence that occurs or offense that is committed after the cquipment lease ends. Persons or organizations from whom you lease premises are insureds but they are insureds only with respect to the ownership maintenance or use of that particular part of such premises leased to you and only if you are contractually obligated to provide them with such insurance as is afforded by this contract. However no such person or organization is an insured with respect to any damages arising out of their sole negligence occurrence that occurs or offense that is committed after you cease to be a tenant in the premises or structural alteration new construction or demolition operations performed by or on behalf of them. Lessors Of Premises Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 70 32 | 1 |
Who Is An Insured Umbrella Coverage B continued Subsidiary Or Newly Acquired Or Formed Organizations If there is no other insurance available the following organizations will qualify as named insureds a subsidiary organization of the first named insured shown in the Declarations of which at the beginnine of the policv period and at the time of loss. such first named insured If there is no other insurance available the following organizations will qualify as named insureds a subsidiary organization of the first named insured shown in the Declarations of which at the beginning of the policy period and at the time of loss such first named insured controls cither directly or indirectly more than fifty S0 percent of the interests entitled to vote generally in the election of the governing body of such organization or a subsidiary organization of the first named insured shown in the Declarations that such first named insured acquires or forms during the policy period if at the time of loss such first named insured controls cither directly or indirectly more than fifty 50 percent of the interests entitled to vote generally in the election of the governing body of such organization. Limitations On Who Is An With respect to Umbrella Coverage B the following limitations apply to Who Is An Insured. Insured A. Except to the extent provided under the Subsidiary Or Newly Acquired Or Formed Organizations provision no person or organization is an insured with respect to the conduct of any person or organization that is not shown as a named insured in the Declarations. B. No person or organization is an insured with respect to the 1. ownership maintenance or use of any assets or 2. conduct of any person or organization whose assets business or organization you acquire cither directly or indirectly for any bodily injury or property damage that occurred or advertising injury or personal injury arising out of an offense first committed in whole or in part before you directly or indirectly acquired such assets business or organization. C. No person or organization is an insured with respect to the conduct of any partnership including any limited liability partnership joint venture or limited liability company that is not shown as a named insured in the Declarations. Limits Of Insurance With respect to all coverages under this contract the Limits Of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of insureds claims made or suits brought persons or organizations making claims or bringing suits vehicles involved or coverages provided in this contract. Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 8 0f 32 | 1 |
cCHUBB Limits Of Insurance continued Excess Coverage Other Aggregate Limit Chubb Commercial Excess And Umbrella Insurance The aggregate limits apply separately to cach consecutive annual period and to any remaining period of less than twelve 12 months starting with the beginning of the policy period shown in the Declarations provided the applicable aggregate limits in underlying insurance apply in such manner. If the aggregate limits in underlying insurance do not so apply the applicable aggregate limits of this insurance will apply to the entire policy period and not separately to any portion whether annual or otherwise thereof. If the policy period is extended after issuance the additional period will be deemed part of the last preceding period for purposes of determining the Limits Of Insurance. Subject to the Each Occurrence Limit the Excess Coverage Other Aggregate Limit is the most we will pay for the sum of loss under Excess Follow Form Coverage A except loss included in the products completed operations hazard arising out of advertising injury or personal injury or otherwise covered by underlying insurance but to which no aggregate limit in such underlying insurance applics. The Excess Coverages Other Aggregate Limit will apply separately to loss in the same manner as cach aggregate limit so applies in each coverage or policy described in the Schedule OF Underlying Insurance. Umbrella Coverages Aggregate Limit Subject to the Each Occurrence Limit the Umbrella Coverages Aggregate Limit is the most we will pay for the sum of loss under Umbrella Coverages except loss included in the products completed operations hazard or arising out of advertising injury or personal injury. Products Completed Subject to the Each Occurrence Limit the Products Completed Operations Aggregate Limit is Operations Aggregate Limit the most we will pay for the sum of loss included in the products completed operations hazard even if such loss is or otherwise would be covered in whole or in part under more than one coverage. Advertising Injury And The Advertising Injury And Personal Injury Aggregate Limit is the most we will pay for the Personal Injury Aggregate sum of loss for advertising injury and personal injury even if such loss is or otherwise would Limit be covered in whole or in part under more than one coverage. Each Occurrence Limit The Each Occurrence Limit is the most we will pay for the sum of loss arising out of any one occurrence even if such loss is or otherwise would be covered in whole or in part under more than one coverage. Any amount paid for loss will reduce the amount of the applicable aggregate limit available for any other payment. If the applicable aggregate limit has been reduced to an amount that is less than the Each Occurrence Limit the remaining amount of such aggregate limit is the most that will be available for any other payment. Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 9.0 32 | 1 |
When Excess Subject to all of the terms and conditions of this insurance with respect to Excess Follow Form Follow Form Coverage A if the applicable underlying limits are Coverage A Applies reduced by payment of judgments sctlements or related costs or expenses if such costs Drop Down or expenses reduce such limits Excess Follow Form Coverage A will drop down to apply in excess of the remaining amount of the applicable underlying limits or. exhausted by payment of judgments settlements or related costs or expenses if such costs or expenses reduce such limits Excess Follow Form Coverage A will apply in the same manner as the applicable underlying insurance would have applied but for such exhaustion. Exclusions With respect to Excess Follow Form Coverage A the following exclusions apply. Excess Follow Form Coverage A Pollution A. This insurance does not apply to any liability or loss cost or expense arising o actual. alleged or threatened discharge. dispersal seepage. migration release o This insurance does not apply to any liability or loss cost or expense arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants other than as described in paragraph C. below. Paragraph A. above does not apply to 1. bodily injury or property damage included in the products completed operations hazard 2. bodily injury or property damage a. caused by the escape of operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts b. ifsustained within a building and caused by the release of gascous irritants or contaminants from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor or resulting from your other ongoing contracting operations 3. bodily injury if sustained within a building and caused by the escape of gascous irritants or contaminants from equipment used to heat that building 4. bodily injury or property damage caused by heat smoke or fumes from a hostile fire or 5. bodily injury or property damage resulting from the ownership maintenance or use of an auto. This insurance does not apply to any liability or loss cost or expense arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants 1. which are or were at any time transported handled stored disposed of processed or treated as waste by or for any a. insured or b. person or organization for whom any insured may be legally responsible. 2. ator from any premises site or location a. which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste or Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 10 of 32 | 1 |
CcCHUBE Exclusions Excess Follow Form Coverage A Pollution continued Chubb Commercial Excess And Umbrella Insurance b. on which any insured or any contractor or subcontractor working dire indirectly on any insured s behalf is performing operations if the oper are to test for monitor clean up remove contain treat detoxify or b. onwhich any insured or any contractor or subcontractor working directly or indirectly on any insured s behalf is performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. nsurance does not apply to any loss cost or expense arising out of any 1. request demand order or regulatory or statutory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2. claim or proceeding by or on behalf of any governmental authority or others for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. Paragraph D. above does not apply to the liability for damages for property damage that the insured would have in the absence of such request demand order or regulatory or statutory requirement or such claim or proceeding by or on behalf of a governmental authority. This exclusion applics regardless of whether or not the pollution was accidental expected gradual intended preventable or sudden. Obligations Of Underlying This insurance does not apply to any liability or loss cost or expense for which the liability or Insurance obligation under underlying insurance is by law unlimited. Underlying Insurance Exclusions Notwithstanding anything to the contrary set forth in any other provision of this contract this insurance does not apply to any liability or loss cost or expense to which the terms and conditions of underlying insurance do not apply. Exclusions With respect to Umbrella Coverage B Bodily Injury And Property Damage Liability Coverage Umbrella Coverage B the following exclusions apply. Bodily Injury Property Damage Aircraft Owned Or Rented This insurance does not apply to bodily injury or property damage arising out of the Without Crew ownership maintenance use use includes operation and loading or unloading or entrustment to others of any aircraft owned or operated by or loaned or rented to any insured. This exclusion does not apply to an aircraft that is loaned or rented to you with a paid trained crew and notowned in whole or in part by any insured. Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 11 of 32 | 1 |
Exclusions Umbrella Coverage B Bodily Injury Property Damage continued Autos U.S.A. Canada Or Puerto Rico This insurance does not apply to bodily injury or property damage arising out of the ownership maintenance use use includes operation and loading or unloading or entrustment to others of any auto owned or operated by or loaned or rented to any insured. This exclusion does not apply to bodily injury or property damage caused by an occurrence that takes place outside of the United States of America including its possessions or territories Canada and Puerto Rico. Damage To Impaired This insurance does not apply to property damage to Property Or Property Not Physically Injured impaired property or property that has not been physically injured arising out of any defect deficiency inadequacy or dangerous condition in your product or your work or delay or failure by you or anyone acting on your behalf to perfom a contract or agreement in accordance with its terms and conditions. This exclusion does not apply to the loss of use of other tangible property resulting from sudden and accidental physical injury to your product or your work after it has been put to its intended use. Damage To Insureds Property This insurance does not apply to property damage to any property owned by you or ofany insured that is in the care control or custody of any other insured. Damage To Your Product This insurance does not apply to property damage to your product arising out of it or any part of it. Damage To Your Work Or This insurance does not apply to property damage to Related Property your work arising out of it or any part of it that particular part of real property on which you or any contractor or subcontractor working directly or indirectly on your behalf is performing operations if the property damage arises out of those operations or that particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 12 of 32 | 1 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Exclusions Umbrella Coverage B Bodily Injury Property Damage continued Expected Or Intended This insurance does not apply to bodily injury or property damage arising out of an act Injury. isintended by the insured or This insurance does not apply to bodily injury or property damage arising out of an act that isintended by the insured or would be expected from the standpoint of a reasonable person in the circumstances of the insured to cause bodily injury or property damage even if the actual bodily injury or property damage is of a different degree or type than intended or expected. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or tangible property. Loss In Progress This insurance does not apply to bodily injury or property damage that is a change continuation or resumption of any bodily injury or property damage known by you prior to the beginning of the policy period to have occurred. Bodily injury or property damage will be deemed to be known by you A if such injury or damage is known by or should have been known from the standpoint of a reasonable person in the circumstances of L you 2. any of your dircctors managers members officers or their designees or partners whether or not an employee and B. when any person described in paragraph A. above 1. reportsall or any part of any such injury or damage to us or any other insurer 2. receives a claim or a demand for damages because of any such injury or damage or 3. becomes aware that any such injury or damage has occurred or has begun to occur. Watercraft Owned This insurance does not apply to bodily injury or property damage arising out of the ownership maintenance use use includes operation and loading or unloading or entrustment to others of any watercraft owned or operated by or loaned or rented to any insured. This exclusion does not apply to a watercraft while ashore on premises owned by or rented to you or that is not owned in whole or in part by any insured. Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 13 of 32 | 1 |
Exclusions With respect to Umbrella Coverage B Advertising Injury And Personal Injury Liability Umbrella Coverage B Coverage the following exclusions apply. Advertising Injury Personal Injury Breach Of Contract This insurance does not apply to advertising injury or personal injury arising out of breach of contract. This insurance does not apply to advertising injury or personal injury arising out of breach of contract. Continuing Offenses This insurance does not apply to advertising injury or personal injury that arises out of that part of an offense that continues or resumes after the later of the end of the policy period of A this insurance or B. asubsequent continuous renewal or replacement of this insurance that 1. isissued to you by us or by an affiliate of ours 2. remains in force while the offense continues and 3. would otherwise apply to advertising injury and personal injury. Crime Or Fraud This insurance does not apply to advertising injury or personal injury arising out of any criminal or fraudulent conduct committed by or with the consent or knowledge of the insured. Expected Or Intended Injury This insurance does not apply to advertising injury or personal injury arising out of an offense committed by or behalf of the insured that. is intended by such insured or would be expected from the standpoint of a reasonable person in the circumstances of such insured to cause injury. Failure To Conform To This insurance does not apply to advertising injury or personal injury arising out of the Representations Or failure of goods products or services to conform with any electronic oral written or other Warranties representation or warranty of durability fitness performance quality or use. Internet Activities This insurance does not apply to advertising injury or personal injury arising out of controlling creating designing or developing of another s Interet site controlling creating designing developing determining or providing the content or material of another s Internet site controlling facilitating or providing or failing to control facilitate or provide access to the Internet or another s Internet site or publication of content or material on or from the Internet other than material developed by you or at your direction. This insurance does not apply to advertising injury or personal injury arising out of any offense first committed before the beginning of the policy period. Prior Offenses Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 14 of 32 | 1 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Exclusions Umbrella Coverage B Advertising Injury Personal Injury continued Publications With This insurance does not apply to advertising injury or personal injury arising out of an Knowledge Of Falsity electronic oral written or other publication of material by or with the consent of the insu. with knowledoe of its falsitv or This insurance does not apply to advertising injury or personal injury arising out of any electronic oral written or other publication of material by or with the consent of the insured with knowledge of its falsity or. if a reasonable person in the circumstances of such insured would have known such material to be false. Wrong Description Of Prices This insurance does not apply to advertising injury or personal injury arising out of the wrong description of the price of goods products or services. Exclusions With respect to Umbrella Coverage B Bodily Injury And Property Damage Liability Coverage Umbrella Coverage B 4 Advertising Injury And Personal Injury Liability Coverage the following exclusions apply. Bodily Injury Property Damage Advertising Injury Personal Injury Employee Or Worker A. This insurance does not apply to bodily injury property damage advertising injury Injury or personal injury sustained by an employee or temporary worker of the insured arising out of and in the course of A. This insurance does not apply to bodily injury property damage advertising injury or personal injury sustained by an employee or temporary worker of the insured arising out of and in the course of 1. employment by the insured or 2. performing duties related to the conduct of the insured s business. B. This insurance does not apply to bodily injury property damage personal injury or advertising injury sustained by the brother child parent sister or spouse of such injured person as a consequence of any injury or damage described in paragraph A. above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and toany obligation to share damages with or repay someone clse who must pay damages because of any injury or damage described in paragraphs A. or B. above. Enhancement This insurance does not apply to any loss cost or expense incurred by you or others for any Maintenance Or Prevention enhancement or maintenance of any property or Expenses B. prevention of any injury or damage to any 1. person or organization or 2. property you own rent or occupy. Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 15 of 32 | 1 |
Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury continued Intellectual Property Laws Or Rights This insurance does not apply to any actual or alleged bodily injury property damage advertising injury or personal injury arising out of giving rise to or in any way related to any actual or alleged. assertion or infringement or violation by any person or organization including any insured of any intellectual property law or right regardless of whether this insurance would otherwise apply to all or part of any such actual or alleged injury or damage in the absence of any such actual or alleged assertion infringement or violation. This exclusion applics unless such injury s caused by an offense described in the definition of advertising injury and does not arise out of give rise to or in any way relate to any actual or alleged assertion infringement or violation of any intellectual property law or right other than one described in the definition of advertising injury. Pollution A. This insurance does not apply to bodily injury property damage advertising injury or personal injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants. nsurance does not apply to any loss cost or expense arising out of any 1. request demand order or regulatory or statutory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2. claim or proceeding by or on behalf of a governmental authority or others for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. This exclusion applies regardless of whether or not the pollution was accidental expected gradual intended preventable or sudden. Recall Of Products Work This insurance does not apply to damages claimed for any loss cost or expense incurred by you Or Impaired Property or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of your product your work or impaired property Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 16 of 32 | 1 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury Recall Of Products Work if such product work or property is withdrawn or recalled from the market or from use by any Or Impaired Property person or organization because of a known or suspected defect deficiency inadequacy or continued dangerous condition in it. With respect to all coverages under this contract the following exclusions apply. A This insurance does not apply to any liability o loss cost or expense arising out of the actual alleged or threatened contaminative pathogenic toxic or other hazardous properties of asbestos. nsurance does not apply to any loss cost or expense arising out of any 1. request demand order or regulatory or statutory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of asbestos or 2. claim or proceeding by or on behalf of a governmental authority or others for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of asbestos. Policy Exclusions Asbestos Coverages Laws Various This insurance does not apply to any liability or loss cost or expense or obligation of any insured under any medical expenses or payments coverage no fault law personal injury protection coverage underinsured or uninsured financial responsibility law workers compensation disability benefits or unemployment compensation law or similar coverage or law. Employee Retirement Income Security Laws This insurance does not apply to any liability or loss cost or expense or obligation of any insured under the United States of America Employees Retirement Income Security Act ER.LS.A. of 1974 or any similar law as now constituted or hereafter amended. Employment Related Practices This insurance does not apply to any liability or loss cost or expense in connection with any damages sustained at any time by any person whether or not sustained in the course of employment by any insured arising out of any employment related act omission policy practice or representation directed at such person occurring in whole or in part at any time including any 1. arrest detention or imprisonment Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 17 of 32 | 1 |
Policy Exclusions Employment Related 2. breach of any express or implied covenant Practices 3 y coercion criticism humiliation prosecution or retaliation continued 4. defamation or disparagement breach of any express or implied covenant coercion criticism humiliation prosccution or retaliation defamation or disparagement demotion discipline evaluation or reassignment discrimination harassment or segregation R O T o a. eviction or b. invasion or other violation of any right of occupancy 8. failure or refusal to advance compensate employ or promote 9. invasion or other violation of any right of privacy or publicity 10. termination of employment or 1. other employment related act omission policy practice representation or relationship in connection with any insured at any time. B. This insurance does not apply to any liability or loss cost or expense in connection with any damages sustained at any time by the brother child parent sister or spouse of such person at whom any employment related act omission policy practice or representation is directed as described in paragraph A. above as a consequence thereof. This exclusion applies whether the insured may be liable as an employer or in any other capacity and toany obligation to share damages with or repay someone else who must pay damages because of any of the foregoing. nsurance does not apply to any liability or loss cost or expense 1. with respect to which any insured under this policy also has status as 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 have had status as an insured under any such policy but for its termination upon exhaustion of its limit of insurance or 2. arising out of the nuclear hazardous properties of nuclear material and with respect to which a. any person or organization is required to maintain financial protection pursuant to the United States of America 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 B. This insurance does not apply to any liability or loss cost or expense arising out of the nuclear hazardous properties of nuclear material 1. if the nuclear material a. isatany nuclear facility owned by or operated by or on behalf of any insured Nuclear Energy Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 18 of 32 | 1 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Policy Exclusions Nuclear Energy b. has been discharged or dispersed therefrom or is contained in nuclear continued fuel or nuclear waste at any time transported handled stored dispose processed treated p ed or used by or on behalf of any insured b. has been discharged or dispersed therefrom or is contained in nuclear spent fuel or nuclear waste at any time transported handled stored disposed of processed treated possessed or used by or on behalf of any insured or in any way related to the furnishing by any insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility. But if such facility is located within the United States of America including its possessions or territories or Canada this subparagraph 2. applies only to nuclear property damage to such nuclear facility and any property thereat. Conditions Appeals With respect to all coverages under this contract the following conditions apply. We may at our discretion initiate or participate in an appeal of a judgment if such judgment may result in a payment under this insurance. If we initiate or participate in an appeal we will pay our costs of the appeal. But in no case will the amount we pay for loss exceed the Limits Of Insurance. We may audit your books and records as they relate to this insurance at any time during the term of this policy and up to three years afterwards. Audit Of Books And Records Bankruptey or insolvency of the insured or of the insured s estate will not relieve us of our obligations under this insurance. Bankruptcy Cancellation The first named insured may cancel this policy or any of its individual coverages at any time by sending us a written request or by returning the policy and stating when thereafter cancellation is to take effect. We may cancel this policy or any of its individual coverages at any time by sending to the first named insured a notice sixty 60 days or twenty 20 days in the event of non payment of premium in advance of the cancellation date. Our notice of cancellation will be mailed to the first named insured s last known address and will indicate the date on which coverage is terminated. If notice of cancellation is mailed proof of mailing will be sufficient proof of notice. The carned premium will be computed on a pro rata basis. Any uncarned premium will be returned as soon as practicable. Changes This policy can only be changed by a written endorsement that becomes part of this policy. The endorsement must be signed by one of our authorized representatives. Compliance By Insureds We have no duty to provide coverage under this policy unless you and any other involved insured have fully complied with all of the terms and conditions of the policy. Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 19 of 32 | 1 |
Conditions continued Conformance surance which are in conflict with the applicable statutes of the State in sued are amended to conform to such statutes Any terms of this insurance which are in conflict with the applicable statutes of the State in which this policy is issued are amended to conform to such statutes. We have issued this insurance Based upon representations you made to us and inreliance upon your representatives. Unintentional failure of an employee of the insured to disclose a hazard or other material information will not violate this condition unless an officer whether or not an employee of any insured or an officer s designee knows about such hazard or other material information. Disclosures And Representations Duties In The Event Of Occurrence Offense Claim Or Suit You must see to it that we and any insurers of underlying insurance arc notified as soon as practicable of any occurrence or offense that may result in a claim if the claim may involve us or other insurers. To the extent possible notice should include 1. how when and where the occurrence or offense happened 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. Notice of an occurrence or offense is not notice of a claim. 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 2. notify us and any other insurers as soon as practicable and 3. seeto it that we receive written notice of the claim or suit as soon as practicable. You and any other involved insured must 1. immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2. authorize us to obtain records and other information 3. cooperate with us and any other insurers in the a. investigation or settlement of the claim or b. defense against the suit and 4. assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of loss to which this insurance may also apply. No insureds will except at that insured s own cost make any payment assume any obligation or incur any expense without our consent. Notice given by or on behalf of 1. the insured Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 20 of 32 | 1 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Conditions Duties In The Event Of 2. the injured person or gfc. iy tOffeS 3. any other claimant laim Or Suit continued to a licensed agent of ours with particulars sufficient to identify the insured shall b deemed notice to us. 2. the injured person or 3. any other claimant to a licensed agent of ours with particulars sufficient to identify the insured shall be deemed notice to us. Knowledge of an occurrence or offense by an agent or employee of the insured will not constitute knowledge by the insured unless an officer whether or not an employee of any insured or an officer s designee knows about such occurrence or offense. Failure of an agent or employee of the insured other than an officer whether or not an employece of any insured or an officer s designee to notify us of an occurrence or offense which such person knows about will not affect the insurance afforded to you. If a claim or loss does not reasonably appear to involve cither this insurance or any underlying insurance but it later develops into a claim or loss to which this insurance applies the failure to report it to us will not violate this condition provided the insured gives us immediate notice as soon as the insured is aware that this insurance may apply to such claim or loss. First Named Insured The person or organization first named in the Declarations is primarily responsible for payment of all premiums. The first named insured will act on behalf of all other named insureds for the giving and receiving of notice of cancellation or nonrenewal and the receiving of any return premiums that become payable under this policy. Inspections And Surveys We may make inspections and surveys at any time give you reports on the conditions we find and recommend changes. Any inspections surveys reports or recommendations relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions are safe or healthful or comply with laws regulations codes or standards. This condition applies not only to us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys reports or recommendations for us. Joint Duties In Non Admitted Jurisdictions With respect to an occurrence offense claim or suit to which this insurance applics that arises in a non admitted jurisdiction A. we have no duty to defend any person or organization against any claim or suit but we may at our discretion assume control of or participate in any investigation defense settlement or recovery proceedings. B. youand any other insured must Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 21 of 32 | 1 |
Conditions Joint Duties In Non 1. make such investigation defense or settlement as we deem reasonable Admitted Jurisdictions 2. obtain our approval for any payment and continued 3. effect approved payments to others in accordance with the terms and conditions of 1. make such investigation defense or settlement as we deem reasonable 2. obtain our approval for any payment and 3. effect approved payments to others in accordance with the terms and conditions of this insurance. C. we will reimburse funds to the insured for payments approved by us for 1. loss and 2. expenses and other payments to which this insurance applies. D. we will make those reimbursements 1. inajurisdiction that is mutually acceptable and 2. until we have used up the applicable Limits Of Insurance. Legal Action Against Us No person or organization has a right under this insurance to joinusas a party or otherwise bring us into a suit secking damages from an insured or sucus on this insurance unless all of the terms and conditions of this insurance have been fully complied with. A person or organization may sue s to recover on an agreed settlement or on a final judgment against an insured obtained after an actual trial ina civil proceeding or arbitration or other alternative dispute resolution proceeding but we will not be liable for damages that are not payable under the terms and conditions of this insurance or that are in excess of the applicable Limits Of Insurance. Maintenance Of Underlying We have issued this insurance in reliance upon representations made by you about underlying insurance and underlying limits. You must see to it that Insurance And Underlying Limits underlying insurance is and remains valid and in full force and effect. underlying insurance will not be cancelled non renewed or rescinded without replacement by coverage to which we agree. the terms and conditions of underlying insurance will not materially change unless we agree otherwise. the terms and conditions of renewals or replacements of underlying insurance shown in the Schedule OF Underlying Insurance will be materially the same as the prior coverage unless we agree otherwise. the underlying limits arc and remain available regardless of any bankruptcy insolvency or other financial impairment of any insurer or any other person or organization. the underlying limits shown in the Schedule Of Underlying Insurance will not be reduced or exhausted except for the reduction or exhaustion by payment of judgments settlements or related costs o expenses if such costs or expenses reduce such limits. Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 22 of 32 | 1 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Conditions Maintenance Of Underlying Failure to comply with this condition will not invalidate this insurance. But in the case of any Insurance And Underlying such failure our obligation or liability will not exceed that which would have applied absent Limits any failure to comply with this condition. continued You must notify us as soon as practicable if any underlying insurance is no longer valid or in full force or effect. Other Insurance If other valid and collectable insurance is available to the insured for loss we would otherwise cover under this insurance our obligations are limited as follows. This insurance is excess over any other insurance whether primary excess contingent or on any other basis. We will have no duty to defend the insured against any suit if any provider of any other insurance has a duty to defend such insured against such suit. We will pay only our share of the amount of loss if any that exceeds the sum of the total amount that all other insurance would pay for loss in the absence of this insurance and ofall deductible and self insured amounts under all other insurance. This insurance is not subject to the terms or conditions of any other insurance. Separation Of Insureds Except with respect to the Limits Of Insurance and any rights or duties specifically assigned in this insurance to the first named insured this insurance applies. as if each named insured were the only named insured and scparately to cach insured against whom claim is made or suit is brought. Titles Of Paragraphs The titles of the various paragraphs of this policy and endorsements if any attached to this policy are inserted solely for convenience or reference and are not to be deemed in any way to limit or affect the provisions to which they relate. Transfer Of Rights And Duties Your rights and duties under this insurance may not be transferred without our written consent. However if you die then your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative or to anyone having temporary custody of your property until your legal representative has been appointed. Transfer Or Waiver Of Rights Of Recovery Against Others We will waive the right of recovery we would otherwise have had against another person or organization for loss to which this insurance applies provided the insured has waived their rights of recovery against such person or organization in a contract or agreement that is executed before loss. To the extent that the insured s rights to recover all or part of any payment made under this insurance have not been waived 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. Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 23 of 32 | 1 |
Conditions Transfer Or Waiver Of Rights Of Recovery Against Others continued Any amount recovered will be apportioned as follows first we shall receive all amounts recovered until we have been fully reimbursed for all amounts we have incurred including costs or expenses of such recovery proceedings. Then you are entitled to claim for any further amount recovered. Any amount recovered will be apportioned as follows first we shall receive all amounts recovered until we have been fully reimbursed for all amounts we have incurred including costs or expenses of such recovery proceedings. Then you are entitled to claim for any further amount recovered. When We Do Not Renew 1f we decide not to renew this policy we will mail or deliver to the first named insured stated in the Declarations written notice of the nonrenewal not less than sixty 60 days before the expiration date. If notice of nonrenewal is mailed proof of mailing will be sufficient proof of notice. Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 24 of 32 | 1 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Definitions Umbrella Coverage B Advertisement WITH RESPECT TO UMBRELLA COVERAGE B WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. Advertisement means an electronic oral written or other notice about goods products or services designed for the specific purpose of attracting the general public or a specific market segment to use such goods products or services. Advertisement does not include any e mail address Internet domain name or other electronic address or metalanguage. Advertising Injury Advertising injury means injury other than bodily injury property damage or personal injury sustained by a person or organization and caused by an offense of infringing in that particular part of your advertisement about your goods products or services upon their copyrighted advertisement or registered collective mark registered service mark or other registered trademarked name slogan symbol or title. Auto Auto means a land motor vehicle trailer or semi trailer designed for travel on public roads including any attached machinery or equipment. But auto does not include mobile equipment. Bodily Injury Bodily injury means physical injury sickness or disease sustained by a person including resulting death humiliation mental anguish mental injury or shock at any time. All such loss shall be deemed to oceur at the time of the physical injury sickness or disease that caused it. Employee Employee includes a leased worker. Employee does not include a temporary worker. Impaired Property Impaired property means tangible property other than your product or your work that can not be used or is less useful because itincorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or you have failed to fulfill the terms or conditions 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 or conditions of the contract or agreement. Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 25 of 32 | 1 |
Definitions WITH RESPECT TO UMBRELLA COVERAGE B WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT WORDS AND PHRASES THAT zfuel Coverage B APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. Insured Contract Insured contract means an oral or written contract or agreement pertaining to your business. in which vou me the tort liability of another person or organization to pay damage Insured contract means an oral or written contract or agreement pertaining to your business in which you assume the tort liability of another person or organization to pay damages to which this insurance applics sustained by a third person or organization provided the injury or damage occurs or is caused by an offense that is first committed after the execution of such contract or agreement. Intellectual Property Law Or Right Intellectual property law or right means any cortification mark copyright patent or trademark including collective or service marks right to or judicial or statutory law recognizing an interest in any trade secret or confidential or proprictary non personal information other right to or judicial or statutory law recognizing an interest in any expression idea likeness name slogan style of doing business symbol title trade dress or other intellectual property or other judicial or statutory law concerning piracy unfair competition or other similar practices. Leased worker means a person leased to a party by a labor leasing firm in a contract or agreement between such party and the labor leasing firm to perform duties related to the conduct of the party s business. Leased worker does not include a temporary worker. Leased Worker Loading Or Unloading Loading or unloading A. means the handling of property 1. after it is moved from the place where it is accepted for movement into or onto an aircraft auto or watercraft 2. while it is in or on an aircraft auto or watercraft or 3. while it is being moved from an aircraft auto or watercraft to the place where it is finally delivered. B. does not include the movement of property by means of a mechanical device other than ahand truck that is not attached to the aircraft auto or watercraft. Occurrence Oceurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. Officer Officer means a person holding any of the officer positions created by an organization s charter constitution by laws or any other similar governing document. Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 26 of 32 | 1 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Definitions WITH RESPECT TO UMBRELLA COVERAGE B WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT WORDS AND PHRASES THAT zg uee Coverage B APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. Personal Injury Personal injury means injury other than bodily injury property damage or advertising injury caused by an offense of Personal injury means injury other than bodily injury property damage or advertising injury caused by an offense of A false arrest false detention or other false imprisonment B. malicious prosccution C. wrongful entry into wrongful eviction of a person from or other violation of a person s right of private occupancy of a dwelling premises or room that such person occupics if commited by or on behalf of its landlord lessor or owner D. electronic oral written or other publication of material that 1. libels or slanders a person or organization which does not include disparagement of goods products property or services or 2. violates a person s right of privacy E. discrimination harrassment or segregation based on a person s protected human characteristics as established by law. Products Completed Operations Hazard Products completed operations hazard A includes all bodily injury and property damage taking place away from premises owned or occupied by or loaned or rented to you and arising out of your product or your work except 1. 2. products that are still in your physical possession or work that has not yet been completed or abandoned. Your work will be deemed completed when all of the work called for in your contract or agreement has been completed. all of the work to be performed at the site has been completed if your contract or agreement calls for work at more than one site. that part of the work completed at a 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. does not include bodily injury or property damage arising out of 1. the transportation of property unless the injury or damage results from a condition in or on a vehicle not owned or operated by or loaned or rented to you and that condition was created by the loading or unloading of that vehicle by any insured the existence of tools uninstalled equipment or abandoned or unused materials or Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 27 of 32 | 1 |
Definitions Umbrella Coverage B Products Completed Operations Hazard continued WITH RESPECT TO UMBRELLA COVERAGE B WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. 3. products or operations for which the classification in our rules indicates that such products or operations are not subject to the Products Completed Operations Aggregate Limits Of Insurance. Property Damage Property damage means physical injury to tangible property including resulting loss of use of that property. All such loss of use shall be deemed to oceur at the time of the physical injury that caused it or loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. Tangible property does not include any software data or other information that is in electronic form. Temporary Worker Temporary worker means a person who is furnished to a party to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Your Product Your product A means any 1. goods or products other than real property manufactured sold handled distributed or disposed of by a you b. others trading under your name or. aperson or organization whose assets or business you have acquired and 2. containers other than vehicles materials parts or equipment furnished in connection with such goods or products. B. includes 1. representations or warranties made at any time with respect to the durability fitness performance quality or use of your product and 2. the providing of or failure to provide instructions or warnings. C. does not include vending machines or other property loaned or rented to or located for the use of others but not sold. Your Work Your work A means any 1. work or operations performed by a. youoron your behalf or b. aperson or organization whose assets or business you have acquired and Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 28 of 32 | 1 |
CHUBB Chubb Commercial Excess And Umbrella Insurance Definitions WITH RESPECT TO UMBRELLA COVERAGE B WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT WORDS AND PHRASES THAT Umbrella Coverage B APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. Your Work 2. materials continued operation arts or equipment furnished in connection with such work or B. includes 1. representations or warranties made at any time with respect to the durability fitness performance quality or use of your work and 2. the providing of or failure to provide instructions or warnings. Policy Definitions WITH RESPECT TO ALL COVERAGES UNDER THIS CONTRACT WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. Agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. Agreed Settlement Asbestos Asbestos means asbestos in any form including its presence or use in any alloy by product or other material or waste. Waste includes material to be recycled reconditioned or reclaimed. Hostile Fire Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. Insured Insured means a person or an organization qualifying as an insured in the Who Is An Insured sections of this contract. Loss Loss means damages that the insured becomes legally obligated to pay because of injury or damage. does not include sums properly deducted for recoveries or salvage. Non Admitted Jurisdiction Non admitted jurisdiction means any jurisdiction where we are notlicensed or permitted by law to issue insurance or prevented by law or otherwise from investigating defending or settling an occurrence offense claim or suit. Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 29 of 32 | 1 |
Policy Definitions continued Nuclear Facility WITH RESPECT TO ALL COVERAGES UNDER THIS CONTRACT WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. Nuclear facility means any A B. D. nuclear reactor equipment or device designed or used for 1. separating the isotopes of plutonium or uranium 2. processing or utilizing nuclear spent fuel or 3. handling processing or packaging nuclear waste equipment or device used for the processing fabricating or alloying of 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 1. twenty five 25 grams of plutonium or uranium 233 or any combination thereof or 2. two hundred fifty 250 grams of uranium 235 or structure basin excavation premises or place prepared or used for the storage or disposal of nuclear 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 Facility Nuclear Hazardous Properties Nuclear hazardous properties include radioactive toxic or explosive properties. Nuclear Material Nuclear material means by product material source material or special nuclear material. By product material source material and special nuclear material have the meanings given them in the United States of America Atomic Energy Act of 1954 or in any law amendatory thereof. Nuclear Property Damage Nuclear property damage includes all forms of radioactive contamination of property. ion in a self tain nuclear fi nable material. Nuclear Reactor Nuclear reactor means any apparatus designed or used to supporting chain reaction or to contain a critical mass of fi Nuclear spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor. Nuclear Spent Fuel Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 30 of 32 | 1 |
CcCHUBE Policy Definitions continued Nuclear Waste Chubb Commercial Excess And Umbrella Insurance WITH RESPECT TO ALL COVERAGES UNDER THIS CONTRACT WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. Nuclear waste means any waste material. containing nuclear 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 resulting from the operation by any person or organization of any nuclear facility described in subparagraphs A or B. of the definition of nuclear facility. Nuclear Waste Other Insurance Other insurance means any insurance affording coverage that this insurance would also afford. Other insurance includes any type of self insurance or other mechanism arranged for funding of loss. Other insurance docs not include underlying insurance or insurance negotiated specifically to apply in excess of this insurance. Pollutants Pollutants means any solid liquid gascous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. Suit Suit means a civil proceeding in which damages to which this insurance applies are sought. Suit includes an arbitration or other dispute resolution proceeding in which such damages are sought and to which the insured must submit or does submit with our consent. Underlying Insurance Underlying insurance means the coverages for the hazards described in the Schedule Of Underlying Insurance and the next renewal or replacement insurance thereof. Underlying Limits Underlying limits means the sum of amounts A shown for the hazards described in the Schedule Of Underlying Insurance con amount 1. available under applicable underlying insurance and 2. any insured must pay because underlying insurance as represented by you is not available regardiess of the reason available under any applicable antecedent renewal or replacement of underlying insurance of any allocation deductible participation retention or other self insurance applicable to the insurance described in paragraphs A. and B. above and any reinstatement of limits or supplemental or other limits available under the insurance described in paragraphs A. and B. above. Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 31 of 32 | 1 |
Policy Definitions Underlying Limits continued WITH RESPECT TO ALL COVERAGES UNDER THIS CONTRACT WHEN USED WITH RESPECT TO INSURANCE UNDER THIS CONTRACT WORDS AND PHRASES THAT APPEAR IN BOLD PRINT HAVE THE SPECIAL MEANINGS DESCRIBED BELOW. If amounts available under the applicable underlying insurance described in the Schedule Of Underlying Insurance are greater or less than the amount shown in such Schedule then the greater of such amounts shall apply in the computation of underlying limits. Underlying Limits continued Chubb Commercial Excess And Umbrella Insurance. Form 07 02 0815 Rev. 7 01 Contract Page 32 of 32 | 1 |
CHUBB cChubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured DECEMBER 152020 To DECEMBER 152021 DECEMBER 15 2020 7818 91 43 RUBY RIBBON INC Name of Company FEDERAL INSURANCE COMPANY Date Issued December 17 2020 Under Conditions the following condition is added to the policy Conditions Compliance With Applicable Trade Sanctions This insurance does not apply to the extent that trade or economic sanctions or other laws or regulations prohibit us from providing insurance. All other terms and conditions remain unchanged. Q B Authorized Representative g December 17 2020 Chubb Commercial Excess And Umbrella Insurance Compliance With Applicable Trade Sanctions Form 07 02 1988 Rev. 2 04 Endorsement Page 10of 1 | 2 |
CHUBB cChubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured DECEMBER 152020 To DECEMBER 152021 DECEMBER 15 2020 7818 91 43 RUBY RIBBON INC Name of Company FEDERAL INSURANCE COMPANY Date Issued December 17 2020 Under Conditions the conditions titled Cancellation And When We Do Not Renew are deleted and replaced by the following Conditions California Mandatory Cancellation A. The first named insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. All Policies In Effect For More Than 60 Days B. 1 If this policy has been in effect for more than 60 days or is a renewal of a policy we issued we may cancel this policy only upon the occurrence after the cffective date of the policy of one or more of the following Nonpayment of premium including payment due on a prior policy we issued and due during the current policy term covering the same risks. Discovery of fraud or material misrepresentation by i any insured or his or her representative in obtaining this insurance or ii. you or your representative in pursuing a claim under this policy. A judgment by a court or an administrative tribunal that you have violated a California or Federal law having as one of its necessary clements an act which materially increases any of the risks insured against. Discovery of willful or grossly negligent acts or omissions or of any violations of state laws or regulations establishing safety standards by you or your representative which materially increase any of the risks insured against. Failure by you or your representative to implement reasonable loss control requirements agreed to by you as a condition of policy issuance or which were conditions precedent to our use of a particular rate or rating plan if that failure materially increases any of the risks insured against. Chubb Commercial Excess And Umbrella Insurance Conditions California Cancellation And When We Do Not Renew Form 07 02 2022 Rev 6 02 Endorsement Page 10f 2 | 2 |
Conditions California Mandatory Cancellation f. A determination by the Commissioner of Insurance that continued i loss of or changes in our reinsurance covering all or part of the risk would P e R A A determination by the Commissioner of Insurance that i loss of or changes in our reinsurance covering all or part of the risk would threaten our financial integrity or solvency or ii. continuation of the policy coverage would place us in violation of California law or the laws of the state where we are domiciled or threaten our solvency. A change by you or your representative in the activities or property of the commercial or industrial enterprise which results in a materially added increased or changed risk unless the added increased or changed risk is included in the policy. 2. We will mail or deliver advance written notice of cancellation stating the reason for cancellation to the first named insured and to the producer of record at least a. 10 days before the effective date of cancellation if we cancel for a reason listed in B.l.a. or b. above or 30 days before the effective date of cancellation if we cancel for any other reason listed in paragraph B.1. When We Do Not Renew If we elect not to renew this policy we will mail or deliver written notice stating the reason for nonrenewal to the first named insured and to the producer of record at least 60 days but not more than 120 days before the expiration or anniversary date. We will mail or deliver our notice to the first named insured and to the producer of record at the mailing address shown in the policy. All other terms and conditions remain unchanged. Q B Authorized Representative g December 172020 Chubb Commercial Excess And Umbrella Insurance Conditions California Cancellation And When We Do Not Renew Form 07 02 2022 Rev 6 02 Endorsement Page 2 of 2 | 2 |
CHUBB cChubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured DECEMBER 152020 To DECEMBER 152021 DECEMBER 15 2020 7818 91 43 RUBY RIBBON INC Name of Company FEDERAL INSURANCE COMPANY Date Issued December 17 2020 SCHEDULE A Limits Of Insurance isis Assistance For Excess And Umbrella Aggregate Limit The lesser of. 3 of the Each Occurrence Limit shown in the Declarations as of the inception date of this policy or. 300000. Coverage Crisis Assistance For Excess And Umbrella istance For Excess And Umbrella is added to this contract. A section titled Coverage Crisis A Subject to all of the terms and conditions of this insurance we will pay on behalf of the insured crisis assistance expenses up to the amount of the Crisis ance For Excess And Umbrella Aggregate Limit shown in Schedule A arising out of a crisis event that first commences during the policy period of this insurance. A crisis event will be deemed to first commence at the time during the policy period of thi insurance when you notify us in accordance with the Special Duties In The Event Of A Crisis Event provision of this Endorsement. A crisis event will be deemed to end one hundred and cighty 180 days after the date of notice of the crisis event was given to us by you or when the Crisis Assistance For Excess And Umbrella Aggregate Limit shown in this Endorsement is exhausted whichever occurs first. Any payment of crisis assistance expenses that we make under the coverage provided by this Endorsement will not be an acknowledgement of coverage under this insurance. Chubb Commercial Excess And Umbrella Insurance Coverage Crisis Assistance For Excess And Umbrella Form 07 02 2440 Ed. 12 10 Endorsement Page 10f 3 | 2 |
Limits Of Insurance Crisis Assistance For Excess And Umbrella Aggregate Limit Under Limits Of Insurance the following provision is added. The Crisis Assistance For Excess And Umbrella Aggregate Limit shown in Schedule A is the most we will pay for crisis assistance expenses. The Crisis Assistance For Excess And Umbrella Aggregate Limit The Crisis Assistance For Excess And Umbrella Aggregate Limit shown in Schedule A is the most we will pay for crisis assistance expenses. The Crisis Assistance For Excess And Umbrella Aggregate Limit applies to the entire policy period shown in the Declarations and not separately to any portion whether annual or otherwise thereof. will not be reinstated or increased and will not reduce any other limits under this policy. Under Conditions the following conditions are added. Conditions Special Duties In The You must see to it that within twenty four 24 hours of a crisis event Event Of A Crisis Event 5 B. one of the crisis assistance service providers is notified by telephone and we are notified. To the extent possible notice should include 1. how when and where the crisis event took place 2. the names and addresses of any injured persons and witnesses 3. the nature and location of any injury or damage arising out of the crisis event and 4. the reason why the event is likely to involve injury or damage covered by this policy and involve significant adverse regional or national media coverage. Other Crisis Assistance If you have other insurance that provides coverage for cri sistance also covered by this Insurance insurance then this insurance will be considered excess insurance over and above the amount payable by such other insurance. Under Policy Definitions the following definitions are added. Policy Definitions Crisis Assistance Expenses Crisis assistance expenses means the following expenses incurred by the insured during a crisis event to which this insurance applies which are reasonable necessary and dircctly attributable to that cri event expenses to secure the scene of a crisis event fees charged by a crisis assistance service provider shown in Schedule B for professional service or advice funeral or related service expenses psychological or grief counseling expenses temporary living expenses Chubb Commercial Excess And Umbrella Insurance Coverage Crisis Assistance For Excess And Umbrella Form 07 02 2440 Ed. 12 10 Endorsement Page 2 of 3 | 2 |
CHUBB cChubb Commercial Excess And Umbrella Insurance Endorsement Effective Date Policy Number DECEMBER 15 2020 7818 91 43 Policy Definitions Crisis Assistance Expenses continued travel expenses and any other expenses approved by us. Crisis Assistance Service Provider Crisis assistance service provider means any firm A. shown in Schedule B or B. for which we at our sole discretion have provided written approval prior to the crisis event as evidenced in an endorsement to this policy and which is hired by you. We reserve the right to modify the list of firms shown in Schedule B without notice. Crisis Event Crisis event means an event that you reasonably believe has resulted or may result in A. damages covered by this policy that are in excess of any applicable 1. underlying limits listed on the Schedule Of Underlying Limits 2. retained limits andor 3. other insurance and B. significant adverse regional or national media coverage. Schedule B Cri Assistance Service Providers Please see listing of Crisis Assistance Service Providers on www.chubb.com. We do not provide or make any representations or warranties in connection with the services provided by the firms listed above. All other terms and conditions remain unchanged. Q Authorized Representative A December 17 2020 Chubb Commercial Excess And Umbrella Insurance Coverage Crisis Assistance For Excess And Umbrella Form 07 02 2440 Ed. 12 10 Endorsement Page 3 0f 3 | 2 |
CHUBB cChubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured DECEMBER 152020 To DECEMBER 152021 DECEMBER 15 2020 7818 91 43 RUBY RIBBON INC Name of Company FEDERAL INSURANCE COMPANY Date Issued December 17 2020 Under Policy Exclusions the following exclusion is added Policy Exclusions Care Control Or Custody This insurance does not apply to property damage to property described below if the property i in the care control or custody of the insured. Description of Property Real and personal property All other terms and conditions remain unchanged. Q Authorized Representative LHO December 17 2020 Chubb Commercial Excess And Umbrella Insurance. Policy Exclusions Care Control Or Custody Form 07 02 0837 Rev. 7 01 Endorsement Page 10f 1 | 2 |
CHUBB cChubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured DECEMBER 152020 To DECEMBER 152021 DECEMBER 15 2020 7818 91 43 RUBY RIBBON INC Name of Company FEDERAL INSURANCE COMPANY Date Issued December 17 2020 Under Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury the following exclusion is added Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury Foreign Liability This insurance does not apply to bodily injury property damage advertising injury or personal injury arising out of an occurrence outside the United States of America its territories or pos ons Canada or Puerto Rico. All other terms and conditions remain unchanged. Q B Authorized Representative g December 17 2020 Chubb Commercial Excess And Umbrella Insurance Exclusions Umbrella Coverage B Foreign Liability Form 07 02 0861 Rev. 7 01 Endorsement Page 10f 1 | 2 |
CHUBB cChubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured DECEMBER 152020 To DECEMBER 152021 DECEMBER 15 2020 7818 91 43 RUBY RIBBON INC Name of Company FEDERAL INSURANCE COMPANY Date Issued December 17 2020 Under Policy Exclusions the following exclusion is added Policy Exclusions Professional Services This insurance does not apply to any liability or loss cost or expense arising out of the rendering or failing to render professional service or advice whether or not that service or advice is ordinary to the insured s profession regardless of whether a claim or suit is brought by a client or any other person or organization. All other terms and conditions remain unchanged. Q Authorized Representative A December 17 2020 Chubb Commercial Excess And Umbrella Insurance Policy Exclusions Professional Services Form 07 02 0864 Rev. 7 01 Endorsement Page 10f 1 | 2 |
CHUBB cChubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured DECEMBER 152020 To DECEMBER 152021 DECEMBER 15 2020 7818 91 43 RUBY RIBBON INC Name of Company FEDERAL INSURANCE COMPANY Date Issued December 17 2020 Under Exclusions Umbrella Coverage B Advertising Injury Personal Injury the following exclusion is added Exclusions Umbrella Coverage B Advertising Injury Personal Injury Personal Injury This insurance does not apply to personal injury. Itis agreed that with respect to Coverages Umbrella Coverage B all references in the policy to personal injury are deleted and no coverage is provided. All other terms and conditions remain unchanged. Q Authorized Representative LHO December 17 2020 Chubb Commercial Excess And Umbrella Insurance. Exclusions Umbrella Coverage B Personal Injury Form 07 02 0884 Rev. 7 01 Endorsement Page 10f 1 | 2 |
CHUBB cChubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured DECEMBER 152020 To DECEMBER 152021 DECEMBER 15 2020 7818 91 43 RUBY RIBBON INC Name of Company FEDERAL INSURANCE COMPANY Date Issued December 17 2020 Under Exclusions Excess Follow Form Coverage A the exclusion titled Pollution is deleted and replaced with the following Exclusions Excess Follow Form Coverage A Pollution This insurance does not apply to any liability or loss cost or expense arising out of A the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants. B. 1. anyrequest demand order or regulatory or statutory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2. any claim or proceeding by or on behalf of a governmental authority or others for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. This exclusion applics regardless of whether or not the pollution was accidental expected gradual intended preventable or sudden. All other terms and conditions remain unchanged. Q B Authorized Representative g December 17 2020 Chubb Commercial Excess And Umbrella Insurance Exclusions Excess Follow Form Coverage A Pollution Form 07 02 0885 Rev. 7 01 Endorsement Page 10f 1 | 2 |
CHUBB cChubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured DECEMBER 152020 To DECEMBER 152021 DECEMBER 15 2020 7818 91 43 RUBY RIBBON INC Name of Company FEDERAL INSURANCE COMPANY Date Issued December 17 2020 Under Policy Exclusions the following exclusion is added Policy Exclusions Biological Agents This insurance does not apply to any liability o loss cost or expense arising out of the actual alleged or threatened contaminative pathogenic toxic or other hazardous properties of biological agents. This insurance does not apply to any loss cost or expense arising out of any 1. request demand order or regulatory or statutory requirement that any insured or others test for monitor clean up contain treat detoxify or neutralize or in any way respond to or assess the effects of any biological agents or 2. claim or proceeding by or on behalf of a governmental authority or others for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of any biological agents. Under Policy Definitions the following definition is added Policy Definitions Biological Agents Biological Agents means any A 1. bacteria 2. mildew mold or other fungi Chubb Commercial Excess And Umbrella Insurance. Policy Exclusions Biological Agents Form 07 02 1692 Rev. 7 01 Endorsement Page 107 2 | 2 |
Policy Definitions Biological Agents 3. other microorganisms or continued 4. mycotoxins spores or other by products of any of the foregoing 3. other microorganisms or 4. mycotoxins spores or other by products of any of the foregoing B. viruses or other pathogens whether or not a microorganism or C. colony or group of any of the foregoing. All other terms and conditions remain unchanged. Q B Authorized Representative g December 17 2020 Chubb Commercial Excess And Umbrella Insurance. Policy Exclusions Biological Agents Form 07 02 1692 Rev. 7 01 Endorsement Page 201 2 | 2 |
CHUBB cChubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured DECEMBER 152020 To DECEMBER 152021 DECEMBER 15 2020 7818 91 43 RUBY RIBBON INC Name of Company FEDERAL INSURANCE COMPANY Date Issued December 17 2020 Under Definitions Umbrella Coverage B the definition titled Personal Injury is deleted. Definitions Umbrella Coverage B Personal Injury Under Policy Definitions the following definition titled Personal Injury is added Policy Definitions Personal Injury Personal injury means injury other than bodily injury property damage or advertising injury caused by an offensc of A. B. C. false arrest false detention or other false imprisonment malicious prosecution wrongful entry into wrongful eviction of a person from or other violation of a person s right of private occupancy of a dwelling premises or room that such person occupies if committed by or on behalf of its landlord lessor or owner electronic oral written or other publication of material that libels or slanders a person or organization which does not include disparagement of goods products property or services or discrimination harassment or segregation based on a person s protected human characteristics as established by law. All other terms and conditions remain unchanged. Q B Authorized Representative g December 17 2020 Chubb Commercial Excess And Umbrella Insurance. Policy Definitions Personal Injury Privacy Eliminated Form 07 02 1944 Rev. 10 02 Endorsement Page 10f 1 | 2 |
CHUBB cChubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured DECEMBER 152020 To DECEMBER 152021 DECEMBER 15 2020 7818 91 43 RUBY RIBBON INC Name of Company FEDERAL INSURANCE COMPANY Date Issued December 17 2020 Terrorism Provisions Cap On Certified Terrorism Losses A new section titled Terrorism Provisions is added to the end of this contract. It aggregate insured losses attributable to one or more certified acts of terrorism under the terrorism law exceed 100 billion in a calendar year and we have met our insurer deductible under the terrorism law we will not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. A new section titled Terrorism Definitions is added. Terrorism Definitions Certified Act Of Certified act of terrorism means any act that is certified by the Secretary of the Treasury of Terrorism the United States to be an act A of terrorism a violent act or an act that is dangerous to human life property or infrastructure and B. that results in damage 1. within the United States or 2. outside of the United States in the case of a. anair carrier or vessel as described in the terrorism law or b. the premises of a mission of the United States of America which was committed by an individual or individuals as part of an cffort to coerce the civilian population or influence the policy or affect the conduct of the Government of the United States. Chubb Commercial Excess And Umbrella Insurance Cap On Certified Terrorism Losses Form 07 02 1967 Rev. 1 15 Endorsement Page 1 0f 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Terrorism Definitions Certified Act Of Certified act of terrorism does not include an act that Terrorism s committed as part of the course of a war declared by the Congress of the United continued States or does not result in property and casualty insurance losses that exceed 5 million in the aggregate and are attributable to all types of insurance subject to the terrorism law. State State means any state of the United States of America the District of Columbia the Commonwealth of Puerto Rico the Commonwealth of the Northern Mariana Islands American Samoa Guam cach of the United States Virgin Islands and any territory or possession of the United States of America. Terrorism Law Terrorism law means the Terrorism Risk Insurance Act of 2002 as amended. United States means astate and. the territorial sea and the continental shelf of the United States of America as described in the terrorism law. United States All other terms and conditions remain unchanged. Q B Authorized Representative g December 17 2020 Chubb Commercial Excess And Umbrella Insurance Cap On Certified Terrorism Losses Form 07 02 1967 Rev. 1 15 Endorsement Page 201 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
CHUBB cChubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured DECEMBER 152020 To DECEMBER 152021 DECEMBER 15 2020 7818 91 43 RUBY RIBBON INC Name of Company FEDERAL INSURANCE COMPANY Date Issued December 17 2020 Under Policy Exclusions the following exclusion is added to this policy and replaces any similar exclusion contained therein Policy Exclusions Information Laws Including Unauthorized Or Unsolicited Communications This insurance does not apply to any liability or loss cost or expense arising out of any actual alleged or threatened violation of the United States of America CAN SPAM Act of 2003 or any law amendatory thereof or any similar regulatory or statutory law in any other jurisdiction the United States of America Telephone Consumer Protection Act TCPA of 1991 or any law amendatory thereof or any similar regulatory or statutory law in any other jurisdiction the United States of America Fair Credit Reporting Act FCRA or any law amendatory thereof including the Fair and Accurate Credit Transactions Act FACTA or any similar regulatory or statutory law in any other jurisdiction or any other regulatory or statutory law in any jurisdiction that addresses limits or prohibits the collecting communicating disposal dissemination distribution monitoring printing publication recording sending or transmitting of content information or material. All other terms and conditions remain unchanged. Q Authorized Representative g December 17 2020 Policy Exclusions Information Laws Including Unauthorized Or Chubb Commercial Excess And Umbrella Insurance. Unsolicited Communications Form 07 02 2172 Rev. 1 13 Endorsement Page 10f 1 | 2 |
CHUBB cChubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured DECEMBER 152020 To DECEMBER 152021 DECEMBER 15 2020 7818 91 43 RUBY RIBBON INC Name of Company FEDERAL INSURANCE COMPANY Date Issued December 17 2020 The following exclusion is added to this policy and replaces any similar exclusion contained therein. The use of the words damages loss cost or expense in any exclusion does not expand any coverages under this contract. Under Policy Exclusions the following exclusion is added Policy Exclusions Asbestos Silica Or Similar Compounds Including Mixed Dust With respect to all coverages under this contract this insurance does not apply to any damages loss cost or expense arising in whole or in part out of the actual alleged or threatened contaminative pathogenic toxic or other hazardous properties of 1. asbestos 2. silica or 3. mixed dust. With respect to all coverages under this contract this insurance does not apply to any damages loss cost or expense arising in whole or in part out of any L. demand order request or regulatory or statutory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess or 2. claim or proceeding by or on behalf of a governmental authority or others for any damages loss cost or expense because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of. asbestos. silica or. mixed dust. Policy Exclusions Asbestos Silica Or Similar Compounds Chubb Commercial Excess And Umbrella Insurance. Including Mixed Dust Form 07 02 2194 Ed. 4 05 Endorsement Page 10f 2 | 2 |
Under Policy Definitions the following definitions are added and replace any similar definitions contained therein Policy Definitions Asbestos Asbestos means asbestos in any form including its presence or use in any alloy by product compound or other material or waste. Mixed Dust Mixed dust means any combination or mixture of ashestos or silica and any other dust fibers or particles in any form including any presence or use in any alloy by product compound or other material or waste. Silica Silica means silica in any form including silicates or other similar silicon compounds including its presence or use in any alloy by product compound or other material or waste. Waste Waste includes material to be recycled reconditioned or reclaimed. All other terms and conditions remain unchanged. Q Authorized Representative LHO December 17 2020 Policy Exclusions Asbestos Silica Or Similar Compounds Chubb Commercial Excess And Umbrella Insurance. Including Mixed Dust Form 07 02 2194 Ed. 4 05 Endorsement Page 20f 2 | 2 |
CHUBB cChubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured DECEMBER 152020 To DECEMBER 152021 DECEMBER 15 2020 7818 91 43 RUBY RIBBON INC Name of Company FEDERAL INSURANCE COMPANY Date Issued December 17 2020 Under Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertisi Injury Personal Injury the exclusion titled Intellectual Property Laws Or Rights is deleted and replaced by the following. Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury Intellectual Property A. This insurance does not apply to any bodily injury property damage advertising Laws Or Rights injury or personal injury arising out of giving rise to or in any way related to any actual alleged or threatened This insurance does not apply to any bodily injury property damage advertising injury or personal injury arising out of giving rise to or in any way related to any actual alleged or threatened 1. assertion or 2. infringement or violation by any person or organization including any insured of any intellectual property law or right. Further this insurance does not apply to the entirety of all allegations in any claim or suit if such claim or suit includes an allegation of or a reference to an infringement or violation of any intellectual property law or right even if this insurance would otherwise apply to any part of the allegations in the claim or suit. This exclusion applies unless the only infringement or violation of an intellectual property law or right is an offense described in the definition of advertising injury to which this insurance applies. Chubb Commercial Excess And Umbrella Insurance. Coverage B Exclusion Intellectual Property Laws Or Rights Form 07 02 2420 Ed. 5 10 Endorsement Page 107 2 | 2 |
Under Definitions Umbrella Coverage B the definitions titled Intellectual Property Law Or Right is deleted and replaced by the following. Definitions Umbrella Coverage B Intellectual Property Law Intellectual property law or right means any Or Right. certification mark copyright patent or trademark including collective or service marks rightto or judicial o statutory law recognizing an interest in any trade secret or confidential or proprietary non personal information otherrightto or judicial or statutory law recognizing an interest in any expression idea likeness name slogan style of doing business symbol title trade dress or other intellectual property or other judicial or statutory law concerning piracy passing off or similar practices. All other terms and conditions remain unchanged. Q B Authorized Representative g December 17 2020 Chubb Commercial Excess And Umbrella Insurance. Coverage B Exclusion Intellectual Property Laws Or Rights Form 07 02 2420 Ed. 5 10 Endorsement Page 201 2 | 2 |
CHUBB cChubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured DECEMBER 152020 To DECEMBER 152021 DECEMBER 15 2020 7818 91 43 RUBY RIBBON INC Name of Company FEDERAL INSURANCE COMPANY Date Issued December 17 2020 Under Coverage Crisis Assistance For Excess And Umbrella Policy Definitions Crisis Assistance Service Provider is amended to include the following firms. Policy Definitions Crisis Assistance Service Provider A crisis management firm or at the insured s dis management capabilities. retion another services provider with cris We do not provide or make any representations or warranties in connection with the services provided by the firms listed above. All other terms and conditions remain unchanged. Q Authorized Representative LHO December 17 2020 Chubb Commercial Excess And Umbrella Insurance. Crisis Assistance Service Providers Form 07 02 2455 Ed. 12 10 Endorsement Page 10f 1 | 2 |
CHUBB cChubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured DECEMBER 152020 To DECEMBER 152021 DECEMBER 15 2020 7818 91 43 RUBY RIBBON INC Name of Company FEDERAL INSURANCE COMPANY Date Issued December 17 2020 Under Policy Exclusions the following exclusion is added. Policy Exclusions Loss Of Use Of Electronic Data This insurance does not apply to any liability or loss cost or expense arising out of any. corruption of inability to access inability to manipulate. loss of or other injury or damage to or loss of use of any software data or other information that is in electronic form. This exclusion does not apply to bodily injury or physical injury to tangible property including resulting loss of use of that property. All other terms and conditions remain unchanged. Q B Authorized Representative g December 17 2020 Chubb Commercial Excess And Umbrella Insurance. Policy Exclusion Loss Of Use Of Electronic Data Form 07 02 2500 Ed. 5 12 Endorsement Page 10f 1 | 2 |
CHUBB cChubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured DECEMBER 152020 To DECEMBER 152021 DECEMBER 15 2020 7818 91 43 RUBY RIBBON INC Name of Company FEDERAL INSURANCE COMPANY Date Issued December 17 2020 Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury Access To Or Disclosure Of Confidential Or Personal Information Under Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury the following exclusion is added This insurance does not apply to bodily injury property damage advertising injury or personal injury arising out of any access to or disclosure of any person s or organization s confidential or personal information including any patents trade secrets processing methods customer lists financial information credit card information health information or any other type of non public information. This exclusion applics even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of any access to or disclosure of any person s or organization s confidential or personal information. All other terms and conditions remain unchanged. Q B Authorized Representative g December 17 2020 Exclusions Umbrella Coverage B Access To Or Disclosure Of Chubb Commercial Excess And Umbrella Insurance Confidential Or Personal Information Form 07 02 2614 Ed. 3 17 Endorsement Page 10f 1 | 2 |
CHUBB cChubb Commercial Excess And Umbrella Insurance Endorsement Policy Period Effective Date Policy Number Insured DECEMBER 152020 To DECEMBER 152021 DECEMBER 15 2020 7818 91 43 RUBY RIBBON INC Name of Company FEDERAL INSURANCE COMPANY Date Issued December 17 2020 Under Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury the following exclusion is added. Exclusions Umbrella Coverage B Bodily Injury Property Damage Advertising Injury Personal Injury War This insurance does not apply to any bodily injury property damage advertising injury or personal injury arising directly or indirectly out of war including undeclared or civil war warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of the foregoing. All other terms and conditions remain unchanged. Q Authorized Representative A Date December 17 2020 Chubb Commercial Excess And Umbrella Insurance. Coverage B Exclusion War Form 07 02 2735 Ed. 3 17 Endorsement Page 10f 1 | 2 |
ZURICH Adyvisory notice to policyholders regarding the U.S. Treasury Department s Office of Foreign Assets Control OFAC regulations 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 U.S. Treasury Department s Office of Foreign Assets Control OFAC. Please read this Notice carefully. OFAC administers and enforces sanctions policy based on Presidential declarations of national emergency. OFAC has identified and listed numerous o Foreign agents o Front organizations e Terrorists e Terrorist organizations and e Narcotics traffickers as Specially Designated Nationals and Blocked Persons. This list can be located on the United States Treasury s web site httpwww.treasury.govaboutorganizationalstructureofficesPagesOfficeofForeignAssetsControl.aspx. In accordance with OFAC regulations if it is determined that you or any other insured or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person as identified by OFAC this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC restrictions. When an insurance policy is considered to be such a blocked or frozen contract no payments or premium refunds may be made without authorization from OFAC. Other limitations on premiums and payments also apply. U GU1041 A 0311 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Z ZURICH THIS ENDORSEMENT IS ATTACHED TO AND MADE PART OF YOUR POLICY. THIS ENDORSEMENT DOES NOT GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. DISCLOSURE OF PREMIUM RELATING TO DISPOSITION OF TRIA SCHEDULE 1 Premium attributable to risk of loss from certified acts of terrorism through the end of the policy period based on the extension of the Terrorism Risk Insurance Act of 2002 as amended by the Terrorism Risk Insurance Extension Act of 2005 TRIA for lines subject to TRIA and the Terrorism Risk Insurance Program Reauthorization Act of 2007 TRIPRA 197 If TRIA terminates the portion of this premium attributable to the remaining part of the policy period as modified by any change shown in 2 of this Schedule applies to the risk of loss from terrorism after the termination of TRIA. 2 Premium change upon termination of TRIA or upon applicability of a Conditional Endorsement No change unless one of the following is completed Return Premium Additional Premium If we notify you of an additional premium charge the additional premium will be due as specified in such notice. Information required to complete this Schedule if not shown above will be shown in the Declarations. A. Disclosure of Premium In accordance with the TRIA we are required to provide you with a notice disclosing the portion of your premium if any attributable to the risk of loss from terrorist acts certified under that Act for lines subject to TRIA. That portion of your premium attributable is shown in the Schedule of this endorsement or in the 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. The Act currently provides for no insurance industry or United States government participation in terrorism losses that exceed 100 billion in any one calendar year. The federal program established by the Act is scheduled to terminate at the end of December 31 2014 unless extended by the federal government. Possibility of Additional or Return Premium The premium attributable to the risk of loss from certified acts of terrorism coverage is culated based on the coverage if any in effect at the beginning of your policy for certified acts of terrorism. If your policy contains a Conditional Endorsement the termination of TRIA or extension of the federal program with certain modifications as explained in that endorsement may modify the extent of coverage if any your policy provides for terrorism. If TRIA terminates or the Conditional Endorsement becomes applicable to your policy the return premium if any or additional premium if any shown in 2 of the Schedule will apply. If the level or terms of federal participation change the premium shown in 1 of the Schedule attributable to that part of the policy period extending beyond such a change may not be appropriate and we will notify you of any changes in your premium. Includes copyrighted material of ISO Properties Inc. with its permission. U GU692 C CW 0613 Copyright Zurich American Insurance Company 2013 Page 1 of 1 ation of 1R1A or upon applicability of a Londitional Endorsement. following is completed RIA we are required to disclosing the portion of butable to the risk of loss under that Act for lines ortion of your premium the Schedule of this rations. ticipation in Payment of ment Department of the of terrorism los The federal s amount of such insured Slicable insurer retention. for no insurance industry nment participation in 1 100 billion in any one I program established by inate at the end of | 2 |
Z ZURICH Disclosure Statement It is our pleasure to present the enclosed policy to you for presentation to your customer. INSTRUCTION TO AGENT OR BROKER WE REQUIRE THAT YOU TRANSMIT THE ATTACHED ENCLOSED DISCLOSURE STATEMENT TO THE CUSTOMER WITH THE POLICY. Once again thank you for your interest and we look forward to meeting your needs and those of your customers. U GU873 A CW 0611 Page 1 of 1 | 2 |
Z ZURICH Disclosure Statement NOTICE OF DISCLOSURE FOR AGENT BROKER COMPENSATION If you want to learn more about the compensation Zurich pays agents and brokers visit httpwww.zurichnaproducercompensation.com or call the following toll free number 866 903 1192. This Notice is provided on behalf of Zurich American Insurance Company and its underwriting subsidiaries. U GU874 A CW 0611 Page 1 of 1 | 2 |
Z ZURICH Commercial Umbrella Liability Policy ZURICH Declarations Insurance is provided by the company below. American Guarantee and Liability Insurance Company Policy Number AUC 5898954 01 Renewal of Number AUC 5898954 00 1. Named Insured WIRELESS LIFESTYLE INC. Producer LOCKTON COMPANIES LLC 2. Mailing Address 11200 W 93RD STREET 444 W 47TH ST STE 900 OVERLAND PARK KS 66214 1717 KANSAS CITY MO 64112 1906 Email Address CBSmithlockton.com 3. Policy Period From 04282014 To 04282015 at 1201 A.M. Standard Time at the address of the Named Insured. 4. Limits of Insurance A. 10000000 Occurrence B. 10000000 Other Aggregate C. 10000000 Products Completed Operations Aggregate D. 250000 Casualty Business Crisis Aggregate Limit 5. Retained Limit 0 Occurrence Retained Limit 0 Occurrence Policy Premium Advance Premium 19897 Policy Minimum Earned Premium 4974 Schedule of Underlying Insurance See attached Schedule of Underlying Insurance Endorsements Attached See attached Schedule of Forms and Endorsements U UMB D101 C CW 0310 Page 1 of 1 | 2 |
Z ZURICH Schedule of Forms and Endorsements Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Addl Prem. Return Prem. AUC 5898954 01 04282014 04282015 04282014 37385000 Named Insured and Mailing Address Producer WIRELESS LIFESTYLE INC. 11200 W 93RD STREET OVERLAND PARK KS 66214 1717 LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 Form Name Form Number Edition Date Advisory Notice To Policyholders Regarding the U.S. U GU1041 A 0311 Treasury Department s Office of Foreign Assets Control OFAC Regulations Disclosure of Premium Relating to Disposition of TRIA U GU692 C CW 0613 Commercial Umbrella Liability Policy Declarations U UMB D101 C CW 0310 Schedule of Underlying Insurance U UMB105 A CW 0799 Commercial Umbrella Liability Policy U UMB103 C CW 0310 Certified Act of Terrorism Retained Amount Coverage B U UMB406 C CW 0108 Conditional Terrorism Retained Amount Provisions Related U UMB503 C CW 0813 to Disposition of Federal Terrorism Risk Insurance Act Schedule of Named Insureds U GU621 A CW 1002 Electromagnetic Radiation Exclusion U UMB165 B CW 0703 Employee Benefits Liability Follow Form U UMB167 B CW 0703 Lead Exclusion U UMB193 A CW 0799 Personal and Advertising Injury Follow Form U UMB217 A CW 0799 Notice of Occurrence Endorsement U UMB384 B CW 0310 Fungus or Bacteria Exclusion U UMB385 B CW 0703 Silica or Silica Mixed Dust Exclusion U UMB488 A CW 0604 Technology Errors and Omissions Exclusion U UMB647 A CW 0408 Important Notice In Witness Clause U GU319 F CW 0109 CAP on Losses from Certified Acts of Terrorism U GU767 A CW 0108 U GU692 C CW U UMB D101 C CW U UMB105 A CW U UMB103 C CW U UMB406 C CW U UMB503 C CW 0613 0310 0799 0310 0108 0813 U GU621 A CW U UMB165 B CW U UMB167 B CW U UMB193 A CW U UMB217 A CW U UMB384 B CW U UMB385 B CW U UMB488 A CW U UMB647 A CW U GU319 F CW U GU767 A CW 1002 0703 0703 0799 0799 0310 0703 0604 0408 0109 0108 U UMB104 A CW 0799 Page 1 of 2 | 2 |
Kansas Cancellation and Nonrenewal Exclusion Collection or Distribution of Material or Information in Violation of Law U UMB286 B KS U UMB525 E CW 0410 0112 U UMB104 A CW 0799 Page 2 of 2 | 2 |
Z ZURICH Schedule of Underlying Insurance Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Addl Prem. Return Prem. AUC 5898954 01 04282014 04282015 04282014 37385000 Named Insured and Mailing Address Producer WIRELESS LIFESTYLE INC. 11200 W 93RD STREET OVERLAND PARK KS 66214 1717 LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 Company Policy No. and Term Coverage A. Company Zurich American Insurance Company Policy No CPO 5898931 01 Term 04282014 to 04282015 Commercial General Liability Including Employee Benefits 1000000 Premises Each Occurrence 1000000 Products Completed Ops Each Occurrence 2000000 Products Completed Operations Aggregate 2000000 General Aggregate 1000000 Personal Injury Advertising Injury 1000000 Employee Benefits Each Claim 2000000 Employee Benefits General Aggregate Company Policy No. and Term Coverage Company American Guarantee and Liability Insurance Company Policy No CPO 5898931 01 Term 04282014 to 04282015 Commercial Auto Liability 1000000 Combined Single Limit Company Policy No. and Term Coverage Company Zurich American Insurance Company Policy No WC 5898932 01 Employers Liability 1000000 Bodily Injury By Accident Each Accident 1000000 Bodily Injury By Disease Each Employee Term 04282014 to 04282015 Including Employee Benefits U UMB105 A CW 0799 Page 1 of 2 | 2 |
1000000 Bodily Injury By Disease Policy Limit Term 04282014 to 04282015 U UMB105 A CW 0799 Page 2 of 2 | 2 |
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