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CNA Commercial Umbrella New Business Declaration POLICY NUMBER C 6017056901 COVERAGE PROVIDED BY CONTINENTAL CASUALTY COMPANY 333 S. WABASH CHICAGO IL. 60604 INSURED NAME AND ADDRESS ICS INC. 2500 MILL RD GRAND FORKS ND 58203 1504 AGENCY NAME AND ADDRESS LOCKTON COMPANIES LLC 444 W. 47TH ST. 900 KANSAS CITY MO 64112 Phone Number 816960 9000 BRANCH NAME AND ADDRESS KANSAS CITY BRANCH 5901 COLLEGE BLVD. STE. 400 OVERLAND PARK KS 66211 Phone Number 913661 2700 FROM POLICY PERIOD TO 03012015 03012016 AGENCY NUMBER 060692 BRANCH NUMBER 310 This policy becomes effective and expires at 1201 A.M. standard time at your mailing address on the dates shown above. The Named Insured is a Corporation. Your policy is composed of this Declarations with the attached Coverage Forms and Endorsements if any. The Policy Forms and Endorsement Schedule shows all forms applicable to this policy at the time of policy issuance. PREMIUM Estimated Estimated Premium Basis Exposure Rate Advance Premium FIat Chazge 539790 Minimum Premium 39790. Annual Total Advance Premium 39790.00 Audit Period is Not Auditable Page INSURED | 2 |
POLICY NUMBER C 6017056901 INSURED NAME AND ADDRESS ICS INC. 2500 MILL RD GRAND FORKS ND 58203 1504 POLICY LIMITS OF INSURANCE Each Incident 10000000 Aggregate 10000000 RETAINED LIMIT Retained Limit 10000 SCHEDULE OF UNDERLYING INSURANCE Underlying Insurer Policy Number Underlying LimitS of Policy Period Insurance Coverages Insurance Natl Fire Ins Co of Hartford General Each Occurrence Limit 1000000 Liability General Aggregate Limit 2000 000 Applies per location 6014694103 Does nt apply per project Eff 03012015 to 03012016 Products Completed Operations 2000000 Aggregate Limit Personal and Advertising 1000 000 Injury Liability Limit Valley Forge Insurance Co. Automobile Combined Bodily Injury and Liability Property Damage Liability Each Accident Limit 1000 000 6017056882 Bodily Injury Liability Each Person Limit Eff 03012015 to 03012016 Each Accident Limit Property Damage Liability Each Accident Limit Valley Forge Insurance Co. Employers Bodily Injury By Accident Liability Each Accident Limit 500 000 Bodily Injury By Disease 6017056896 Each Employee Limit 500 000 Policy Limit 500 000 Eff 03012015 to 03012016 Natl Fire Ins Co of Hartford Employee Each Employee Limit 1000000 Benefit Limit Aggregate Limit 2000000 6014694103 Eff 03012015 to 03012016 Aggregate 10000000 nan nan nan nan 14694103.0 nan nan nan nan 17056882.0 nan nan nan nan 17056896.0 00000 500000 500 000 Disease Limit ggregate Limit nan nan nan nan 14694103.0 Page INSURED | 2 |
POLICY NUMBER C 6017056901 INSURED NAME AND ADDRESS ICS INC. 2500 MILL RD GRAND FORKS ND 58203 1504 FORMS AND ENDORSEMENTS SCHEDULE Form Number G133136B G142553B G144224B G147158A G15057C G16375E G17900B G18132C G300912A G300982A G301134A IL0017 IL0165 IL0234 P56015B 072005 072005 012008 032004 062005 012004 012004 022013 022010 072010 102010 111998 092007 092007 111991 Form Title Bridge Endorsement Fungi Mold Mildew Yeast Microbe Exclusion Contract Exclusion of Certified Acts of Terrorism Exclusion Respirable Dust Commercial Umbrella Plus Coverage Part Contractor Limitation Endorsement Personal and Advertising Injury Limitation Endt Amendment of Insuring Agreement Employee Benefit Pollution Exclusion Amendment Crisis Management Coverage Endorsement Key Employee Replacement Expense Coverage Endt Common Policy Conditions No Dakota Changes Exam Of Your Books and Records North Dakota Changes Cancellation And Nonrenewal Design Errors and Omissions Exclusion PLEASE READ THE ENCLOSED IMPORTANT NOTICES CONCERNING YOUR POLICY Form Number Form Title G1l44246F 122007 Notice Offer Reject Terrorism Premium Disclosure Yoowas L MeZarnl Chairman of the Board P43770 B Ed. 1089 Countersignature Mum Page INSURED | 2 |
G133136 B Ed. 0705 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BRIDGE ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART Any state amendatory endorsement which is listed in the Commercial Umbrella Plus Coverage Part Declarations will modify the Commercial Umbrella Plus Coverage Part even if the endorsement does not state that it will modify the Commercial Umbrella Coverage Part. For the purposes of this endorsement a state amendatory endorsement means any Insurance Services Office ISO state cancellation nonrenewal or amendatory endorsement which begins with an IL or CG prefix. When a state amendatory endorsement is attached to the Commercial Umbrella Plus Coverage Part the term claim as used in the state amendatory endorsement shall mean ultimate net loss as defined in the Commercial Umbrella Plus Coverage Part. SL11106950L109100002008 G133136 B Ed. 0705 Page 1 of 1 | 2 |
G142553 8 Ed. 0705 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI MOLD MILDEW YEAST MICROBE EXCLUSION CONTRACTORS This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE FORM The Fungi and Microbes exclusion in Paragraph 2. Exclusions of Section Coverages is replaced by the following This insurance does not apply to Fungi and Microbes 1 Bodily injury or personal and advertising injury arising out of or relating to in whole or in part the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or growth or presence of any fungi or microbes. This exclusion applies regardless of any other cause or event that contributes concurrently or in any sequence to such injury or damage loss cost or expense. But this exclusion does not apply where your business is food processing sales or serving and the bodily injury is caused solely by food poisoning in connection with such processing sales or serving. 2 Property damage arising out of or relating to the actual alleged or threatened contact with exposure to existence of or growth or presence of any fungi or microbes. 3 Any loss cost or expense arising out of or relating to the testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or microbes by any insured or by anyone else. B. The following condition is added to Section IV Conditions Arbitration For property damage the determination of what portion of a loss is attributable to fungi and microbes and what portion is not shall be made by us. If you disagree with that determination you and we agree to submit to binding arbitration according to the Commercial Arbitration Rules of the American Arbitration Association or according to such other rules as you and we agree to. If binding arbitration of insurance disputes is not allowed in the state where you are incorporated or if you are not a corporation the state where you are domiciled then arbitration shall be non binding and shall only proceed if both you and we agree to enter into it. The arbitration will be held in the county where you are headquartered or at such other location as may be jointly agreed to by the arbitrators. Each party will bear its own arbitration costs. G142553 8 Ed. 0705 Page 1 of 1 Incorporates materials copyrighted by Insurance Services Office reprinted with their permission. | 2 |
G144224 8 Ed. 0108 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART A. The following exclusion is added This insurance does not apply to TERRORISM Any injury or damage arising directly or indirectly out of a certified act of terrorism. B. The following definitions are added 1. For the purposes of this endorsement any injury or damage means any injury or damage covered under the Commercial Umbrella Plus Coverage Part to which this endorsement is applicable and includes but is not limited to bodily injury property damage and personal and advertising injury. 2. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States to be of terrorism pursuant to the federal Terroris Insurance Act and its extensions. The Terrorism Risk Insurance Act and its exts set forth the following criteria for a certifiec terrorism a. The act resulted in aggregate los excess of 5 million and The act is a violent act or an act dangerous to human life prope infrastructure and is committed individual or individuals as part of an coerce the civilian population of the States or to influence the policy or aff conduct of the United States Governn coercion. Attorney General of the United States to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act and its extensions. The federal Terrorism Risk Insurance Act and its extensions set forth the following criteria for a certified act of terrorism a. The act resulted in aggregate losses in excess of 5 million and 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. LLV1106950L109100002008 G144224 8 Ed. 0108 Page 1 of 1 | 2 |
G147158 A Ed. 0304 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION RESPIRABLE DUST This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART EXCESS THIRD PARTY LIABILITY POLICY The following is added to SECTION COVERAGE 2. Exclusions This insurance does not apply to a. bodily injury arising in whole or in part out of the actual alleged or threatened respiration or ingestion at any time of respirable dust or b. personal and advertising injury or property damage arising in whole or in part out of the actual alleged or respirable dust. threatened presence of As used in this endorsement respirable dust means respirable particulate matter but does not include living organisms. All other terms conditions and exclusions of this policy remain unchanged. G147158 A Ed. 0304 Page 1 of 1 | 2 |
G15057 C Ed. 0605 CNA COMMERCIAL UMBRELLA PLUS COVERAGE PART Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured identified under SECTION Il WHO IS AN INSURED of this policy. The word insured means any person or organization qualifying as such under SECTION Il WHO IS AN INSURED. The words we us and our refer to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION V DEFINITIONS. SECTION COVERAGES 1. Insuring Agreement We will pay on behalf of the insured those sums in excess of scheduled underlying insurance unscheduled underlying insurance or the retained limit that the insured becomes legally obligated to pay as ultimate net loss because of bodily injury property damage or personal and advertising injury to which this insurance applies. a. This insurance applies to bodily injury and property damage only if 1 The bodily injury or property damage is caused by an incident anywhere in the world 2 The bodily injury or property damage occurs during the policy period and 3 With respect to bodily injury or property damage that continues changes or resumes so as to occur during more than one policy period both of the following conditions are met i Prior to the policy period no authorized insured knew that the bodily injury or property damage had occurred in whole or in part and ii During the policy period an authorized insured first knew that the bodily injury or property damage had occurred in whole or in part. For purposes of this Paragraph 1 a.3 only if bodily injury or property damage that occurs during this policy period does not continue change or resume after the G15057 C Ed. 0605 termination of this policy period and b no authorized insured first knows of this bodily injury or property damage until after the termination of this policy period then such first knowledge will be deemed to be during this policy period. b. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any authorized insured includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. c. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any authorized insured 1 Reports all or any part of the bodily injury or property damage to us or any other insurer 2 Receives a written or verbal demand claim or suit for damages because of the bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. d. This insurance applies to personal and advertising injury caused by an incident committed anywhere in the world during the policy period. If we are prevented by law statute or otherwise from paying on behalf of the insured then we will indemnify the insured for those sums that the insured is legally obligated to pay as ultimate net loss because of bodily injury property damage or personal and advertising injury to which this insurance applies. Exclusions This Insurance does not apply to a. Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury resulting from the use of reasonable force to protect persons or property. This exclusion does not apply to Employers Liability claims for bodily injury covered by scheduled underlying insurance. b. Contractual Liability Bodily inj property damage or personal and advertising injury for which the insured is obligated to pay damages by reason of the Page 1 of 17 8L11106950L109100002008 | 0 |
G15057 C Ed. 0605 assumption of liability in a contract or agreement. This exclusion does not apply to liability for ultimate net loss That the insured would have in the absence of the contract or agreement or Because of bodily injury or property damage assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Personal and advertising injury Exclusions Personal and advertising injury G 6 9 Caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury Arising out of oral or written publication of material if done by or at the direction of the insured with knowledge of its falsity Arising out of oral or written publication of material whose first publication took place before the beginning of the policy period Arising out of a criminal act committed by or at the direction of the insured Arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement Arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement Arising out of the wrong description of the price of goods products or services stated in your advertisement Arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights However this exclusion does not apply to infringement in your advertisement of copyright trade dress or slogan Committed by an insured whose business is a Advertising broadcasting publishing or telecasting b Designing or determining content of websites for others or c An Internet search access content or service provider However this exclusion does not apply to paragraphs 10. a. b. and c. of personal and advertising injury under SECTION V DEFINITIONS For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. 10 Arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control or 11 Arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. d. Workers Compensation and Similar Laws Any obligation of the insured under a 1 Workers compensation 2 Disability benefits or 3 Unemployment compensation law or any similar law. e. Employers Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of 1 above. This exclusion applies 1 Whether the insured may be liable as an employer or in any other capacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply 1 To liability assumed by the insured under an insured contract or 2 Only to the extent that coverage is provided by scheduled underlying insurance. G15057 C Ed. 0605 Page 2 of 17 | 1 |
G15057 C Ed. 0605 f. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a At or from any premises site or location b c e U g which is or was at any time owned or occupied by or rented or loaned to any insured At or from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste Which are or were at any time transported handled stored treated disposed of or processed as waste by or for any insured or any person or organization for whom you may be legally responsible or At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations i If the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor or i If the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. That are or that are contained in property that is i Being transported or towed by or handled for movement into onto or from a covered automobile i Otherwise in the course of transit iiiBeing stored disposed of treated or processed in or upon the covered automobile Before the pollutants or property in which the pollutants are contained are moved from the place where they are accepted by the insured for movement into or onto the covered automobile or After the pollutants or property in which the pollutants are contained are moved from the covered automobile to the place where they are finally i Delivered ii Disposed of or iii Abandoned by the insured. Subparagraphs a and di do not apply to bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. As used in this exclusion a hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. Subparagraph di does not apply to bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor. Subparagraph eiii does not apply to fuels lubricants fluids exhaust gases or other similar pollutants that are needed for or result from the normal electrical hydraulic or mechanical functioning of the covered automobile or its parts if the pollutants escape or are discharged dispersed or released directly from an automobile part designed by its manufacturer to hold store receive or dispose of such pollutants. Subparagraphs f and g do not apply if the pollutants or property in which the pollutants are contained are upset overturned or damaged as a result of the maintenance or use of a covered automobile and the discharge dispersal release or escape of the pollutants is caused directly by such upset overturn or damage. Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. Page 3 of 17 6L11106950L109100002008 G15057 C Ed. 0605 | 1 |
G15057 C Ed. 0605 3 Any loss cost or expense arising out of any a Request demand or order that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. g. Watercraft Bodily injury or property damage arising out of the 1 Ownership 2 Maintenance 3 Useor 4 Entrustment to others of a watercraft owned or operated by or rented or loaned to an insured. Use includes operation or loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the incident which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1 A watercraft while ashore on premises you own or rent 2 Awatercraft you do not own that is a Less than 55 feet long and b Not being used to carry persons or property for a charge or 3 Liability assumed under an insured contract for the ownership maintenance or use of watercraft. h. Aircraft The ownership maintenance operation use entrustment to others or loading or unloading of any aircraft 1 Owned by an insured or 2 Chartered without crew by an insured or on an insured s behalf. G15057 C Ed. 0605 This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the incident which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft that is owned or operated by or rented or loaned to any insured. War Any liability arising out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Damage to Property Property damage to 1 Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you 4 Personal property in the care custody or control of the insured s That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or 6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Page 4 of 17 | 1 |
G15057 C Ed. 0605 Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard. k. Damage to your Product Property damage to your product arising out of it or any part of it. I. Damage to you Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. m. Damage to Impaired Property or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 A defect deficiency inadequacy or dangerous condition in your product or your work or 2 A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. n. Recall of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. o. E.RIS.A. Liability for alleged or actual violations of the Employees Retirement Income Security Act of 1974 or any amendments or additions thereto. p. Directors and Officers Liability for a wrongful act error omission or breach of duty by an insured in the performance of the office of director or officer of an organization. G15057 C Ed. 0605 Uninsured Underinsured Motorist and Similar Laws Liability imposed on the insured under an uninsured underinsured motorist law a personal injury protection law a reparations benefit law or other similar law. Electronic Data Any liability arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. Nonemployment Related Discrimination To any alleged or actual nonemployment related discrimination committed intentionally against a person. Asbestos 1 Bodily Injury property damage or personal and advertising injury arising out of the actual alleged or threatened exposure at any time to asbestos or 2 Any loss cost or expense that may be awarded or incurred a By reason of a claim or suit for any such injury or damage or b In complying with a governmental direction or request to test for monitor clean up remove contain or dispose of asbestos. Fungi and Microbes 1 Bodily injury property damage or personal and advertising injury which would not have occurred in whole or in part but for the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or microbes or 2 Any loss cost or expense arising out of the testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or microbes by any insured or by anyone else. This exclusion applies regardless of any other cause or event that contributes concurrently or in any sequence to such injury or damage loss cost or expense. Silica 1 Bodily injury arising in whole or in part out of the actual alleged or threatened respiration or ingestion at any time of silica or Page 5 of 17 0811406950L10100002008 | 1 |
G15057 C Ed. 0605 aa. 2 Personal and advertising injury or property damage arising in whole or in part out of the actual alleged or threatened presence of silica. Named Insured vs. Named Insured Any liability arising out of claims or suits by a named insured against another named insured. Employment Related Practices Any liability arising out of 1 Arefusal to employ 2 Termination of employment 3 Demotion evaluation reassignment discipline 4 Coercion defamation discrimination harassment or humiliation or any other employment related practices policies acts or omissions. Terrorism Limitation Bodily injury or property damage arising out of any act of terrorism unless and then only to the extent that coverage is provided by scheduled underlying insurance. Liquor Liability Limitation Bodily injury or property damage for which an insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages unless and then only to the extent that coverage is provided by scheduled underlying insurance. Auto and Mobile Equipment Limitation Any liability arising out of the 1 Ownership 2 Maintenance 3 Useor 4 Entrustment to others of an automobile or mobile equipment owned or operated by or rented or loaned to an insured unless and then only to the extent that coverage is provided by scheduled underlying insurance. bb. To the extent that this insurance applies to an automobile or mobile equipment it is further subject to the pollution exclusion exclusion f. of this policy. Use includes operation or loading or unloading. Do Not Call Any liability arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law or 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law or 3 Any statute ordinance or regulation other than the TCPA or the CAN SPAM Act of 2003 that prohibits or limits the sending transmitting communicating or distribution of material or information. SECTION Il WHO IS AN INSURED Named Insured means any individual or organization stated in the Declarations of this policy and if you are designated in the Declarations of this policy as a. An individual you and your spouse but only with respect to the conduct of a business of which you are the sole owner. If you are designated in the Declarations of this policy as an individual this policy shall not apply to liability arising out of your domestic or non business activities. This does not apply to the ownership maintenance use or loading or unloading of any automobile or to the Personal Umbrella Liability Coverage Part. A partnership or joint venture you and your members your partners and their spouses but only with respect to the conduct of your business. No person or organization is an insured with respect to the conduct of any current or past partnership or joint venture that is not shown as a Named Insured in the Declarations. An organization other than a partnership or joint venture you and your executive officers and directors but only with respect to their duties as your officers or directors. Your stockholders are also named insureds but only with respect to their liability as stockholders. A limited liability company you and your members but only with respect to the conduct of your business. Your managers are also named insureds but only with respect to their duties as your managers. G15057 C Ed. 0605 Page 6 of 17 | 1 |
G15057 C Ed. 0605 No person or organization is an insured with respect to the conduct of any current or past limited liability company that is not shown as a Named Insured in the Declarations. A corporation or organization other than partnerships joint ventures or limited liability companies that you form acquire or gain control of during the policy period but only with respect to bodily injury property damage or personal and advertising injury taking place after you form acquire or gain control of such corporation or organization. 2. Insured means the Named Insured and Your volunteer workers only while performing duties related to the conduct of your business or your employees other than your executive officers and directors if you are an organization other than a partnership joint venture or limited liability company or your members if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct or your business. However none of these employees or volunteer workers is an insured for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company or to a co employee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business b To the spouse child parent brother or sister of that co employee or volunteer worker as a consequence of Paragraph 1a above For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs 1a or b above or c Arising out of his or her providing or failing to provide professional health care services. 2 Property damage to property a Owned occupied or used by b Rented to in the care custody or control or or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. b. A person or organization for whom you are required by virtue of a written contract entered into prior to the bodily injury property damage or personal and advertising injury occurring or being committed to provide the insurance that is afforded by this policy. This insurance applies only with respect to operations by you or on your behalf or to facilities you own or use but only to the extent of the limits of insurance required by such contract not to exceed the limits of insurance in this policy. c. Any other persons or organizations included as an insured under the provisions of the scheduled underlying insurance shown in the Declarations of this policy and then only for the same coverage except for limits of insurance afforded under such scheduled underlying insurance. However If a blanket additional insured endorsement is attached to the general liability scheduled underlying insurance pursuant to a written or oral contract or agreement between you and another person or organization called additional insured this insurance is excess over such insurance provided to the additional insured subject to the following conditions 1 If the limits specified in the written contract or agreement are less than the limits provided by the scheduled underlying insurance then no coverage is provided to the additional insured under this policy. If the limits specified in the written contract or agreement are greater than the limits provided by the scheduled underlying insurance then this insurance is excess over the insurance provided by the scheduled underlying insurance. The limits of insurance for the additional insured are the lesser of i The limits specified in the written contract or i The limits of the scheduled underlying insurance plus the limits of this policy. SECTION Il LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought c. Persons or organizations making claims or bringing suits. nan nan nan nan 18111069502.0 109100002008.0 G15057 C Ed. 0605 Page 7 of 17 | 1 |
G15057 C Ed. 0605 d. Automobiles aircraft or watercraft to which this policy applies or e. Coverages under which loss is insured in this policy. 2. The limit of insurance shown in the Declarations as the Aggregate Limit is the most we will pay for the sum of all ultimate net loss to which this insurance applies and applies separately to all ultimate net loss a. Included in the products completed operations hazard b. To which and in the same manner an aggregate limit applies under scheduled underlying insurance other than ultimate net loss included in the products competed operations hazard and c. To which no scheduled underlying insurance applies. The Aggregate Limit does not apply to ultimate net loss for which no aggregate limit applies in the scheduled underlying insurance. 3. Subject to 2. above the limit of insurance shown in the Declarations as the Each Incident limit is the most we will pay for the sum of all ultimate net loss to which this insurance applies arising arising out of any one incident. 4. In the event of reduction or exhaustion of the aggregate limits of insurance under scheduled underlying insurance solely by reason of payments of a combination of covered a. Expenses b. Settlements or c. Judgments paid thereunder as a result of bodily injury property damage or personal and advertising injury taking place during this policy period this policy shall subject to this limit of insurance provision and to the remaining terms and provisions and conditions of this policy a. Apply in excess of such reduction of scheduled underlying insurance or b. Apply in place of the exhausted amount of scheduled underlying insurance. Nothing in a. or b. above shall serve to increase the limits of insurance shown in the Declarations. 5. The limits of this policy shall apply separately to a. Each consecutive annual period and b. Remaining periods of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less G15057 C Ed. 0605 than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the limits of insurance. SECTION IV CONDITIONS 1. Financial Impairment Bankruptcy rehabilitation receivership liquidation or other financial impairment of you or an underlying insurer shall neither relieve nor increase any of our obligations under this policy. In the event there is diminished recovery or no recovery available to you as a result of such financial impairment of an insurer providing scheduled underlying insurance the coverage under this policy shall apply only in excess of the limits of insurance stated in the scheduled underlying insurance. Under no circumstances shall we be required to drop down and replace the limits of insurance or assume the obligations of a financially impaired insurer. 2. Duties of the Insured a. Inthe event of an incident which has not resulted in a claim or suit. Whenever you have information of an incident which involves injuries or damages likely to involve this policy written notice shall be given by or for you to us or to our authorized agent as soon as practicable. The notice shall contain 1 Particular information sufficient to identify the insured 2 Such information as can be reasonably obtained with respect to time place and circumstances of the occurrence or offense and 3 Names and addresses of the insured and of available witnesses. b. In the Event of Claims or Suit You shall provide us with written notice as soon as practicable whenever 1 A claim is made or suit is brought against you 2 You receive notice that a right to bring claim or suit against you will be asserted or 3 You obtain information that the obligation of underlying insurers to a Investigate b Defend c Pay on behalf of or d Indemnify you has ceased. Page 8 of 17 Page 8 of 17 | 1 |
G15057 C Ed. 0605 H Every demand notice summons amended complaint or other process received by you or your representative shall be forwarded with each notice. 3. Legal Action Against Us No legal action shall be brought against us unless you have fully complied with all the terms of this policy and the amount of your obligation to pay has been finally determined either by a. Judgment against you after actual trial or b. Written agreement between us you and the claimant. 4. Other Insurance This insurance is excess over and will not contribute with any other insurance available to the insured whether such other insurance is stated to be primary contributory excess contingent or otherwise. This condition does not apply to insurance purchased specifically to apply in excess of this insurance. 5. Premium Audit a. We will compute all premiums for this policy in accordance with our rules and rates. b. If the premium is shown in the Declarations as flat the premium for this policy is not subject to adjustment. c. If the premium is shown in the Declarations as adjustable the premium shown as the advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period. Audit premiums are due and payable on notice to the first Named Insured shown in the Declarations. If the sum of the advance and audit premiums paid for the policy term are greater than the earned premium we will return the excess subject to the minimum premium to the first Named Insured shown in the Declarations. d. The first Named Insured shown in the Declarations must keep records of the information we need for premium computation and send us copies at such times as we request. 6. Nonrenewal If we decide not to renew this policy we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. 7. Severability of Interests The insurance afforded applies separately to each insured against whom claim is made or suit is G15057 C Ed. 0605 10. 1. brought. However the inclusion of more than one insured shall not operate to increase the limits of insurance. Annual Rating If this policy is issued for a period in excess of one year the premium may be revised on each annual anniversary in accordance with our rates and rules in effect at that time. Scheduled Underlying Insurance Material change in premium for scheduled underlying insurance shall be promptly reported to us. Premium for this policy may be adjusted to reflect changes in underlying insurance in accordance with our manuals in effect at the time of the change. Maintenance of Scheduled Underlying Insurance While this policy is in force you agree that the policies listed in the Declarations as scheduled underlying insurance and their renewals and replacements shall be maintained without alterations of terms or conditions in full effect during the term of this policy except for reduction or exhaustion of the aggregate limits of insurance in the scheduled underlying insurance provided that such reduction or exhaustion is solely the result of incidents taking place during this policy period and not before. If you fail to maintain scheduled underlying insurance this condition shall not invalidate this policy. However in the event of such failure we will only be liable to the same extent as if you had complied with this condition. Appeals If you or your underlying insurers elect not to appeal a judgment in excess of the limits of insurance afforded by the a. Scheduled underlying insurance b. Unscheduled underlying insurance or c. Retained limit we may elect to appeal. Our limit of liability shall not be increased because of such appeal. We will however pay the following costs and expenses a. All premium bonds to release attachments for an amount not in excess of the applicable limit of liability of this policy b. All premiums on appeal bonds required in such defended suit but without obligation to apply for or furnish such bonds c. Court fees d. Costs and expenses taxed against you by the appellate court and interest accruing after entry of a judgment against you and before we have 1 Paid Page 9 of 17 ent between us you and the T insurance Is staled 0 be primary ss contingent or otherwise. This ot apply to insurance purchased y in excess of this insurance. ute all premiums for this policy in th our rules and rates. is shown in the Declarations as flat for this policy is not subject to n is shown in the Declarations as 2811106950L109100002008 Page 9 of 17 | 1 |
G15057 C Ed. 0605 2 Offered to pay or 3 Deposited in court the part of the judgment that is within the applicable limit of insurance. Where the underlying insurers terminate their liability to pay interest on the judgment by an offer to pay their limits you shall demand that such limits be paid. If the appeal is successful such amounts not obligated to be paid shall be returned to such underlying insurer. 12. Subrogation In the case of any payments by us under the coverages of this policy we shall be subrogated to all rights of recovery against any other party which you may have and will cooperate with you and all other interests. Amounts recovered shall be apportioned in the following order a. Amounts paid in excess of the payments under this policy shall first be reimbursed up to the amount paid by those including you who made such payments b. We are then to be reimbursed up to the amount we paid c. Any remainder shall be available to the interests of those over whom this coverage is in excess and who are entitled to claim such remainder. Expenses necessary to the recovery of such amounts shall be divided between the interests concerned including you in the ratio of their respective recoveries as finally settled. 13. Settlement of Claims or Suit We may pay but are not obligated to pay any part or all of the amount of the retained limit to effect settlement of a claim or suit. Upon notification of the action taken you shall promptly reimburse us for such part of the retained limit that we had paid. All named insureds are jointly and severally responsible for our reimbursement and agree to make such reimbursement within 30 days after we give you written notice or demand for payment. 14. Sole Agent The insured first named in the Declarations is authorized to act on behalf of all named insureds and other insureds with respect to a. The giving and receiving of notice of cancellation and b. Receiving return premium that may be payable under this policy. The insured first named in the Declarations is responsible for the payment of premiums but the other named Insureds jointly and severally agree to make G15057 C Ed. 0605 such payments in full if the insured first named fails to pay the amount due within 30 days after we give written notice or demand. 15. Trade Sanctions In accordance with laws and regulations of the United States concerning economic and trade embargoes this policy is void ab initio void from its inception with respect to any term or condition of this policy that violates any laws or regulations of the United States concerning economic and trade embargoes including but not limited to the following a. Any insured or any person or entity claiming the benefits of an insured who is or becomes a Specially Designated National or Blocked Person or who is otherwise subject to U.S. economic or trade sanctions b. Any claim or suit that is brought in a Sanctioned Country or by a Sanctioned Country Government where any action in connection with such claim or suit is prohibited by U.S. economic or trade sanctions c. Any claim or suit that is brought by any Specially Designated National or Blocked Person or any person or entity who is otherwise subject to U.S. economic or trade sanctions d. Property that is located in a Sanctioned Country or that is owned by rented to or in the care custody or control of a Sanctioned Country Government where any activities related to such property are prohibited by U.S. economic or trade sanctions or e. Property that is owned by rented to or in the care custody or control of a Specially Designated National or Blocked Person or any person or entity who is otherwise subject to U.S. economic or trade sanctions. As used in this policy a Specially Designated National or Blocked Person is any person or entity that is on the list of Specially Designated Nationals and Blocked Persons issued by the U.S. Treasury Department s Office of Foreign Asset Control O.F.A.C. as it may be from time to time amended. As used in this policy a Sanctioned Country is any country that is the subject of trade or economic embargoes imposed by the laws or regulations of the United States of America. SECTION V DEFINITIONS 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition Page 10 of 17 g Insurers terminate their liability to pay 1 the judgment by an offer to pay their shall demand that such limits be paid. If al is successful such amounts not to be paid shall be returned to such g insurer. of any payments by us under the his policy we shall be subrogated to all ery against any other party which you I will cooperate with you and all other unts recovered shall be apportioned in rder paid in excess of the payments under shall first be reimbursed up to the aid by those including you who made ents en to be reimbursed up to the amount nder shall be available to the interests of r whom this coverage is in excess and ntitled to claim such remainder. essary to the recovery of such amounts led between the interests concerned in the ratio of their respective recoveries Claims or Suit out are not obligated to pay any part or ount of the retained limit to effect 1 claim or suit. Upon notification of the ou shall promptly reimburse us for such ained limit that we had paid. All named ointly and severally responsible for our t and agree to make such t within 30 days after we give you or demand for payment. first named in the Declarations is act on behalf of all named insureds and Page 10 of 17 | 1 |
G15057 C Ed. 0605 H a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding websites only that part of a website that is about your goods or services for the purposes of attracting customers or supporters is considered an advertisement. 2. Automobile means a. A land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. However automobile does not include mobile equipment. 3. Bodily injury means bodily injury sickness or disease sustained by a person including death humiliation shock mental anguish or mental injury by that person at any time which results as a consequence of the bodily injury sickness or disease. 4. Aircraft means a vehicle designed to transport persons or property in the air. 5. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. ltincorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by a. The repair replacement adjustment or removal of your product or your work or b. Your fulfiling the terms of the contract or agreement. 6. Insured contract means a. Alease of premises b. A sidetrack agreement c. An easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. Anindemnification of a municipality as required by ordinance except in connection with work for a municipality e. An elevator maintenance agreement or f. The part of other contracts or agreements pertaining to your business including an G15057 C Ed. 0605 indemnification of a municipality in connection with work performed for a municipality under which you assume the tort liability to pay damages because of bodily injury or property damage to a third person or organization if the contracts or agreements are made prior to the bodily injury or property damage. Tort liability means liability that would be imposed by law in the absence of contracts or agreements. An insured contract does not include that part of a contract or agreement a. That indemnifies an architect engineer or surveyor for an injury or damages arising out of 1 Preparing approving or failing to prepare or approve a Maps b Drawings c Opinions d Reports e Surveys f Change orders g Designs or Specifications or 2 Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage b. Under which the insured if an architect engineer or surveyor assumes liability for injury or damage arising out of the insured s rendering or failure to render professional services including those listed in a.1 above and supervisory inspection or engineering services or c. That indemnifies a person or organization for damage by fire to premises rented or loaned to an insured. Loading or unloading means the handling of property a. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or automobile b. While it is in or on an aircraft watercraft or automobile or c. While it is being moved from an aircraft watercraft or automobile to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or automobile. Page 11 of 17 811106950L109100002008 | 1 |
G15057 C Ed. 0605 8. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads Vehicles that travel on crawler treads Vehicles maintained for use solely on or next to premises you own or rent Vehicles whether maintained primarily permanently mounted self propelled or not to provide mobility to 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers Vehicles not described in a. b.. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers Vehicles not described in a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following type of permanently attached equipment are not mobile equipment but will be considered automobiles 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobiles or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a G15057 C Ed. 0605 10. 1. compulsory or financial responsibility law or other motor vehicle insurance law are considered automobiles Incident a. With respect to bodily injury and property damage incident means an occurrence. An occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. With respect to personal and advertising injury incident means an offense arising out of your business. Personal and Advertising Injury means injury including consequential bodily injury arising out of one or more of the following offenses a. b. c. False arrest detention or imprisonment Malicious prosecution or abuse of process Wrongful eviction from wrongful entry into or the invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor Discrimination unless such insurance is prohibited by law Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services Oral or written publication in any manner of material that violates a person s right of privacy The use of another s advertising idea in your advertisement Infringing upon another s copyright trade dress or slogan in your advertisement. Products completed operations hazard includes bodily injury and property damage occurring away from premises an insured owns or rents and arising out of your product or your work except 1 Products in your physical possession or 2 Work not yet completed or abandoned. Your work will be deemed completed at the earliest of the following 1 When all work called for in the insured contract has been completed 2 When all of the work to be done at the site has been completed if the insured s contract calls for work at more than one site or Page 12 of 17 or next to or not obility to resurfacing equipment ers or rollers. b. c. or d. above that are maintained primarily permanently attached types mps and generators lding building cleaning on lighting and well r imilar devices used to a. b. c. or d. above urposes other than the r cargo. hicles with the following he d equipment are not will be considered rimarily for 11. Page 12 of 17 | 1 |
G15057 C Ed. 0605 H 3 When that part of the work done at a job site has been put to its intended use by a person or organization other than another contractor or subcontractor working on the same project. Work that may need a Service b Maintenance c Correction d Repair or e Replacement but which is otherwise complete will be treated as completed. c. This hazard does not include bodily injury or property damage arising out of 1 The transportation of property unless the injury or damage arises out of a condition in or on a vehicle created by the loading or unloading of it or 2 The existence of a Tools b Uninstalled equipment or c Abandoned or unused materials. 12. Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. 13. Suit means a civil proceeding in which damages because of a. Bodily injury b. Property damage or c. Personal and advertising injury to which this insurance applies are alleged. Suit includes a. An arbitration proceeding alleging such damages to which you must submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which you submit with our consent. 14. Your product means a. Any goods or products other than real property manufactured sold handled distributed or disposed of by 1 You 2 Others trading under your name or 3 A person or organization whose business or assets you have acquired and b. Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. Your product includes warranties or representations made with respect to the fitness quality durability performance or use of your product and the providing of or failure to provide warnings or instructions. Your product does not include vending machines or other property rented to or located for the use of others but not sold. 15. Your work means a. Work or operations performed by you or on your behalf and b. Materials parts or equipment furnished in connection with such work or operations. Your work includes warranties or representations made with respect to the fitness quality durability performance or use of your work and the providing of or failure to provide warnings or instructions. 16. Retained limit means the amount stated as such in the Declarations. The retained limit is retained and payable by the insured as respects all incidents not covered by scheduled underlying insurance or by unscheduled underlying insurance. 17. Scheduled underlying insurance means the insurance policies listed in the Schedule of Underlying Insurance including renewal or replacement of such contracts which are not more restrictive than those listed in the aforementioned Schedule of Underlying Insurance. 18. Ultimate net loss a. Ultimate net loss means the actual damages the insured is legally obligated to pay either through 1 Final adjudication on the merits or 2 Through compromise settlement with our written consent or direction because of incidents covered by this policy. However it includes the above mentioned sums only after deducting all other recoveries and salvages. other than another contractor r working on the same project. need ce nt ise complete will be treated as not include bodily injury or arising out of tion of property unless the e arises out of a condition in or created by the loading or e of ed equipment or ed or unused materials. neans tangible property including all ise of that property. All such loss G15057 C Ed. 0605 Page 13 of 17 | 1 |
G15057 C Ed. 0605 b. Ultimate net loss does not include the following 1 Costs or expenses related to a Litigation b Settlement c Adjustment or d Appeals nor costs or expenses incident to the same which an underlying insurer has paid incurred or is obligated to pay to or on behalf of the insured 2 Pre judgment interest 3 Office costs and expenses and salaries and expenses of the employees of an insured 4 Our office costs and expenses and salaries of our employees or 5 General retainer andor monitoring fees of counsel retained by the insured. 19. Underlying insurer means an insurer whose policy covers bodily injury property damage or personal and advertising injury also covered by this policy but does not include insurers whose policies were purchased specifically to be in excess of this policy. It includes all insurers providing a. Unscheduled underlying insurance and b. Scheduled underlying insurance. 20. Unscheduled underlying insurance a. Unscheduled underlying insurance means insurance policies available to an insured whether 1 Primary 2 Excess 3 Excess contingent or 4 Otherwise except the policies listed in the Schedule of Underlying Insurance. b. Unscheduled underlying insurance does not include insurance purchased specifically to be excess of this policy. 21. Watercraft means a vehicle designed to transport persons or property in or on water. 22 Authorized Insured means any named insured or any employee authorized by a named insured to give or receive notice of a claim or suit. 23. Electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including G15057 C Ed. 0605 systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 24. Pollutants means any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. 25. Fungi or microbes means a. Any form of fungus yeast mold mildew or mushroom including mycotoxins spores scents byproducts or other substances produced or released by fungi and b. Any bacteria virus or any other non fungal single celled or colony form organism including any toxins scents byproducts or other substances it produces or releases whose injurious source is in or on a building or its contents. But fungi and microbes does not include fungi that were deliberately grown for human consumption microbes that were transmitted directly from person to person or microbes that caused food poisoning if your business is food processing sales or serving. 26. Silica means the chemical compound silicon dioxide Si02 in any form including dust which contains silica. 27. Asbestos means the mineral in any form whether or not the asbestos was at any time a. Airborne as a fiber particle or dust b. Contained in or formed a part of a product structure or other real or personal property c. Carried on clothing d. Inhaled or ingested or e. Transmitted by any other means. 28. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. SECTION VI DEFENSE PAYMENT AND RELATED DUTIES 1. If a claim or suit alleges damages covered by underlying policies and the obligation of all underlying insurers either to a. Investigate and defend the insured or b. Pay the cost of such investigation and defense ceases solely through exhaustion of all underlying limits of insurance through payment of a combination Page 14 of 17 Py R A MR es and salaries and es of an insured enses and salaries of monitoring fees of nsured. insurer whose policy lamage or personal red by this policy but underlying insurance and derlying insurance. lerlying insurance underlying insurance means icies available to an insured ntingent or | 1 |
G15057 C Ed. 0605 H of covered expenses settlements or judgments for bodily injury property damage or personal and advertising injury taking place during our policy period then we will either a. Assume the investigation and defense of the insured against suits seeking damages or b. If we elect not to assume the investigation and defense in 1.a. above we will reimburse the insured for reasonable defense costs and expenses incurred with our written consent. However such reimbursement excludes 1 Office expenses of the insured 2 Salaries and expenses of employees and 3 General retainer fees of counsel retained by the insured. We will investigate and defend an insured or reimburse an insured for suits brought against an insured for a claim or suit that alleges damages because of bodily injury property damage or personal and advertising injury not covered under a. Scheduled underlying insurance and b. Unscheduled underlying insurance but which seeks damages because of bodily injury property damage or personal and advertising injut otherwise covered under this policy. Costs and expanses of such investigation and defense are not subject to the retained limit. We will investigate and defend an insured or reimburse an insured for such costs of investigation and defense described in either 1. or 2. above even if the allegations of a suit are a. Groundless b. False or c. Fraudulent but only until we make payment or offer to pay or deposit in court that part of judgments not exceeding our limit of insurance. We shall also have the sole right to make settiement of a suit as we deem expedient. If not permitted by law or otherwise to perform these duties we will pay an insured for defense costs and expenses incurred with our prior written consent. Amounts we pay or incur pursuant to the obligation to defend or pay the costs and expenses of defense are in addition to and not subject to the limits of insurance stated in the Declarations. In addition to our limits of insurance we will pay prejudgment interest awarded against an insured on that part of a judgment covered by this policy. We will G15057 C Ed. 0605 not pay prejudgment interest on that period of time after we offer to pay a. Our limit of insurance or b. That portion of our limit of insurance which equals the amount of a settlement demand when combined with the limits of underlying insurers. 8. We will pay interest on a judgment that accrues after entry of that judgment but before we have a. Paid b. Offered to pay or c. Deposited in court that part of the judgment that is within the limit of insurance of this policy. The amount of interest we pay will be in direct proportion that amount we pay as damages bears to the total amount of judgment. We will not pay additional interest that accrues after we have a. Paid b. Offered to pay c. Deposited in court that part of the judgment that is within the limit of insurance of this policy. 9. We will pay all reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit. This includes actual loss of earnings up to liability 250. a day because of time off from work. NUCLEAR ENERGY LIABILITY EXCLUSION ENDORSEMENT BROAD FORM Itis agreed that I. This policy does not apply A. Under Liability Coverage to bodily injury personal and advertising injury or property damage 1. With respect to which an insured under this policy is also an insured under a nuclear energy liability policy issued by the a. Nuclear Energy Liability Insurance Association b. Mutual Atomic Energy Liability Underwriters or C. Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its Page 15 0of 17 wustce diild n consent. 3 es and retained by insured or against an s damages damage or ed under i odilv initrv feUIEAl IV SULIT Lists U TTIVESHgaUVit scribed in either 1. or 2. above even if NUCLEARE of a suit are It is agreed that I. This policy 5811106950L109100002008 Page 15 0of 17 | 1 |
G15057 C Ed. 0605 termination upon exhaustion of its limit of liability or 2. Resulting from the hazardous properties of nuclear material and with respect to which a. Any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law or amendment thereof or b. The insured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization. B. Under any Supplementary Payments provision relating to first aid to expenses incurred with respect to bodily injury resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. Under any Liability Coverage to bodily injury personal and advertising injury or property damage resulting from the hazardous properties of nuclear material if 1. The nuclear material a. Is at any nuclear facility owned by or operated by or on behalf of an insured or b. Has been discharged or therefrom dispersed 2. The nuclear material is contained in spent fuel or waste at any time possessed handled used processed stored transported or disposed of by or on behalf of an insured or 3. The bodily injury personal and advertising injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the Planning Construction a b.. Maintenance d. Operation or e. Use of any nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this exclusion C.3. applies only to property damage to such nuclear facility and any property threat. G15057 C Ed. 0605 As used in this endorsement A Hazardous properties include radioactive toxic or explosive properties. Nuclear material means source material special nuclear material or byproduct material. Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor. Waste means waste material 1. Containing by product material other than the tailings or waste produced by the extraction or concentration of uranium or thorium from ore processed primarily for its source material content and 2. Resulting from the operation by any person or organization of a nuclear facility included within paragraphs 1. and 2. of the definition of nuclear facility. Nuclear facility means 1. Any nuclear reactor 2. Any equipment or device designed or used for a. Separating the isotopes of uranium or plutonium b. Processing or utilizing spent fuel or c. handling waste processing or packaging 3. Any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment is located consists of or contains more than a. 25 grams of plutonium or uranium 233 or any combination thereof or b. 250 grams of uranium 235 4. Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. Page 16 of 17 Page 16 of 17 | 1 |
G15057 C Ed. 0605 Nuclear reactor means an apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. H. Property damage includes all forms of radioactive contamination of property. 9811106950L109100002008 G15057 C Ed. 0605 Page 17 of 17 | 1 |
G16375 E Ed. 0104 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTOR LIMITATION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART I. The following paragraphs are added to SECTION COVERAGES 2. Exclusions This insurance does not apply 1. to bodily injury property damage or personal and advertising injury arising out of the rendering of or failure to render any professional services by or on behalf of any insured 2. to bodily injury property damage or personal and advertising injury arising out of any operation performed by or on behalf of any insured which is or was insured under an Owner Controlled Insurance Program O.C.L.P. or Contractor Controlled Insurance Program C.C.L.P. otherwise referred to as a wrap up 3. to bodily injury property damage or personal and advertising injury arising out of the design manufacture construction fabrication preparation installation application maintenance or repair including remodeling service correction or replacement of an exterior insulation and finishing system EIFS or any part thereof or any substantially similar system or any part thereof by or on behalf of any insured 4. to property damage arising out of the explosion hazard the collapse hazard or the underground property damage hazard 5. to bodily injury property damage or personal and advertising injury arising out of the subsidence of land 6. to bodily injury property damage or personal and advertising injury arising out of your work on any residential structure. Paragraphs 3. 4. 5. and 6. of this exclusion do not apply if such bodily injury property damage or personal injury and advertising injury is covered by scheduled underlying insurance. IIl. The following definitions are added to SECTION V DEFINITIONS Collapse hazard includes structural property damage and any resulting property damage to any other property at any time. Explosion hazard includes property damage arising out of blasting or explosion. The explosion hazard does not include property damage arising out of the explosion of air or steam vessels piping under G16375 E Ed. 0104 pressure prime movers machinery or transmitting equipment. Exterior insulation and finishing system means an exterior wall cladding system consi an insulation material attached to a substrate coat on the surface of the insulation material protective finish applied to the base coat a accessories thereto including but not lim conditioners primers accessories flashings cc caulking or sealants. Professional services means the pre approving or failing to prepare or approve shop drawings opinions reports surveys field change orders or drawings and specificati supervisory or inspection activities performed of any architectural engineering or su activities. Professional services do not services within construction means m techniques sequences and procedures emplo you in connection with your operations in your as a construction contractor. Residential structure means a structure whe or more of the square footage area is used or ir to be used for human habitation. Structural property damage means the collaps structural injury to any building or structure due 1. Grading of land excavating borrowing back filling tunneling pile driving cofferda or caisson work or 2. Moving shoring underpinning raisi demolition of any building or structure or r or rebuilding of any structural support building or structure. Subsidence means earth movement including limited to a. Landslide Mudflow Earth sinking Earth rising Collapse or movement of fill 9 a0 0 Earth settling slipping falling away ca eroding or tilting Earthquake or h. Any other movement of land or earth. Pag pressure prime movers machinery or power transmitting equipment. Exterior insulation and finishing system EIFS means an exterior wall cladding system consisting of an insulation material attached to a substrate a base coat on the surface of the insulation material and a protective finish applied to the base coat and any accessories thereto including but not limited to conditioners primers accessories flashings coatings caulking or sealants. Professional services means the preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or supervisory or inspection activities performed as part of any architectural engineering or surveying activities. Professional services do not include services within construction means methods techniques sequences and procedures employed by you in connection with your operations in your capacity as a construction contractor. Residential structure means a structure where 30 or more of the square footage area is used or intended to be used for human habitation. Structural property damage means the collapse of or structural injury to any building or structure due to 1. Grading of land excavating borrowing filling back filling tunneling pile driving cofferdam work or caisson work or 2. Moving shoring underpinning raising or demolition of any building or structure or removal or rebuilding of any structural support of that building or structure. Subsidence means earth movement including but not limited to a. Landslide Mudflow Earth sinking Earth rising Collapse or movement of fill 9 a0 0 Earth settling slipping falling away caving in eroding or tilting Earthquake or h. Any other movement of land or earth. Page 10f 2 | 2 |
G16375 E Ed. 0104 Underground property damage hazard includes underground property damage and any resulting property damage to any other property at any time. Underground property damage means property damage to wires conduits pipes mains sewers tanks tunnels any similar property or any apparatus used with them beneath the surface of the ground or water caused by and occurring during the use of mechanical equipment for the purpose of grading land paving excavating drilling borrowing filling back filling or pile driving. 811106950L109100002008 G16375 E Ed. 0104 Page 2 of 2 | 2 |
G17900 B Ed. 0104 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PERSONAL AND ADVERTISING INJURY LIMITATION ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART The following paragraph is added to SECTION 1 personal and advertising injury. However this exclusion COVERAGE 2. Exclusions does not apply to any claim or suit for which coverage is provided by scheduled underlying insurance. This insurance does not apply to All other terms exclusions and conditions of this policy remain unchanged and in full force and effect. G17900 B Ed. 0104 Page 1 of 1 | 2 |
G18132C Ed. 0213 CNA AMENDMENT OF INSURING AGREEMENT EMPLOYEE BENEFITS LIABILITY Itis understood and agreed that this endorsement amends the COMMERCIAL UMBRELLA PLUS COVERAGE PART as follows 1. SECTION I COVERAGES is amended to add the following to Paragraph 1. Insuring Agreement We will also pay on behalf of the insured those sums in excess of scheduled underlying insurance that the insured becomes legally obligated to pay as ultimate net loss because of a negligent act error or omission committed in the administration of your employee benefit program but only if and to the extent such ultimate net loss is covered by scheduled underlying insurance. Only for the purpose of the coverage provided by this endorsement a. Employee benefit plan means the same as it does in scheduled underlying insurance. b. Incident means a negligent act error or omission committed by you or on your behalf in the administration of your employee benefit program. c. Condition 10. Maintenance of Scheduled Underlying Insurance is amended to delete its requirement that aggregate reduction or exhaustion result solely from incidents taking place during this policy period and not before. All other terms and conditions of the Policy remain unchanged. 8811106950L109100002008 G18132C Ed. 0213 Page 1 of 1 Copyright CNA Al Rights Reserved. | 2 |
G300912 A Ed. 0210 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLLUTION EXCLUSION AMENDMENT This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART Exclusion f. of SECTION COVERAGES is deleted in its entirety and is replaced by the following f. Pollution 1 Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a Ator from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured b At or from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste c Which are or were at any time transported handled stored treated disposed of or processed as waste by or for any insured or any person or organization for whom you may be legally responsible or d At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations i If the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor or ii If the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. e That are or that are contained in property that is i Being transported or towed by or handled for movement into onto or from a covered automobile i Otherwise in the course of transit iii Being stored disposed of treated or processed in or upon the covered automobile f Before the pollutants or property in which the pollutants are contained are moved from the place where they are accepted by the G300912 A Ed. 0210 g insured for movement into or onto the automobile or After the pollutants or property in wh pollutants are contained are moved fi covered automobile to the place whe are finally i Delivered ii Disposed of or iii Abandoned by the insured. Subparagraph a does not apply to injury if sustained within a buildir caused by smoke fumes vapor produced by or originating from eqt that is used to heat cool or dehumi building or equipment that is used water for personal use by the bt occupants or their guests. Subparagraphs a and di do not bodily injury or property damage out of heat smoke or fumes from a fire. As used in this exclusion a hostile fire one which becomes uncontrollable or out from where it was intended to be. Subparagraph di does not apply to injury or property damage arising ou escape of fuels lubricants or other of fluids which are needed to perform the electrical hydraulic or mechanical fu necessary for operation of mobile equi or its parts if such fuels lubricants operating fluids escape from a vehic designed to hold store or receive then exception does not apply if the bodily or property damage arises out intentional discharge dispersal or rele the fuels lubricants or other operating or if such fuels lubricants or other of fluids are brought on or to the premis or location with the intent that tf discharged dispersed or released as the operations being performed by insured contractor or subcontractor. Subparagraph eiii does not apply t lubricants fluids exhaust gases ol similar pollutants that are needed Pag g insured for movement into or onto the covered automobile or After the pollutants or property in which the pollutants are contained are moved from the covered automobile to the place where they are finally i Delivered i Disposed of or iii Abandoned by the insured. Subparagraph a does not apply to bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests. Subparagraphs a and di do not apply to bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. As used in this exclusion a hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. Subparagraph di does not apply to bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor. Subparagraph eiii does not apply to fuels lubricants fluids exhaust gases or other similar pollutants that are needed for or Page 10f 2 | 2 |
G300912 A Ed. 0210 result from the normal electrical hydraulic or mechanical functioning of the covered automobile or its parts if the pollutants escape or are discharged dispersed or released directly from an automobile part designed by its manufacturer to hold store receive or dispose of such pollutants. Subparagraphs f and g do not apply if the pollutants or property in which the pollutants are contained are upset overturned or damaged as a result of the maintenance or use of a covered automobile and the discharge dispersal release or escape of the pollutants is caused directly by such upset overturn or damage. 2 Personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. 3 Any loss cost or expense arising out of any a Request demand or order that any insured or b others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. All other terms conditions and exclusions of this policy remain unchanged. 6811106950L109100002008 G300912 A Ed. 0210 Page 2 of 2 | 2 |
G300982 A Ed. 0710 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CRISIS MANAGEMENT COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART SCHEDULE Crisis Management Expense Aggregate Limit 250000 per policy period. Solely with respect to the Crisis Management Coverage provided by this endorsement the following changes apply to the Commercial Umbrella Plus Coverage Part. A. The following paragraph is added to SECTION I COVERAGES 1. Insuring Agreement e. When this policy applies to an incident that causes serious bodily injury or property damage we will reimburse you for eligible crisis management expense you incur and report to us within six months of the incident. B. The following changes are made to SECTION Il LIMITS OF INSURANCE 1. Paragraph 2. is deleted in its entirety and replaced with the following The limit of insurance shown in the Declarations as the Aggregate Limit is the most we will pay for the sum of all ultimate net loss and eligible crisis management expense to which this insurance applies. This Aggregate Limit applies separately to all ultimate net loss a. Included in the operations hazard b. To which and in the same manner an aggregate limit under scheduled underlying insurance other than ultimate net loss included in the products completed operations hazard and products completed c. To which no scheduled underlying insurance applies and includes any associated management expense. eligible crisis The Crisis Management Expense Aggregate Limit listed in the Schedule above is included within and is not in addition to the Aggregate Limit of this policy. The following paragraph is added 6. Subject to 2. above the Crisis Management Expense Aggregate Limit stated in the Schedule is the most we will pay for the sum of all eligible crisis management expense to which this insurance applies. C. The following definitions are added to SECTION V DEFINITIONS 1. Serious bodily injury or property damage means injury to three or more people resulting in death permanent disfigurement or the permanent loss or impairment of a bodily function body part or organ. Serious bodily injury or property damage also means property damage to which this insurance applies. Eligible crisis management expense means reasonable and necessary expenses incurred by a crisis management firm that you hire to provide media management services for the purpose of maintaining and restoring public confidence in you. But eligible crisis management expense does not mean any of the following a. Salary wages or benefits of you your employees or your temporary workers b. Costs to acquire repair or replace real or personal property Your loss of business income Your expense to hire a public adjuster or appraiser or any other claim adjustment expenses incurred by you and e. Bodily injury property damage personal and advertising injury or any expense or other coverage this policy provides other than this CRISIS MANAGEMENT COVERAGE ENDORSEMENT. All other terms conditions and exclusions of this policy remain unchanged. G300982 A Ed. 0710 Page 1 of 1 | 2 |
G301134 A Ed. 1010 CNA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KEY EMPLOYEE REPLACEMENT EXPENSE COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA PLUS COVERAGE PART SCHEDULE Limit of Insurance 100000 per Key Employee Key Employee Replacement Expense Coverage Aggregate Limit 100000 per policy period. Solely with respect to the Key Employment Replacement Expense Coverage provided by this endorsement the following changes apply to the Commercial Umbrella Plus Coverage Part. I. The following paragraphs are added to SECTION f. Any accident while the Key Employee was COVERAGES 1. Insuring Agreement driving while intoxicated impaired or other f. We will reimburse you for the actual and wise under the influence of alcohol or G301134 A necessary Key Employee Replacement Expense you incur due to your permanent loss of the g. Taking illegally obtained drugs. fovosso 3 Ky Enloee Catsod Dy 3 e o v youwoud o e covered accident and reported to us within six y months of the covered accident. a. Find a permanent replacement for the Key Insurance under this endorsement applies only if the Employee and covered accident occurs while your policy is in effect. b. Reduce or discontinue the Key Employee But the period of time for which we will pay expenses Replacement Expense covered under this endorsement will not be limited by the expiration of your policy. as soon as possible after your permanent loss of the services of the Key Employee caused by a Insurance under this endorsement does not apply to covered accident. 1. The death or permanent disability of a Key Insurance under this endorsement includes the Employee relating to or arising out of reasonable extra expense you incur to minimize i I the amount of Key Employee Replacement a. War and Miltary Action meaning Expense but only to the extent the amount of 1 War including undeclared or civil war Key Employee Replacement Expense otherwise 2 Warlike action by a miltary force payable under this endorsement is reduced. including action in hindering or defending 3. Any additional expenses incurred due to your loss against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in defending against any of these b. Nuclear reaction or radiation or radioactive contamination however caused c. Sickness or disease including metal illness or mental injury d. Pregnancy childbirth miscarriage or abortion e. Suicide attempted suicide or self inflicted bodily injury while sane or insane Ed. 1010 of the services of a permanent replacement employee appointed or hired to replace a Key Employee however caused. But this exclusion does not apply if the replacement employee is included in the definition as a Key Employee and your loss of the services of the replacement employee is caused by a covered accident. The amount of Key Employee Replacement Expense will be determined based on 1. Copyright 2010 CNA Financial Corporation The actual and necessary expenses covered under this endorsement which you incur to find to appoint or hire and to train a permanent replacement for the Key Employee and to continue the performance of the Key Employee s normal job responsibilities while a permanent replacement is being sought appointed or hired Page 10f 3 0611106950L109100002008 G301134 A Ed. 1010 Page 10f 3 | 2 |
G301134 A Ed. 1010 and trained. We will deduct from the total of such expenses 2. Necessary expenses Any expenses which would have been incurred by you for the Key Employee if you had not lost the services of the Key Employee and Any Key Employee Replacement Expense that is paid for by any other insurance. that reduce the Key Employee Replacement Expense that otherwise would have been incurred. Il. The following changes are made to SECTION lll LIMITS OF INSURANCE A. Paragraph 2. is deleted in its entirety and replaced with the following 2. The limit of insurance shown in the Declarations as the Aggregate Limit is the most we will pay for the sum of all ultimate net loss to which this insurance applies and applies separately to all ultimate net loss a. Included in the operations hazard products completed b. To which and in the same manner an aggregate limit applies under scheduled underlying insurance other than ultimate net loss included in the products competed operations hazard and c. To which no scheduled underlying insurance applies. The most we will pay for Key Employee Replacement Expense due to your loss of the services of any one Key Employee is the applicable Limit of Insurance shown in the Schedule for the Key Employee. The amount payable under this endorsement is not subject to the retained limit. The limit of insurance shown in the Schedule above as the Key Employee Replacement Expense Coverage Aggregate Limit is the most we will pay for the sum of all Key Employee Replacement Expense to which this insurance applies. This Key Employee Replacement Expense Coverage Aggregate Limit listed in the Schedule above is included within and is not in addition to the Aggregate Limit of this policy. The Aggregate Limit does not apply to ultimate net loss for which no aggregate limit applies in the scheduled underlying insurance. B. Paragraph 3. is deleted in its entirety and replaced with the following G301134 A Ed. 1010 Copyright 2010 CNA Financial Corporation Subject to 2. above the limit of insurance shown in the Declarations as the Each Incident limit is the most we will pay for the sum of all ultimate net loss and all Key Employee Replacement Expense to which this insurance applies arising out of any one incident. Il The following definitions are added to SECTION V DEFINITIONS Key Employee Replacement Expense as used in this endorsement means the necessary expenses you incur that you would not have incurred if you had not lost the services of the Key Employee 1. To continue the performance of the Key Employee s normal job responsibilities with comparable quality while a permanent replacement for the Key Employee is being sought appointed or hired and trained. Insurance under this endorsement for these expenses will apply for the period of time beginning on the date of your permanent loss of the services of the Key Employee caused by a covered accident and ending 60 days after the date a permanent replacement for the Key Employee is appointed or hired subject to a maximum period of 180 days. To find a qualified permanent replacement to fill the Key Employee s position described in the Schedule meaning the normal and reasonable a. Costs of advertising the employment position opening b. Travel lodging meal and entertainment expenses incurred in interviewing job applicants for the employment position opening and c. Miscellaneous extra expenses incurred in finding interviewing and negotiating with the job applicants including but not limited to overtime pay costs to verify the background and references the job applicants and legal expenses incurred to draw up employment contracts. Insurance under this endorsement for these expenses will apply for the period of time beginning on the date of your permanent loss of the services of the Key Employee caused by a covered accident and ending on the date a permanent replacement for the Key Employee is appointed or hired subject to a maximum period of 180 days. To appoint or hire and to train a permanent replacement for the Key Employee meaning the normal and reasonable Page 20f 3 Copyright 2010 CNA Financial Corporation Page 20f 3 | 2 |
G301134 A Ed. 1010 a. Expenses you incur to relocate the replacement employee to an area within a reasonable commute from the applicable employment location described in the Schedule b. First year amounts of the replacement employee s i Annual base starting salary ii Employee perquisite costs and Employee benefit costs in excess of the amounts which would have been incurred for the Key Employee if you had not lost the services of the Key Employee. But we will not pay more for these expenses than 10 of the amounts which would have been incurred for the Key Employee. c. First year costs of the replacement employee s training and education if the training and education is necessary for the replacement employee to perform the duties of the applicable position listed in the definition of Key Employee with the same quality of service as the Key Employee. Insurance under this endorsement for these expenses will apply only if the permanent replacement for the Key Employee is appointed or hired within 180 days after the date of your permanent loss of the services of the Key Employee caused by a covered accident. But Key Employee Replacement Expense does not mean any of the following a. Except as provided in paragraph 3.b above salary wages or benefits of you your employees your temporary workers or volunteer workers b. Costs to acquire repair or replace real or personal property Your loss of business income Your expense to hire a public adjuster or appraiser or any other claim adjustment expenses incurred by you. C. e. Bodily injury property damage personal and advertising injury or any expense or other coverage this policy provides other than this KEY EMPLOYEE REPLACEMENT EXPENSE COVERAGE ENDORSEMENT. Covered Accident means a sudden and unexpected incident not otherwise excluded in this endorsement which solely and independently of any other cause results in the Key Employee s 1. Death or 2. Permanent disability meaning the permanent physical inability or mental inability due to a permanent physical inability of the Key Employee to perform the normal duties of the applicable position for which the individual qualifies as a Key Employee within one year after the date of the sudden occurrence. Key Employee means of the following officer and employment positions Chief Executive Officer Chief Operating Officer Chief Financial Officer Corporate Secretary Treasurer oo wN Executive Vice President and 7. Risk Manager. The following is added to the definition of incident c. With respect to Key Employee Replacement Expense Coverage incident means a Covered Accident. All other terms conditions and exclusions of this policy remain unchanged. C. e. Bodily injury property damage personal and advertising injury or any expense or other coverage this policy provides other than this KEY EMPLOYEE REPLACEMENT EXPENSE COVERAGE ENDORSEMENT. Covered Accident means a sudden and unexpected incident not otherwise excluded in this endorsement which solely and independently of any other cause results in the Key Employee s 1. Death or 2. Permanent disability meaning the permanent physical inability or mental inability due to a permanent physical inability of the Key Employee to perform the normal duties of the applicable position for which the individual qualifies as a Key Employee within one year after the date of the sudden occurrence. Key Employee means of the following officer and employment positions Chief Executive Officer Chief Operating Officer Chief Financial Officer Corporate Secretary Treasurer oo wN Executive Vice President and 7. Risk Manager. The following is added to the definition of incident c. With respect to Key Employee Replacement Expense Coverage incident means a Covered Accident. nan nan nan nan 16141069502.0 109100002008.0 G301134 A Ed. 1010 Copyright 2010 CNA Financial Corporation Page 30f 3 | 2 |
CNA CHANGE ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT IS A PART OF YOUR POLICY AND TAKES EFFECT ON THE EFFECTIVE DATE OF YOUR POLICY UNLESS ANOTHER EFFECTIVE DATE IS SHOWN BELOW. Design Errors and Omissions Exclusion Itis agreed that this insurance does not apply to any liability arising out of the rendering of or failure to render professional services including the design of products machinery and equipment and caused by an act error or omission of the Named Insured or any person for whose acts the Named Insured is legally liable. POLICY CHANGE NO. EFFECTIVE DATE OF THIS POLICY CHANGE COUNTERSIGNED BY DATE AUTHORIZED REPRESENTATIVE P56015 B 1191 ED. | 2 |
IL00 17 1198 H A. D. COMMON POLICY CONDITIONS All Coverage Parts included in this policy are subject to the following conditions. Cancellation 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium or b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed proof of mailing will be sufficient proof of notice. Changes This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy. Examination Of Your Books And Records We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. Inspections And Surveys 1. We have the right to a. Make inspections and surveys at any time b. Give you reports on the conditions we find and c. Recommend changes. 2. We are not obligated to make any inspections surveys reports or recommendations and any such actions we do undertake relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recommendations we may make relative to certification under state or municipal statutes ordinances or regulations of boilers pressure vessels or elevators. E. Premiums The first Named Insured shown in the Declarations 1. Is responsible for the payment of all premiums and 2. Will be the payee for any return premiums we pay. Transfer Of Your Rights And Duties Under This Policy Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. med Insured shown in the Declarations this policy by mailing or delivering to written notice of cancellation. ncel this policy by mailing or delivering t Named Insured written notice of at least ys before the effective date of ation if we cancel for nonpayment of n or ys before the effective date of ation if we cancel for any other reason. or deliver our notice to the first Named st mailing address known to us. ncellation will state the effective date of. The policy period will end on that y is cancelled we will send the first ured any premium refund due. If we refund will be pro rata. If the first ured cancels the refund may be less ta. The cancellation will be effective ave not made or offered a refund. nailed proof of mailing will be sufficient IL00 17 11 98 Copyright Insurance Services Office Inc. 1998 Page 1 of 1 | 2 |
IL 01 65 09 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NORTH DAKOTA CHANGES EXAMINATION OF YOUR BOOKS AND RECORDS This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART The Examination Of Your Books And Records 2. Any audit conducted to determine the premium Common Policy Condition is replaced by the following due or to be refunded must be completed within EXAMINATION OF YOUR BOOKS AND 180 days after RECORDS a. The expiration date of the policy or 1. Except as provided in 2. below we may b. The anniversary date if this is a continuous examine and audit your books and records as policy or a policy written for a term longer they relate to this policy at any time during the than one year policy period and up to three years afterward. unless you agree in writing to extend the audit nerind 2. Any audit conducted to determine the premium due or to be refunded must be completed within 180 days after a. The expiration date of the policy or b. The anniversary date if this is a continuous policy or a policy written for a term longer than one year unless you agree in writing to extend the audit period. 611106950L109100002008 IL 01 65 09 07 Page 1 of 1 Copyright ISO Properties Inc. 2006 | 2 |
IL 0234 09 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NORTH DAKOTA CHANGES CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following CAPITAL ASSETS PROGRAM OUTPUT POLICY COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART PROFESSIONAL LIABILITY COVERAGE PART A. Paragraphs 2. and 3. of the Cancellation Common Policy Condition are replaced by Paragraphs 2. and 3. below except to the extent that Item B. of this endorsement applies. 2. Policies In Effect IL 02 34 09 07 For Less Than 90 Days If this policy has been in effect for less than 90 days we may cancel the policy for any reason by mailing to the first Named Insured and agent if any written notice of cancellation at least 1 10 days before the effective date of cancellation or 2 5 days before the effective date of cancellation for any condition stated in Paragraph B. of this endorsement. For 90 Days Or More Or Policies With Terms Longer Than One Year Or Continuous Policies If this policy has been in effect for 90 days or more is a renewal of a policy we issued is a policy issued for a term longer than one year or is a continuous policy we may cancel the policy only for one or more of the following reasons 1 Nonpayment of premiums 2 Misrepresentation or fraud made by the insured or with the insured s knowledge in obtaining the policy or in pursuing a claim under the policy 3 The insured s actions that have substantially increased or substantially changed the risk insured Copyright ISO Properties Inc. 2006 4 The insured s refusal to eliminate known conditions that increase the potential for loss after our notification that the condition must be removed Substantial change in the risk assumed except to the extent that we should reasonably have foreseen the change or contemplated the risk in writing the contract 6 Loss of reinsurance which provided us with coverage for a significant amount of the underlying risk insured 7 A determination by the insurance commissioner that the continuation of the policy could place us in violation of North Dakota insurance laws 8 Nonpayment of dues to an association or organization other than an insurance association or organization where payment of dues is a prerequisite to obtaining or continuing such insurance. Cancellation for this reason does not apply to persons who are retired at sixty two years of age or older or to any person who is disabled according to social security standards A violation of any local fire health safety building or construction regulation or ordinance with respect to Covered Property or the occupancy thereof which substantially increases any hazard insured against or 10 Certain conditions exist as stated in Paragraph B. of this endorsement. G Page 1 of 2 4 The insured s refusal to eliminate known conditions that increase the potential for loss after our notification that the condition must be removed Substantial change in the risk assumed except to the extent that we should reasonably have foreseen the change or contemplated the risk in writing the contract Loss of reinsurance which provided us with coverage for a significant amount of the underlying risk insured A determination by the insurance commissioner that the continuation of the policy could place us in violation of North Dakota insurance laws Nonpayment of dues to an association or organization other than an insurance association or organization where payment of dues is a prerequisite to obtaining or continuing such insurance. Cancellation for this reason does not apply to persons who are retired at sixty two years of age or older or to any person who is disabled according to social security standards A violation of any local fire health safety building or construction regulation or ordinance with respect to Covered Property or the occupancy thereof which substantially increases any hazard insured against or 10 Certain conditions exist as stated in Paragraph B. of this endorsement. G 611106950L10100002008 Page 1 of 2 | 2 |
We will mail written notice of cancellation to the first Named Insured and agent if any at least a 5 days before the effective date of cancellation for any condition stated in Paragraph B. of this endorsement b 10 days before the effective date of cancellation for nonpayment of premium or 30 days before the effective date of cancellation for any reason stated in Paragraphs 2.b.2 through 9 above. However for policies with terms longer than one year or continuous policies notice of cancellation will be mailed at least 30 days prior to any anniversary date for any reason stated in Paragraphs 2.b.1 through 9 above. If we cancel for a reason listed in Paragraphs 2.b.1 through 9 above the notice of cancellation will state our reasons for cancellation. We will mail our notice by first class mail to the first Named Insured and agent if any at the last mailing address known to us. c B. We may also cancel the policy if one or more of the following conditions exist 1. Buildings with at least 65 of the rental units in the building unoccupied. Buildings that have been damaged by a covered cause of loss and the insured has stated or such time has elapsed as clearly indicates that the damage will not be repaired. Buildings to which following a fire permanent repairs have not commenced within 60 days following satisfactory adjustment of loss. Buildings that have been unoccupied 60 or more consecutive days except buildings that have a seasonal occupancy and buildings actually in the course of construction or repair and reconstruction which are properly secured against unauthorized entry. Buildings that are in danger of collapse because of serious structural conditions or those buildings subject to extremely hazardous conditions not contemplated in filed rating plans such as those buildings that are in a state of disrepair as to be dilapidated. Buildings on which because of their physical condition there is an outstanding order to vacate or an outstanding demolition order or 10. The which have been declared unsafe in accordance with applicable law. Buildings from which fixed and salvageable items have been or are being removed and the insured can give no reasonable explanation for the removal. Buildings on which there is reasonable knowledge and belief that the property is endangered and is not reasonably protected from possible arson for the purpose of defrauding an insurer. Buildings with any of the following conditions a. Failure to furnish heat water sewer service or public lighting for 30 consecutive days or more. b. Failure to correct conditions dangerous to life health or safety. c. Failure to maintain the building in accordance with applicable law. d. Failure to pay property taxes for more than one year. Buildings that have characteristics of ownership condition occupancy or maintenance which are violative of law or public policy. following is added and supersedes any provision to the contrary NONRENEWAL 1. If we elect not to renew this policy we will mail to the last known address of the first Named Insured shown in the Declarations and agent if any a notice of intention not to renew at least a. 60 days prior to the expiration date of the policy except as provided in Paragraph b. or b. 90 days prior to the expiration date of the policy when the policy provides professional liability coverage for legal and medical services. The notice of nonrenewal will state our reason for nonrenewal. We will mail our notice by first class mail to the first Named Insured and agent if any at the last mailing address known to us. We need not mail or deliver this notice if you have a. Insured elsewhere b. Accepted replacement coverage or c. Requested or agreed to nonrenewal. Page 2 of 2 Copyright ISO Properties Inc. 2006 IL 0234 09 07 | 2 |
CNA 333 S Wabash Chicago lllinois 60604 Policy Number From Policy Period To C6017056901 030115 030116 Named Insured And Address ICs INC. 2500 MILL RD GRAND FORKS ND 58203 1504 Coverage Is Provided By Agency Continental Casualty Company 060692310 Agent LOCKTON COMPANIES LLC 444 W. 47TH ST. 900 KANSAS CITY MO 64112 PAYMENT PLAN SCHEDULE IT IS AGREED THAT THE TOTAL ESTIMATED PREMIUM SHOWN IN THE DECLARATIONS OF THIS POLICY IS PAYABLE AS FOLLOWS EFFECTIVE DATE 03012015 06012015 09012015 12012015 TOTAL PREMIUM PREMIUM 13132. 8886. 8886. 8886. 39790. 5611106950L10100002008 ISSUE DATE 030515 | 2 |
9611106950L10100002008 END OF COPY | 2 |
IMPORTANT NOTICE TO POLICYHOLDERS WITH PREMISES OR OPERATIONS IN FLORIDA FLORIDA HURRICANE CATASTROPHE FUND EMERGENCY ASSESSMENT The Florida Office of Insurance Regulation has levied an emergency assessment on direct written premiums for all property and casualty lines of business in Florida. This emergency assessment is to fund obligations costs and expenses of the Florida Hurricane Catastrophe Fund and the Florida Hurricane Catastrophe Fund Corporation. This emergency assessment is 1.3 and applies to all subject policies effective on or after January 1 2011. We are required by statute and order to collect this emergency assessment from policyholders and remit it to the State. This assessment for your policy appears as 2011 FHCF EMER ASSESS CL. Form G3413 1 Page 1 of 1 2011 The Hartford | 2 |
UMBRELLA LIABILITY POLICY QUICK REFERENCE READ YOUR POLICY CAREFULLY This quick reference page has been designed to help you find easily the information you are looking for. In the DECLARATIONS PAGE you will find specifics of your policy including Your Name and Address Policy Period Limits of Insurance Premium Form Numbers of Endorsements that apply. In the form titled UMBRELLA LIABILITY POLICY POLICY PROVISIONS you will find under SECTION 1 Explanation of INSURING AGREEMENTS AND EXCLUSIONS Provisions for INVESTIGATION DEFENSE SETTLEMENT m Explanation of WHO IS AN INSURED v Explanation of LIMITS OF INSURANCE NUCLEAR ENERGY LIABILITY EXCLUSION Vi Policy CONDITIONS vil DEFINITIONS of certain policy terms 1 Explanation of INSURING AGREEMENTS AND EXCLUSIONS Provisions for INVESTIGATION DEFENSE SETTLEMENT m Explanation of WHO IS AN INSURED v Explanation of LIMITS OF INSURANCE A NUCLEAR ENERGY LIABILITY EXCLUSION Vi Policy CONDITIONS vil DEFINITIONS of certain policy terms In Section VI you will find a number of conditions that apply to this policy. They are Premium Changes Inspection and Audit Separation of Insureds Duties in the Event of Occurrence Claim or Suit Maintenance of Underlying Insurance Assistance and Cooperation of the Insured Cancellation Non Renewal Legal Action Against Us Appeals Other Insurance Transfer of Rights of Recovery Against Others to Us Workers Compensation Agreement Bankruptcy or Insolvency Representations IeoTmoo py nozgrxe In Witness Whereof our President and a Secretary have signed this policy. Where required by law the declarations page has been countersigned by our duly authorized representative. Terence Shields Secretary losz 4 g Andr A. Napoli Fresident Form XL 70 00 12 06 | 2 |
UMBRELLA LIABILITY POLICY DECLARATIONS INSURER HARTFORD CASUALTY INSURANCE COMPANY ONE HARTFORD PLAZA HARTFORD CT 06155 THE POLICY NUMBER 37 RHU KW7738 K3 HARTFORD RENEWAL OF 37 RHU KW7738 Items 1. Named Insured and Mailing Address TRG HOLDINGS LLC TRG CUSTOMER SOLUTIONS INC 1700 PENNSYLVANIA AVE NW STE 560 WASHINGTON DC 20006 DISTRICT OF COLU COUNTY 2. Policy Period From 010114 To 010115 1201 A.M. Standard Time at mailing address shown above. 3. Agent Broker Name LOCKTON COMPANIES LLC 4. Audit Period NOT SUBJECT TO AUDIT ADVANCE PREMIUM PREMIUM RATE PER BASIS 5. Premium 10692.00 W. VA. SURCHARGE 22.28 2011 FHCF ASSESS CL 3.86 6. Self Insured Retention 10000 each occurrence 7. Limits of Insurance The Limits of Insurance subject to all of the terms of this policy are General Aggregate Limit Other than Products Completed Operations Bodily Injury By Disease and Automobile 10000000 Products Completed Operations Aggregate Limit 10000000 Bodily Injury By Disease Aggregate Limit 10000000 Each Occurrence Limit 10000000 8. Underlying Insurance Policies See attached Schedule 9. This policy consists of a This Declarations The Schedule of Underlying Insurance Policies X00050502 The Policy Provisions L00030605 The Policy Cover XL00070698 Any Endorsements shown below. Endorsements forming part of this policy when issued XL70001206 HM99011185 IH09850312 IH99400409 IH99410409 XL02270399 X1L04151088 XL21241100 XL21820393 XL22800209 XL23170204 XL23251210 X1L23300312 XL23401203 XL24011210 XL24581210 XL24601209 IH12001185 FORM XL 21 24 PROFESSIONAL LIABILITY EXCLUSION Countersigned by Where required by law Authorized Representative Date THE iy HARTFORD PREMIUM PER BASIS 22.28 3.86 RATE 10000000 10000000 10000000 10000000 Form XL 00 01 01 07 | 2 |
SCHEDULE OF UNDERLYING INSURANCE POLICIES POLICY NUMBER 37 RHU KW7738 This schedule forms a part of the policy designated herein. Named Insured and Mailing Address TRG HOLDINGS LLC TRG CUSTOMER SOLUTIONS INC 1700 PENNSYLVANIA AVE NW STE 560 WASHINGTON DC 20006 DISTRICT OF COLU COUNTY Insurer Policy Number and Period Type of Coverage Applicable Limits A TWIN CITY FIRE INSURANCE COMPANY 37 WE BP6053 010114 TO 010115 Employers Liability Bodily Injury Limit Employers Liability Bodily Injury Limit 1000000 1000000 1000000 Each accident by accident Policy limit by disease Each employee by disease B SENTINEL INSURANCE COMPANY LIMITED 37 UUN KW7937 010114 TO 010115 Commercial Auf Commercial Auto Liability written to include all owned non owned and hired autos except as listed below Single Liability Limit 1000000 Split Liability Limits Each accident Bodily injury each person Bodily injury each accident Property damage each accident OWNED AUTO HARTFORD UNDERWRITERS INSURANCE COMPANY 37 UUN KW7937 010114 TO 010115 Commercial General Commercial General Liability 1000000 written to include all coverages of CG0001 or HG0001 except as 1000000 listed below 2000000 Each occurrence limit Personal and advertising injury limit General aggregate limit other than products completed operations Products completed operations aggregate limit 2000000 Form XL 00 05 05 02 PAGE 1 CONTINUED ON NEXT PAGE | 2 |
SCHEDULE OF UNDERLYING INSURANCE POLICIES Continued POLICY NUMBER 37 RHU KW7738 Insurer Policy Number and Period Type of Coverage D Other Specify HARTFORD UNDERWRITERS INSURANCE COMPANY 37 UUN KW7937 010114 TO 010115 Applicable Limits 1000000 EACH CLAIM LIMIT 1000000 AGGREGATE LIMIT EMPLOYEE BENEFITS LIABILITY Note Maintenance of Underlying Insurance Condition Except that in any jurisdiction where the amount of Employers Liability Coverage afforded by the underlying insurer is by law unlimited the limit stated does not apply and the policy of which this schedule forms a part shall afford no insurance with respect to Employers Liability in such jurisdiction. PAGE 2 Form XL 00 05 05 02 | 2 |
UMBRELLA LIABILITY POLICY PROVISIONS In this policy the words you and your refer to the Named Insured first shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. We us and our refer to the stock insurance company member of The Hartford Financial Services Group Inc. shown in the Declarations. Other words and phrases that appear in quotation marks also have special meaning. Refer to DEFINITIONS Section VII. IN RETURN FOR THE PAYMENT OF THE PREMIUM in reliance upon the statements in the Declarations made a part hereof and subject to all of the terms of this policy we agree with you as follows SECTION COVERAGES INSURING AGREEMENTS A. Umbrella Liability Insurance 1. We will pay those sums that the insured becomes legally obligated to pay as damages in excess of the underlying insurance or of the self insured retention when no underlying insurance applies because of bodily injury property damage or personal and advertising injury to which this insurance applies caused by an occurrence. But the amount we will pay as damages is limited as described in Section IV LIMITS OF INSURANCE. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Section I INVESTIGATION DEFENSE SETTLEMENT. 2. This insurance applies to bodily injury property damage or personal and advertising injury only if a. The bodily injury property damage or personal and advertising injury occurs during the policy period and b. Prior to the policy period no insured listed under Paragraph A. of Section lll Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. 3. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under paragraph A. of Section Ill Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim a. Reports all or any part of the bodily injury or property damage to us or any other insurer b. Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or c. Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. B. Exclusions This policy does not apply to 1. Pollution Any obligation a. To pay for the cost of investigation defense or settlement of any claim or suit against any insured alleging actual or threatened injury or damage of any nature or kind to persons or property which arises out of or would not have occurred but for the pollution hazard or b. To pay any damages judgments settlements loss costs or expenses that may be awarded or incurred i. By reason of any such claim or suit or any such injury or damage or ii. In complying with any action authorized by law and relating to such injury or damage. Form XL 00 03 06 05 Page 1 of 14 2005 The Hartford | 0 |
UMBRELLA LIABILITY POLICY POLICY PROVISIONS As used in this exclusion pollution hazard means an actual exposure or threat of exposure to the corrosive toxic or other harmful properties of any solid liquid gaseous or thermal a. Pollutants b. Contaminants c. lrritants or d. Toxic substances Including Smoke Vapors Soot Fumes Acids Alkalis Chemicals and Waste materials consisting of or containing any of the foregoing. Waste includes materials to be recycled reconditioned or reclaimed. EXCEPTION This exclusion does not apply a. To bodily injury to any of your employees arising out of and in the course of their employment by you or To injury or damage as to which valid and collectible underlying insurance with at least the minimum limits shown in the Schedule of Underlying Insurance Policies is in force and applicable to the occurrence. In such event any coverage afforded by this policy for the occurrence will be subject to the pollution exclusions of the underlying insurance and to the conditions limits and other provisions of this policy. In the event that underlying insurance is not maintained with limits of liability as set forth in the Schedule of Underlying Insurance Policies coverage under any of the provisions of this exception does not apply. Exception b. does not apply to Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants 1 That are or that are contained in any property that is a Being transported or towed by handled or handled for movement into onto or from any auto b Otherwise in the course of transit by or on behalf of the insured or c Being stored disposed of treated or processed in or upon any auto 2 Before the pollutants or any property in which the pollutants are contained are moved from the place where they are accepted by the insured for movement into or onto any auto or 3 After the pollutants or any property in which the pollutants are contained are moved from any auto to the place where they are finally delivered disposed of or abandoned by the insured. Paragraph 1 above does not apply to fuels lubricants fluids exhaust gases or other similar pollutants that are needed for or result from the normal electrical hydraulic or mechanical functioning of an auto covered by the underlying insurance or its parts if a. The pollutants escape seep migrate or are discharged or released directly from an auto part designed by its manufacturer to hold store receive or dispose of such pollutants and b. The bodily injury property damage or covered pollution cost or expense does not arise out of the operation of any following equipment i. Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting or well servicing equipment and ii. Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers. Page 2 of 14 Form XL 00 03 06 05 | 1 |
UMBRELLA LIABILITY POLICY POLICY PROVISIONS This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by an insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to aircraft that is a. Hired chartered or loaned with a paid crew but b. Not owned by any insured. This exclusion does not apply to bodily injury to any of your employees arising out of and in the course of their employment by you. Watercraft Bodily injury or property damage arising out of the ownership operation maintenance use entrustment to others loading or unloading of any watercraft. This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by an insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to a. Watercraft you do not own that is 1 Lessthan 51 feet long and 2 Not being used to carry persons or property for a charge b. Bodily injury to any of your employees arising out of and in the course of their employment by you or c. Any watercraft while ashore on premises owned by rented to or controlled by you. War Any injury or damage however caused arising directly or indirectly out of a. War including undeclared or civil war or Paragraphs 2 and 3 above do not apply to accidents that occur away from premises owned by or rented to an insured with respect to pollutants not in or upon an auto covered by the underlying insurance if a. The pollutants or any property in which the pollutants are contained are upset overturned or damaged as a result of the maintenance or use of the auto and b. The discharge dispersal seepage migration release or escape of the pollutants is caused directly by such upset overturn or damage. Workers Compensation and Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. Contractual Liability Liability assumed by the insured under any contract or agreement with respect to an occurrence taking place before the contract or agreement is executed. Personal And Advertising Injury This policy does not apply to personal and advertising injury. EXCEPTION This exclusion does not apply if underlying insurance is applicable to personal and advertising injury and to claims arising out of that personal and advertising injury. Underlying Insurance Any injury or damage a. Covered by underlying insurance but for any defense which any underlying insurer may assert because of the insured s failure to comply with any condition of its policy or b. For which damages would have been payable by underlying insurance but for the actual or alleged insolvency or financial impairment of an underlying insurer. Aircraft Bodily injury or property damage arising out of the ownership operation maintenance use entrustment to others loading or unloading of any aircraft a. Owned by any insured or b. Chartered or loaned to any insured. Form XL 00 03 06 05 Page 3 of 14 | 1 |
UMBRELLA LIABILITY POLICY POLICY PROVISIONS 14 15. 16. if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. Expected or Intended Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. Employer Liability Coverage afforded any of your employees for bodily injury or personal and advertising injury a. To other employees arising out of and in the course of their employment b. To the spouse child parent brother or sister of that employee as a consequence of such bodily injury to that employee. c. To you or any of your partners or members if you are a partnership joint venture or your members if you are a limited liability company or d. Avrising out of the providing or failing to provide professional health care services. Subparagraphs a. and b. of this exclusion apply 1 Whether the insured may be liable as an employer or in any other capacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of the injury. EXCEPTION Subparagraphs a. and b. of this exclusion do not apply if underlying insurance is maintained providing coverage for such liability with minimum underlying limits as described in the Schedule of Underlying Insurance Policies. Property Damage to Employee s Property Coverage afforded any of your employees for property damage to property owned or occupied by or rented or loaned to 10. 11. 12. 13. b. Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or c. Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Damage to Property Property damage to property you own. Damage to Your Product Property damage to your product arising out of it or any part of it. Damage to Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. Damage to Impaired Property or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of a. A defect deficiency inadequacy or dangerous condition in your product or your work or b. A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. Recall of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of a. Your product b. Your work or c. Impaired Property Page 4 of 14 Form XL 00 03 06 05 | 1 |
UMBRELLA LIABILITY POLICY POLICY PROVISIONS 17. d. That employee Any of your other employees Any of your partners or members if you are a partnership or joint venture or Any of your members if you are a limited liability company. Uninsured or Underinsured Motorists Any claim for a. Uninsured or Underinsured Motorists Coverage Personal injury protection c. Property protection or d. Any similar no fault coverage by whatever name called Unless this policy is endorsed to provide such coverage. 18. Employment Practices Liability a. Any injury or damage to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as but not limited to coercion demotion evaluation reassignment discipline defamation harassment humiliation or discrimination directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of any injury or damage to that person at whom any of the employment related practices described in paragraphs a b or c above is directed. This exclusion applies i. Whether the insured may be liable as an employer or in any other capacity and ii. To any obligaton to share damages with or repay someone else who must pay damages because of the injury. 19. Employee Retirement Income Security 20. 21 Act Any liability arising out of intentional or unintentional violation of any provision of the Employee Retirement Income Security Act of 1974 Public Law 93 406 commonly referred to as the Revision Act of 1974 or any amendments to them. Asbestos Any injury damages loss cost or expense including but not limited to bodily injury property damage or personal and advertising injury arising out of or relating to in whole or in part the asbestos hazard that a. May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the asbestos hazard or Arise out of any request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove encapsulate contain treat detoxify or neutralize or in any way respond to or assess the effects of any asbestos hazard or c. Arise out of any claim or suit for damages because of testing for monitoring cleaning up removing encapsulating containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of an asbestos hazard. Racing And Stunting Activities s Bodily injury or property damage arising out of the ownership operation maintenance use entrustment to others loading or unloading of auto or mobile equipment while being used in any a. Prearranged or organized racing speed or demolition contest Stunting activity or Preparation for any such contest or activity. Form XL 00 03 06 05 Page 5 of 14 | 1 |
UMBRELLA LIABILITY POLICY POLICY PROVISIONS 22. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 23. Limited Underlying Coverage Any injury damage loss cost or expense including but not limited to bodily injury property damage or personal and advertising injury for which a. an underlying insurance policy or policies specifically provides coverage but b. because of a provision within the underlying insurance such coverage is provided at a limit or limits of insurance that are less than the limits for the underlying insurance policy or policies shown on the Schedule of Underlying Insurance Policies. SECTION Il INVESTIGATION DEFENSE SETTLEMENT A. With respect to bodily injury property damage or personal and advertising injury to which this insurance applies whether or not the self insured retention applies and 1. For which no coverage is provided under any underlying insurance or 2. For which the underlying limits of any underlying insurance policy have been exhausted solely by payments of damages because of occurrences during the policy period 1. Will have the right and the duty to defend any suit against the insured seeking damages on account thereof even if such suit is groundless false or fraudulent but our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settlements under coverages afforded by this policy 2. May make such investigation and settlement of any claim or suit as we deem expedient 3. Will pay all expenses incurred by us all costs taxed against the insured in any suit defended by us and all interest on the entire amount of any judgment therein which accrues after the entry of the judgment and before we have paid or tendered or deposited in court that part of the judgment which does not exceed the applicable limit of insurance 4. Wil pay all premiums on appeal bonds required in any such suit premiums on bonds to release attachments in any such suit for an amount not in excess of the applicable limit of insurance and the cost of bail bonds required of the insured because of an accident or traffic law violation arising out of the operation of any vehicle to which this policy applies but we will have no obligation to apply for or furnish any such bonds 5. Will pay all reasonable expenses incurred by the insured at our request in assisting us in the investigation or defense of any claim or suit including actual loss of earnings not to exceed 500 per day per insured and the amounts so incurred except settlement of claims and suits are not subject to the self insured retention and are payable in addition to any applicable limit of insurance. The Insured agrees to reimburse us promptly for amounts paid in settlement of claims or suits to the extent that such amounts are within the self insured retention. You agree to arrange for the investigation defense or settlement of any claim or suit in any country where we may be prevented by law from carrying out this agreement. We will pay defense expenses incurred with our written consent in connection with any such claim or suit in addition to any applicable limit of insurance. We will also promptly reimburse you for our proper share but subject to the applicable limit of insurance of any settlement above the self insured retention made with our written consent. We will have the right to associate at our expense with the insured or any underlying insurer in the investigation defense or settlement of any claim or suit which in our opinion may require payment hereunder. In no event however will we contribute to the cost and expenses incurred by any underlying insurer. Page 6 of 14 Form XL 00 03 06 05 | 1 |
UMBRELLA LIABILITY POLICY POLICY PROVISIONS 2. Any person or organization with whom you agreed because of a written contract written agreement or because of a permit issued by a state or political subdivision to provide insurance such as is afforded under this policy but only with respect to your operations your work or facilities owned or used by you. This provision does not apply a. Unless the written contract or written agreement has been executed or the permit has been issued prior to the bodily injury property damage or personal and advertising injury and b. Unless limits of liability specified in such written contract written agreement or permit is greater than the limits shown for underlying insurance or c. Beyond the period of time required by the written contract or written agreement. 3. Any person or organization having proper temporary custody of your property if you die but only a. With respect to liability arising out of the maintenance or use of that property and b. Until your legal representative has been appointed. 4. Your legal representative if you die but only with respect to his or her duties as such. That representative will have all your rights and duties under this policy. With respect to auto any insured in the underlying insurance is an insured under this insurance policy subject to all the limitations of such underlying insurance. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain financial interest of more than 50 of the voting stock will qualify as an insured if there is no other similar insurance available to that organization. However 1. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period whichever is earlier 2. This insurance does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and SECTION lll WHO IS AN INSURED If you are doing business as A. 1. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. A limited liability company you are an insure Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. Each of the following is also an insured 1. Your volunteer workers only while performing duties related to the conduct of your business or your employees other than your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts a. Within the scope of their employment by you or while performing duties related to the conduct of your business and b. Only if such volunteer workers or employees are insureds under underlying insurance with limits of liability no less than stated in the Schedule of Underlying Insurance Policies subject to all the coverage terms conditions and limitations of such underlying insurance. Form XL 00 03 06 05 Page 7 of 14 | 1 |
UMBRELLA LIABILITY POLICY POLICY PROVISIONS 3. This insurance does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. E. Each person or organization not included as an insured in Paragraphs A. B. C. or D. who is an insured in the underlying insurance is an insured under this insurance subject to all the terms conditions and limitations of such underlying insurance. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. With respect to any person or organization who is not an insured under underlying insurance coverage under this policy shall apply only to loss in excess of the amount of the underlying insurance or self insured retention applicable to you. However coverage afforded by reason of the provisions set forth above applies only to the extent i Of the scope of coverage provided by the underlying insurance but in no event shall coverage be broader than the scope of coverage provided by this policy and any endorsements attached hereto and ii That such coverage provided by the underlying insurance is maintained having limits as set forth in the Schedule of Underlying Insurance Policies. SECTION IV LIMITS OF INSURANCE A. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of 1. Insureds 2. Claims made or suits brought 3. Persons or organizations making claims or bringing suits or 4. Coverages under which damages are covered under this policy. B. The Limit of Insurance stated as the General Aggregate Limit is the most we will pay for the sum of damages other than damages 1. Because of injury or damage included within the products completed operations hazard 2. Because of bodily injury by disease to your employees arising out of and in the course of their employment by you and 3. Because of bodily injury and property damage arising out of the ownership operations maintenance use entrustment to others loading or unloading of any auto. C. The Limit of Insurance stated as the Products Completed Operations Aggregate Limit is the most we will pay for damages because of injury or damage included within the products completed operations hazard. D. The Limit of Insurance stated as the Bodily Injury By Disease Aggregate Limit is the most we will pay for damages because of bodily injury by disease to your employees arising out of and in the course of their employment by you. E. Subject to B. C. or D above whichever applies the Each Occurrence Limit is the most we will pay for damages because of all bodily injury property damage and personal and advertising injury arising out of any one occurrence. F. Our obligations under this insurance end when the applicable Limit of Insurance available is used up. If we pay any amounts for damages in excess of that Limit of Insurance you agree to reimburse us for such amounts. G. The Limits of Insurance of this policy apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations. However if the policy period is extended after issuance for an additional period of less than 12 months the additional period will be deemed part of the last preceding period for the purpose of determining the Limits of Insurance. SECTION V NUCLEAR ENERGY LIABILITY EXCLUSION Broad Form A. The insurance does not apply 1. To bodily injury or property damage a. With respect to which an insured under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability or Page 8 of 14 Form XL 00 03 06 05 | 1 |
UMBRELLA LIABILITY POLICY POLICY PROVISIONS Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility. Nuclear facility means 1 Any nuclear reactor 2 Any equipment or device designed or used for a separating the isotopes of uranium or plutonium b processing or utilizing spent fuel or c handling processing or packaging waste 3Any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 4 Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material Property damage includes all forms of radioactive contamination of property. SECTION VI CONDITIONS A. Premium All premiums for this policy shall be computed in accordance with Item 5 of the Declarations. The premium stated as such in the Declarations is a deposit premium only which shall be credited to the amount of any earned premium. At the close of each policy period the earned premium shall be computed for such period and upon notice thereof to the Named Insured first shown in the Declarations shall become due and payable by such Named Insured. b. Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the insured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization. To bodily injury or property damage resulting from the hazardous properties of nuclear material if a. The nuclear material a is at any nuclear facility owned by or operated by or on behalf of an insured or b has been discharged or dispersed therefrom b. The nuclear material is contained in spent fuel or waste at any time possessed handled used processed stored transported or disposed of by or on behalf of an insured or c. The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this exclusion c. applies only to property damage to such nuclear facility and any property thereat. As used in this exclusion Hazardous properties include radioactive toxic or explosive properties Nuclear material means source material special nuclear material or by product material Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor Form XL 00 03 06 05 Page 9 of 14 | 1 |
UMBRELLA LIABILITY POLICY POLICY PROVISIONS If the total earned premium for the policy period is less than the premium previously paid and more than the minimum premium we shall return to such Named Insured the unearned portion paid by such Named Insured. The Named insured first shown in the Declarations shall maintain records of such information as is necessary for premium computation and shall send copies of such records to us at the end of the policy period and at such times during the policy period as we may direct. B. Inspection and Audit We shall be permitted but not obligated to inspect your property and operations at any time. Neither our right to make inspections nor the making thereof nor any report thereon shall constitute an undertaking on your behalf or for your benefit or that of others to determine or warrant that such property or operations are 1. Safe 2. Healthful or 3. In compliance with any law rule or regulation. We may examine and audit your books and records at any time during the policy period and extensions thereof and within three years after the final termination of this policy insofar as they relate to the subject matter of this policy. C. Duties In The Event Of Occurrence Claim or Suit 1. You must see to it that we are notified as soon as practicable of an occurrence which may result in a claim under this policy. This requirement applies only when such occurrence is known to any of the following a. You or any additional insured that is an individual b. Any partner if you or an additional insured are a partnership c. Any manager if you or an additional insured are a limited liability company d. Any executive officer or insurance manager if you or an additional insured are a corporation e. Any trustee if you or an additional insured is a trust or f. Any elected or appointed official if you or an additional insured is a political subdivision or public entity. This duty applies separately to you and any additional insured. To the extent possible notice should include b. c. How when and where the occurrence took place The names and addresses of any injured persons and witnesses and The nature and location of any injury or damage arising out of the occurrence or offense. If a claim is made or suit is brought against any insured you must b. Immediately record the specifics of the claim or suit and the date received and Notify us in writing as soon as practicable if the claim is likely to exceed the amount of the self insured retention or underlying insurance whichever applies. You and any other involved insured must Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit involving or likely to involve a sum in excess of any self insured retention or underlying insurance whichever applies Authorize us to obtain records and other information Cooperate with us in the investigation or settlement of the claim or defense against the suit and Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this policy or any underlying insurance or self insured retention may apply. No insured will except at that insured s own cost make or agree to any settlement for a sum in excess of The total limits of underlying insurance or Page 10 of 14 Form XL 00 03 06 05 | 1 |
UMBRELLA LIABILITY POLICY POLICY PROVISIONS D. F. b The self insured retention if no underlying insurance applies without our consent. 5. No insureds will except at that insured s own cost make a payment assume any obligation or incur any expenses other than first aid without our consent. Assistance and Cooperation of the Insured The insured shall 1. Cooperate with us and comply with all the terms and conditions of this policy and 2. Cooperate with any of the underlying insurers as required by the terms of the underlying insurance and comply with all the terms and conditions thereof. The insured shall enforce any right of contribution or indemnity against any person or organization who may be liable to the insured because of bodily injury property damage or personal and advertising injury with respect to this policy or any underlying insurance. Legal Action Against Us No person or organization has a right under this policy a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this policy unless all of its terms and those of the underlying insurance have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this policy or that are in excess of the limit of liability. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. Appeals In the event the insured or the insured s underlying insurer elects not to appeal a judgment in excess of the underlying insurance or the self insured retention we may elect to make such appeal at our cost and expense. If we so elect we shall be liable in addition to the applicable Limit of Insurance for the H. 1. Taxable costs 2. Disbursements and 3. Additional interest incidental to such appeal But in no event will we be liable for damages in excess of the applicable aggregate Limit of Insurance. If a judgment is rendered in excess of the limits of underlying insurance and we offer to pay our full share of such judgment but you or your underlying insurers elect to appeal it you your underlying insurers or both will bear a. The cost and duty of obtaining any appeal bond b. The taxable costs disbursements and additional interest incidental to such appeal and c. Any increase in damages over the amount the matter could have been settled for after the verdict was entered and before the appeal was filed. Other insurance This policy shall apply in excess of all underlying insurance whether or not valid and collectible. It shall also apply in excess of other valid and collectible insurance except other insurance purchased specifically to apply in excess of this insurance which also applies to any loss for which insurance is provided by this policy. These excess provisions apply whether such other insurance is stated to be 1. Primary 2. Contributing 3. Excess or 4. Contingent. Transfer Of Rights Of Recovery Against Others To Us a. If the insured has rights to recover all or a part of any payment we have made under this policy those rights are transferred to us. The insured must do nothing after a loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. Form XL 00 03 06 05 Page 11 of 14 | 1 |
UMBRELLA LIABILITY POLICY POLICY PROVISIONS The Named Insured first shown in the Declarations shall give us written notice as soon as practicable of any of the following 1. Any change in the coverage or in the limits of any underlying insurance including but not limited to a change from occurrence coverage to claims made coverage 2. Termination of part or all of one or more of the policies of underlying insurance 3. Reduction or exhaustion of an aggregate limit of liability of any underlying insurance. The self insured retention shall not apply should the underlying insurance be exhausted by the payment of claims or suits which are also covered by this policy. Cancellation 1. The Named Insured first shown in the Declarations may cancel this policy by mailing or delivering to us or to any of our authorized agents advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the Named Insured first shown in the Declarations at the address shown in this policy written notice of cancellation at least a. 10 days before the effective date of cancellation if such Named Insured fails to pay the premium or any installment when due or b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. If notice is mailed proof of mailing will be sufficient proof of notice. Notice will state the effective date of cancellation. The policy period will end on that date. Delivery of such notice by the Named Insured first shown in the Declarations or by us will be equivalent to mailing. 4. If the Named Insured first shown in the Declarations cancels the refund may be less than pro rata but we wil retain any minimum premium stated as such in the Declarations. If we cancel the refund will be pro rata. The cancellation will be effective even if we have not made or offered a refund. b. Recoveries shall be applied to reimburse 1 First any interest including the Named Insured that paid any amount in excess of our limit of liability 2 Second us along with any other insurers having a quota share interest at the same level 3 Third such interests including the Named Insured of whom this insurance is excess. However a different apportionment may be made to effect settlement of a claim by agreement signed by all interests. c. Reasonable expenses incurred in the exercise of rights of recovery shall be apportioned among all interests in the ratio of their respective losses for which recovery is sought. Changes This policy contains all the agreements between you and us concerning the insurance afforded. Notice to any agent or knowledge possessed by any agent or any other person shall not effect a waiver or a change in any part of this policy or stop us from asserting any rights under the terms of this policy. The Named Insured first shown in the Declarations is authorized on behalf of all insureds to agree with us on changes in the terms of this policy. If the terms are changed the changes will be shown in an endorsement issued by us and made a part of this policy. Separation Of Insureds Except with respect to the Limits of Liability and any rights or duties specifically assigned in this policy to the Named Insured first shown in the declarations this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. Maintenance of Underlying Insurance Policies affording in total the coverage and limits stated in the Schedule of Underlying Insurance Policies shall be maintained in full effect during the currency of this policy. Your failure to comply with the foregoing shall not invalidate this policy but in the event of such failure we shall be liable only to the extent that we would have been liable had you complied herewith. Page 12 of 14 Form XL 00 03 06 05 | 1 |
UMBRELLA LIABILITY POLICY POLICY PROVISIONS N. Non Renewal 1. If we decide not to renew we will mail or deliver to the Named Insured first shown in the Declarations at the address shown in this policy written notice of non renewal at least 30 days before the end of the policy period. 2. If notice is mailed proof of mailing will be sufficient proof of notice. 3. If we offer to renew but such Named Insured does not accept this policy will not be renewed at the end of the current policy period. Workers Compensation Agreement With respect to bodily injury to any officer or other employee arising out of and in the course of employment by you you represent and agree that you have not abrogated and will not abrogate your common law defenses under any Workers Compensation Law by rejection of such law or otherwise. If at any time during the policy period you abrogate such defenses the insurance for bodily injury to such officer or other employee automatically terminates at the same time. Bankruptcy or Insolvency In the event of the bankruptcy or insolvency of the insured or any entity comprising the insured we shall not be relieved of any of our obligations under this policy. Representations By accepting this policy you agree a. The statements in the Declarations are accurate and complete b. The statements in the Schedule Of Underlying Insurance Policies are accurate and complete c. The statements in a. and b. are based upon representations you made to us d. We have issued this policy in reliance upon your representations and e. If unintentionally you should fail to disclose all hazards at the inception of this policy we shall not deny coverage under this policy because of such failure. SECTION VII DEFINITIONS Except as otherwise provided in this section or amended by endorsement the words or phrases that appear in quotation marks within this policy shall follow the defi ns of the applicable underlying insurance policy. Accident includes continuous or repeated exposure to the same conditions resulting in bodily injury or property damage. Asbestos hazard means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form. Auto means a land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment. But auto does not include mobile equipment. Covered pollution cost or expense means any cost or expense arising out of 1. Any request demand order or statutory or regulatory requirement or 2. Any claim or suit by or on behalf of a governmental authority demanding that the insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. Covered pollution cost or expense does not include any cost or expense arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants 1 That are or that are contained in any property that is a. Being transported or towed by handled or handled for movement into onto or from any auto b. Otherwise in the course of transit by or on behalf of the insured or c. Being stored disposed of treated or processed in or upon any auto or 2 Before the pollutants or any property in which the pollutants are contained are moved from the place where they are accepted by the insured for movement into or onto any auto or 3 After the pollutants or any property in which the pollutants are contained are moved from any auto to the place where they are finally delivered disposed of or abandoned by the insured. Form XL 00 03 06 05 Page 13 of 14 | 1 |
UMBRELLA LIABILITY POLICY POLICY PROVISIONS Paragraph a. above does not apply to fuels lubricants fluids exhaust gases or other similar pollutants that are needed for or result from the normal electrical hydraulic or mechanical functioning of an auto covered by the underlying insurance or its parts if 1 The pollutants escape seep migrate or are discharged or released directly from an auto part designed by its manufacturer to hold store receive or dispose of such pollutants and 2 The bodily injury property damage or covered pollution cost or expense does not arise out of the operation of any equipment listed in paragraphs 6.b and 6.c. of the definition of mobile equipment. Paragraphs b. and c. above do not apply to accidents that occur away from premises owned by or rented to an insured with respect to pollutants not in or upon an auto covered by the underlying insurance if 1 The pollutants or any property in which the pollutants are contained are upset overturned or damaged as a result of the maintenance or use of the auto and 2 The discharge dispersal seepage migration release or escape of the pollutants is caused directly by such upset overturn or damage. Damages include prejudgment interest awarded against the insured on that part of the judgment we pay. Damages do not include 1. Fines 2. Penalties or 3. Damages for which insurance is prohibited by the law applicable to the construction of this policy. Subject to the foregoing damages include damages for any of the following which result at any time from bodily injury to which this policy applies Death Mental anguish Shock Disability or Care and loss of services or consortium. Insured means any person or organization qualifying as an insured in the applicable WHO IS AN INSURED provision of this policy. The insurance afforded applies separately to each insured against whom claim is made or suit is brought except with respect to the limit of our liability under LIMITS OF INSURANCE SECTION 1V. L I Occurrence means 1. With respect to bodily injury or property damage an accident including continuous or repeated exposure to substantially the same general harmful conditions and 2. With respect to personal and advertising injury an offense described in one of the numbered subdivisions of that definition in the underlying insurance. Policy period means the period beginning with the inception date stated as such in the Declarations and ending with the earlier of 1. The date of cancellation of this policy or 2. The expiration date stated as such in the Declarations. Self insured retention means the amount stated as such in the Declarations which is retained and payable by the insured with respect to each occurrence. Underlying insurance means the insurance policies listed in the Schedule of Underlying Insurance Policies including any renewals or replacements thereof which provide the underlying coverages and limits stated in the Schedule of Underlying Insurance Policies. The limit of underlying insurance includes 1. Any deductible amount 2. Any participation of any insured and 3. Any self insured retention above or beneath any such policy Less the amount if any by which the aggregate limit of such insurance has been reduced by any payment relating to any act error omission injury damage or offense for which insurance is provided by this policy including Medical Payments Coverage as described in the underlying insurance. The coverages and limits of such policies and any such deductible amount participation or self insured retention shall be deemed to be applicable regardless of 1. Any defense which any underlying insurer may assert because of the insured s failure to comply with any condition of its policy or 2. The actual or alleged insolvency or financial impairment of any underlying insurer or any insured. The risk of insolvency or financial impairment of any underlying insurer or any insured is borne by you and not by us. Page 14 of 14 Form XL 00 03 06 05 | 1 |
POLICY NUMBER 37 RHU KW7738 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INSTALLMENT PLAN We and you agree that you will pay the premium in installments as shown below Date 010114 020114 030114 040114 050114 060114 Premium 891. 891. 891. 891. 891. 891. 00 00 00 00 00 00 Date 070114 080114 090114 100114 110114 120114 Premium 891. 891. 891. 891. 891. 891. 00 00 00 00 00 00 ALSO DUE 010114 W. VA. SURCHARGE 2011 FHCF ASSESS CL AMOUNT 22.28 3.86 Form HM 99 01 11 85 Printed in U.S.A. NS | 2 |
POLICY NUMBER 37 RHU KW7738 THIS ENDORSEMENT IS ATTACHED TO AND MADE PART OF YOUR POLICY IN RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE ACT. DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT TERRORISM PREMIUM CERTIFIED ACTS Coverage Premium if Covered UMBRELLA S 106.00 nan nan nan nan 106.0 TOTAL A. Disclosure Of Premium In accordance with the federal Terrorism Risk Insurance Act as amended TRIA we are required to provide you with a notice disclosing the portion of your premium if any attributable to coverage for certified acts of terrorism under TRIA. The portion of your premium attributable to such coverage is shown above in this endorsement. B. The following definition is added with respect to the provisions of this endorsement A certified act of terrorism means an act that is certified by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism TRIA. The criteria contained in TRIA for a certified act of terrorism include the following 1. The act results in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to TRIA and 2. The act results in damage within the United States or outside the United States in the case of certain air carriers or vessels or the premises of an United States mission and 3. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. C. Disclosure Of Federal Share Of Terrorism Losses The United States Department of the Treasury will reimburse insurers for 85 of that portion of such insured losses that exceeds the applicable insurer deductible. However if aggregate insured losses attributable to certified acts of terrorism under TRIA exceed 100 billion in a Program Year January 1 through December 31 the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. The United States Government has not charged any premium for their participation in covering terrorism losses. D. Cap On Insurer Liability for Terrorism Losses If aggregate insured losses attributable to certified acts of terrorism under TRIA exceed 100 billion in a Program Year January 1 through December 31 and we have met or will meet our insurer deductible under TRIA we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion. In such case your coverage for terrorism losses may be reduced on a pro rata basis in accordance with procedures established by the Treasury based on its estimates of aggregate industry losses and our estimate that we will exceed our insurer deductible. In accordance with Treasury procedures amounts paid for losses may be subject to further adjustments based on differences between actual losses and estimates. E. All other terms and conditions remain the same. Form IH 09 85 03 12 2012 The Hartford Page 1of 1 Includes copyrighted material of the Insurance Service Office Inc. with its permission | 2 |
POLICY NUMBER 37 RHU KW7738 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FORM XL 21 24 PROFESSIONAL LIABILITY EXCLUSION ANY ACT ERROR OR OMISSION RELATED TO OR YOUR FAILURE TO PERFORM THE DURIES OF BUSINESS CONSULTING SERVICES BUSINESS PROCESS OUTSOURCING PROVIDING CAPITAL AND OPERATING SOLUTIONS AND OTHER MANAGEMENT CONSULTING SERVICES FormIH 12001185 SEQ.NO. 01 Printed in U.S.A. | 2 |
THE iy HARTFORD U.S. DEPARTMENT OF THE TREASURY OFFICE OF FOREIGN ASSETS CONTROL OFAC ADVISORY NOTICE TO POLICYHOLDERS No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Notice provides information concerning possible impact on your insurance coverage due to directives issued by the United States. Please read this Notice carefully. The Office of Foreign Assets Control OFAC of the U.S. Department of the Treasury administers and enforces economic and trade sanctions based on U.S. foreign policy and national security goals against targeted foreign countries and regimes terrorists international narcotics traffickers those engaged in activities related to the proliferation of weapons of mass destruction and other threats to the national security foreign policy or economy of the United States. OFAC acts under Presidential national emergency powers as well as authority granted by specific legislation to impose controls on transactions and freeze assets under U.S. jurisdiction. OFAC publishes a list of individuals and companies owned or controlled by or acting for or on behalf of targeted countries. It also lists individuals groups and entities such as terrorists and narcotics traffickers designated under programs that are not country specific. Collectively such individuals and companies are called Specially Designated Nationals and Blocked Persons or SDNs. Their assets are blocked and U.S. persons are generally prohibited from dealing with them. This list can be located on OFAC s web site at httpwww.treas.gov ofac. In accordance with OFAC regulations if it is determined that you or any other insured or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is an SDN as identified by OFAC the policy is a blocked contract and all dealings with it must involve OFAC. When an insurance policy is considered to be such a blocked or frozen contract no payments nor premium refunds may be made without authorization from OFAC. Form IH 99 40 04 09 Page 1 of 1 | 2 |
THE iy HARTFORD Named Insured TRG HOLDINGS LLC Policy Number 37 RHU KW7738 Effective Date 010114 Company Name 10CKTON COMPANIES LLC Expiration Date 10115 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TRADE OR ECONOMIC SANCTIONS ENDORSEMENT This insurance does not apply to the extent that trade or economic sanctions or other laws or regulations prohibit us from providing insurance including but not limited to the payment of claims. All other terms and conditions remain unchanged. Form IH 99 41 04 09 Page 1 of 1 | 2 |
d THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF CONDITIONS PENNSYLVANIA This endorsement modifies insurance provided under the UMBRELLA LIABILITY POLICY The CANCELLATION Condition is replaced by the following CANCELLATION a. The Named Insured first shown in the Declarations may cancel this policy by 1 Mailing or delivering to us advance written notice of cancellation or 2 Surrendering the policy to us or to any of our authorized agents. We may cancel this policy by mailing or delivering to the Named Insured first shown in the Declarations written notice of cancellation at least 1 30 days before the effective date of cancellation if we cancel for any other reason and the policy has been in effect for less than 60 days and is not a renewal with us or 2 15 days before the effective date of cancellation if we cancel and the policy has been in effect for more than 60 days but only for one or more of the following reasons a You have made a material misrepresentation which affects the insurability of the risk or b You have failed to pay a premium when due whether the premium is payable directly to the company or its agents or indirectly under a premium finance plan or extension of credit. 3 60 days before the effective date of cancellation if we cancel and the policy has been in effect for more than 60 days but only for one or more of the following reasons a A condition factor or loss experience material to insurability has changed substantially or a substantial condition factor or loss experience material to insurability has become known during the policy period b Loss of reinsurance or a substantial decrease in reinsurance has occurred which loss or decrease shall at the time of cancellation be certified to the Insurance Commissioner as directly affecting in force policies c Material failure to comply with policy terms conditions or contractual duties or d Other reasons that the Insurance Commissioner may approve. This policy may also be cancelled from inception upon discovery that the policy was obtained through fraudulent statements omissions or concealment of facts material to the acceptance of the risk or to the hazard assumed by us. We will mail or deliver our notice to the last mailing address known to us of the Named Insured first shown in the Declarations. If notice is mailed proof of mailing will be sufficient proof of notice. Notice of cancellation by us will state the effective date of cancellation and the specific reasons for cancellation. The policy period will end on that date. If this policy is cancelled we will send the Named Insured first shown in the Declarations any premium refund due. If we cancel the refund will be pro rata and the refund will be made not later than 10 business days after effective date of the termination. If cancellation is by you the refund will be made not later than 30 days after termination. If the Named Insured cancels we shall compute the return premium at 90 of the pro rata unearned premium. We shall in any event be entitled to retain any minimum retained premium stated in the Declarations. Form XL 02 27 03 99 Page 1 of 2 1999 The Hartford | 2 |
The NON RENEWAL Condition Premium adjustment may be made either at the time cancellation is effected or as soon as practicable after cancellation becomes effective but payment or tender of unearned premium is not a condition of cancellation. is replaced by the following NON RENEWAL a. If we decide not to renew this policy we will mail or deliver written notice of non renewal stating the reason for non renewal to the Named Insured first shown in the Declarations at least 60 days before the end of the policy period. If notice is mailed we will mail it to the last mailing address known to us of the Named Insured first shown in the Declarations. Proof of mailing will be sufficient proof of notice. If we offer to renew but such Named Insured does not accept our offer during the current policy period this policy will not be renewed at the end of such policy period. The following Condition is added to the policy PREMIUM INCREASE a. If we elect to increase the premium on renewal of this policy we will mail or deliver written notice of such increase at least 30 days before the expiration of this policy to the Named Insured first shown in the Declarations. 4. In If notice is mailed we will mail it to the last mailing address known to us of the Named Insured first shown in the Declarations. Proof of mailing will be sufficient proof of notice. Definitions Section VII the definition of Damages is replaced by the following Damages awarded against the Insured on that part of the judgment we pay. Damages do not include 1. Fines 2. Penalties or 3. Damages for which insurance s prohibited by the law applicable to the construction of this policy. Subject to the foregoing damages include damages for any of the following which result at any time from bodily injury to which this policy applies 1. Death 2. Mental anguish 3. Shock 4. Disability or 5. Care and loss of services or consortium. Page 2 of 2 Form XL 02 27 03 99 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYEE BENEFITS LIABILITY ENDORSEMENT CLAIMS MADE This endorsement modifies insurance provided under the UMBRELLA LIABILITY POLICY SCHEDULE I Coverage Employee Benefits Liability Limits of Insurance 10000000 each claim limit 10000000 aggregate limit SCHEDULE Il Controlling Underlying Insurance Policy Insurer HARTFORD UNDERWRITERS INSURANCE COMPANY Policy Number 37 UUN KW7937 Policy Period 010114 TO 010115 Retroactive Date 010112 Limits of Insurance Coverage 1000000 each claim limit Employee Benefits Liability 1000000 aggregate limit This policy is extended to apply to Employee Benefits Liability subject to the following additional provisions 1. Except as otherwise provided by this endorsement the insurance afforded herein shall follow all the terms definitions and exclusions of the controlling underlying insurance policy designated in Schedule. 2. SECTION COVERAGE EB A. We will pay those sums that the insured must legally pay as damages 1. Because of employee benefits injury to which this endorsement applies and 2. That are in excess of the limits of insurance in the controlling underlying insurance policy. B. This insurance does not apply to employee benefits injury which occurred before the Retroactive Date if any shown in Schedule Il or which occurs after the policy period. 3. SECTION Iil LIMITS OF INSURANCE A. The Limits of Insurance shown in Schedule and the rules below fix the most we will pay regardless of the number of 1. Insureds 2. Claims made or suits brought or 3. Persons or organizations making claims or bringing suits. The Aggregate Limit is the most we will pay for all damages to which this endorsement applies. Subject to B. above the Each Claim Limit is the most we will pay for all damages with respect to any one claim. Form XL 04 1510 88 Printed in U.S.A. NS 1988 The Hartford Page 1 of 3 | 2 |
D. Our obligations under this endorsement end when the applicable Limit of Insurance is used up. If we pay for any damages in excess of that Limit of Insurance you agree to reimburse us for such amounts. The Limits of Insurance shown in Schedule apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in Schedule Il unless the endorsement is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for the purpose of determining the Limits of Insurance. 4. EXTENDED REPORTING PERIODS A. We will provide one or more Extended Re porting Periods as described below if 1. This endorsement is cancelled or not renewed or 2. We renew or replace this endorsement with insurance that i. Has a Retroactive Date later than the date shown in the Declaration of this endorsement or ii. Does not apply to employee benefits injury on a claims made basis. A Basic Extended Reporting Period is auto matically provided without additional charge. This period starts with the end of the policy period and lasts for 1. One year for claims arising out of an employee benefits injury reported to us not later than 60 days after the end of the policy period 2. Sixty days for all other claims. The Basic Extended Reporting Period does not apply to claims that are covered under any subsequent insurance you purchase or that would be covered but for exhaustion of the amount of insurance applicable to such claims. A Supplemental Extended Reporting Period of three years duration is available but only by an endorsement and for an extra charge. This supplemental period starts 1. One year after the end of the policy period for claims arising out of an occurrence reported to us not later than 60 days after the end of the policy period or 2. Sixty days after the end of the policy period for all other claims. You must give us a written request for the endorsement within 60 days after the end of the policy period. The Supplemental Extended Reporting Period will not go into effect unless you pay the additional premium promptly when due. We will determine the additional premium in accordance with our rules and rates. In doing s0 we may take into account the following 1. The exposures insured 2. Previous types and amounts of insurance 3. Limits of Insurance available under this endorsement for future payment of damages and 4. Other related factors. The additional premium will not exceed 200 of the annual premium for this endorsement. This endorsement shall set forth the terms not inconsistent with this Section applicable to the Supplemental Extended Reporting Period including a provision to the effect that the insurance afforded for claims first received during such period is excess over any other valid and collectible insurance available under policies in force after the Supplemental Extended Reporting Period starts. Extended Reporting Periods do not extend the policy period or change the scope of coverage provided. They apply only to claims for employee benefits injury that occur before the end of the policy period but not before the Retroactive Date if any shown in the Declarations. Claims for such injury which are first received and recorded during the Basic Extended Reporting Period or during the Supplemental Extended Reporting Period if it is in effect will be deemed to have been made on the last day of the policy period. Once in effect Extended Reporting Periods may not be cancelled. Extended Reporting Periods do not reinstate or increase the Limits of Insurance applicable to any claim to which this endorsement applies except to the extent described in paragraph F. of this Section. If the Supplemental Extended Reporting Period is in effect we will provide the separate aggregate limit of insurance described below but only for Page 2 of 3 Form XL 04 15 10 88 Printed in U.S.A. NS 1988 The Hartford | 2 |
claims first received and recorded during the Paragraph B. of SECTION Ill LIMITS OF Supplemental Extended Reporting Period. INSURANCE will be amended accordingly. The separate aggregate limit of insurance will 5. ADDITIONAL DEFINITIONS be equal to the dollar amount shown in.. o. Schedule in effect at the end of the policy Controlling Pdeyg Insurance phcy means period of this endorsement. Fhe policy of undefylng insurance devslgnated in Schedule Il providing coverage and limits for Employee Benefits Liability. Form XL 04 1510 88 Printed in U.S.A. NS 1988 The Hartford Page 3 of 3 | 2 |
Policy Number THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION DESIGNATED PROFESSIONAL SERVICES This endorsement modifies insurance provided under the UMBRELLA LIABILITY POLICY SCHEDULE Description of Professional Services SEE IH1201 This policy does not apply to bodily injury property damage or personal and advertising injury arising out of the rendering of or failure to render any professional services described in the Schedule of this endorsement. Form XL 21 24 11 00 2000 The Hartford | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ABSOLUTE LEAD EXCLUSION This endorsement modifies insurance provided under the UMBRELLA LIABILITY POLICY This policy does not apply to any damages judgments settlements loss costs or expenses that a. May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind to persons or property which arises out of or would not have occurred in whole or in part but for the lead hazard or Arise out of any request demand or order to 1. Identify abate test for sample monitor clean up remove cover contain treat detoxify decontaminate neutralize or mitigate or in any way respond to or assess the effects of the lead hazard or As aresult of such effects repair replace or improve any property. c. Arise out of any claim or any suit for damages because of 1. Identification of abatement of testing for sampling monitoring cleaning up removing covering containing treating detoxifying decontaminating neutralizing or mitigating or in any way responding to or assessing the effects of the lead hazard or 2. As a result of such effects repairing replacing or improving any property. As used in this exclusion lead hazard means an exposure or threat of exposure to the actual or alleged properties of lead and includes the mere presence or suspected presence of lead in any form or combination. Form XL 21 82 03 93 Printed in U.S.A. 1993 The Hartford | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITATION OF COVERAGE TERRITORIAL This endorsement modifies insurance provided under the following UMBRELLA LIABILITY POLICY 1. Paragraph 2.a. of SECTION COVERAGES is replaced by the following A. Umbrella Liability Insurance 2. This insurance applies to bodily injury property damage or personal and advertising injury only if a. The bodily injury property damage or personal and advertising injury caused by an occurrence which takes place in the coverage territory occurs during the policy period and 2. The following definition is added to your policy Coverage territory means The United States of America including its territories and possessions Puerto Rico and Canada International waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above or c. All parts of the world if the injury or damage arises out of 1 Goods or products made or sold by you in the territory described in a. above 2 The activities of a person whose home is in the territory described in a. above but is away for a short time on your business or Personal and advertising injury offenses that take place through the Internet or similar electronic means of communication provided the insured s responsibility to pay damages is determined in the United States of America including its territories and possessions Puerto Rick or Canada in a suit on the merits according to the substantive law in such territory or in a settlement we agree to. 3 Form XL 22 80 02 09 Page 1of 1 2008 The Hartford | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION SILICA This endorsement modifies insurance provided under the following UMBRELLA LIABILITY INSURANCE POLICY A. The following exclusion is added This policy does not apply to SILICA Any injury damage loss cost or expense including but not limited to bodily injury property damage or personal and advertising injury arising out of or relating to in whole or in part the silica hazard. B. The following is added to the Definitions Section Silica hazard means an exposure to inhalation of or contact with or threat of exposure to inhalation of or contact with the actual or alleged properties of silica or any silica containing materials and includes the mere presence of silica or any silica containing materials in any form. Silica includes all forms of the compound silicon dioxide including but not limited to quartz. Form XL 23 17 02 04 Page 1 of 1 2004 The Hartford Includes copyrighted material of Insurance Services Office with its permission. | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RECORDING AND DISTRIBUTION OF MATERIAL OR INFORMATION IN VIOLATION OF LAW EXCLUSION This endorsement modifies insurance provided under the following UMBRELLA LIABILITY POLICY The following exclusion is added to Paragraph B. Exclusions of Section Coverages For Virginia policyholders with Umbrella Liability Policy Provisions form XL 00 15 this exclusion replaces the Distribution of Material In Violation Of Statutes exclusion under Paragraph B. of Section Coverages This policy does not apply to Recording And Distribution Of Material Or Information In Violation Of Law Any injury damage loss cost or expense including but not limited to bodily injury property damage or personal and advertising injury arising directly or indirectly out of any action or omission that violates or is alleged to violate a. The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law b. The CAN SPAM Act of 2003 including any amendment of or addition to such law c. The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transaction Act FACTA or d. Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. Form XL 2325 1210 Page 1 of 1 2010 The Hartford Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
gj THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the UMBRELLA LIABILITY POLICY A. A certified act of terrorism means an act that is certified by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism under the federal Terrorism Risk Insurance Act as amended TRIA. The criteria contained in TRIA for a certified act of terrorism includes the following 1. The act results in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject TRIA and 2. The act results in damage within the United States or outside the United States in the case of certain air carriers or vessels or the premises of an United States mission and 3. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. If aggregate insured losses attributable to terrorist acts certified under TRIA exceed 100 billion in a Program Year January 1 through December 31 and we have met or will meet our insurer deductible under TRIA we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion. In such case your coverage for terrorism losses may be reduced on a pro rata basis in accordance with procedures established by the Treasury based on its estimates of aggregate industry losses and our estimate that we will exceed our insurer deductible. In accordance with the Treasury s procedures amounts paid for losses may be subject to further adjustments based on differences between actual losses and estimates. The United States Department of the Treasury will reimburse insurers for 85 of that portion of insured losses attributable to certified acts of terrorism that exceeds the applicable insurer deductible. However if aggregate insured losses under TRIA exceed 100 billion in a Program Year January 1 through December 31 the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. The United States government has not charged any premium for their participation in covering terrorism losses. The terms and limitations of any terrorism exclusion the inapplicability or omission of a terrorism exclusion or the inclusion of coverage for terrorism do not serve to create coverage for any loss which would otherwise be excluded under this Coverage Part or Policy such as losses excluded by the War Exclusion. Form XL 23 30 03 12 Page 1of 1 2012 The Hartford Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
4 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION EXTERIOR INSULATION AND FINISH SYSTEM This endorsement modifies insurance provided under the following UMBRELLA LIABILITY POLICY A. This policy does not apply to any type of injury damages judgments settlements loss costs or expenses arising out of 1. The application construction design distribution fabrication installation maintenance manufacturing service inspection repair or replacement of any Exterior Insulation and Finish System or Any flashing caulking or sealants used with or affecting the Exterior Insulation and Finish System. B. For the purposes of this endorsement Exterior Insulation and Finish System commonly referred to as EIFS synthetic stucco or by any other name means a multi lamina exterior building siding system 2. 3. composed of but not limited to the following materials or components A rigid or semi rigid insulation board made of expanded polystyrene or other materials applied by adhesive or mechanical fasteners directly to a building s exterior sheathing materials or to a weather resistive barrier A reinforced base coat and A finish coat providing surface texture and color. Such system may or may not have a component designed to channel water intrusion to the outside of the siding system. Form XL 2340 12 03 Page 1 of 1 2003 The Hartford | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FOLLOWING FORM ENDORSEMENT AUTOMOBILE LIABILITY This endorsement modifies insurance provided under the following UMBRELLA LIABILITY POLICY The following exclusion is added to Paragraph B. Exclusions of Section Coverages This policy does not apply to Automobile Liability Bodily injury or property damage arising out of the Ownership Operation Maintenance Use Entrustment to others or Loading or unloading 01 any auto. oo s wp o EXCEPTION This exclusion does not apply if underlying insurance is maintained providing coverage for such auto with minimum underlying limits as described for Commercial Automobile Liability in the Schedule of Underlying Insurance Policies but in no event shall any coverage restored by this exception apply to any claim or suit to which underlying insurance does not apply. Coverage provided by this exception will follow the provisions exclusions and limitations of the underlying insurance. Condition K. Maintenance of Underlying Insurance applies to this exception. Form XL 2401 1210 Page 1 of 1 2010 The Hartford Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
d THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FOLLOWING FORM ENDORSEMENT FUNGI BACTERIA AND VIRUSES This endorsement modifies insurance provided under the UMBRELLA LIABILITY POLICY This policy does not apply to Injury or damage arising out of or related to the presence of suspected presence of or exposure to 1. b. c. Fungi including but not limited to mold mildew and yeast Bacteria Viruses or Dust spores odors particulates or byproducts including but not limited to mycotoxins and endotoxins resulting from any of the organisms listed in a. b. or c. above from any source whatsoever. Any loss cost or expense arising out of the testing for monitoring of cleaning up of removal of containment of treatment of detoxification of neutralization of remediation of disposal of or any other response to or assessment of the effects of any of the items in 1a. b c. or d. above from any source whatsoever. EXCEPTION This exclusion does not apply if underlying insurance is maintained providing coverage for such liability with minimum underlying limits as described in the Schedule of Underlying Insurance Policies but in no event shall any coverage restored by this exception apply to any claim or suit to which underlying insurance does not apply. Coverage provided by this exception will follow the provisions exclusions and limitations of the underlying insurance. Condition K. Maintenance Of Underlying Insurance applies to this exception. Form XL 24 58 1210 Page 1 of 1 2010 The Hartford Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FOLLOWING FORM ENDORSEMENT PERSONAL AND ADVERTISING INJURY This endorsement modifies insurance provided under the following UMBRELLA LIABILITY POLICY Exclusion B.4. Section Coverages is replaced by the following 4. Personal And Advertising Injury This policy does not apply to personal and advertising injury. EXCEPTION This exclusion does not apply to the extent that coverage for such personal and advertising injury is provided by underlying insurance but in no event shall any personal and advertising injury coverage provided under this policy apply to any claim or suit to which underlying insurance does not apply. Any coverage restored by this EXCEPTION applies only to the extent that such coverage provided by the underlying insurance is maintained having limits as set forth in the Schedule of Underlying Insurance Policies. Form XL 24 60 12 09 Page 1of 1 2009 The Hartford | 2 |
THE x HARTFORD PRODUCER COMPENSATION NOTICE You can review and obtain information on The Hartford s producer compensation practices at www.TheHartford.com or at 1 800 592 5717. Form G3418 0 | 2 |
Commercial Umbrella Liability Policy XS605142 495 Printed in U.S.A. | 2 |
ace group Declarations ACE Umbrella Plus Commercial Umbrella Liability Policy Policy Symbol XOO Previous Policy Symbol New Policy Number M00587849 001 Previous Policy Number New COVERAGE IS PROVIDED IN THE COMPANY SHOWN BELOW ACE Property and Casualty Insurance Company 436 Walnut Street Philadelphia PA 19106 Named Insured and Address Producer Name and Address BioStar Renewables LLC Lockton Companies LLC 10601 Mission Road Suite 200 444 West 47 Street Suite 900 Leawood KS 66206 2400 Kansas City MO 64112 1906 Producer Code 115579 Policy Period From 06 18 2014 to 04 28 2015 1201 A.M Standard Time at the Address of the Named Insured as stated herein Limits of Insurance 5000000 Each Occurrence 5000000 General Aggregate 5000000 Products Completed Operations Aggregate 10000 Self Insured Retention Annual Premium 8862.00 Premium Terrorism Premium included in Annual Premium 8862.00 Premium including all Surcharges and Assessments Policy Period Premium 8862.00 8862.00 Premium Terrorism Premium included in Policy Period Premium Premium including all Surcharges and Assessments Schedule of Underlying Insurance Refer to the attached Schedule of Underlying Insurance XS9U57b which forms a part of this Policy s Declarations. Endorsements and Forms Refer to the attached Schedule of Endorsements for the forms and endorsements forming this policy at inception. ACE Propert ce Company nan nan nan nan 0.0 900 5000000 Each Occurrence 5000000 General Aggregate o VI HioViative N AN 2009 E XS 22695a 0809 Page 1 of 1 | 2 |
Schedule of Forms and Endorsements o ace group NAMED INSURED POLICY NUMBER POLICY PERIOD BioStar Renewables LLC MO00587849 001 06 18 2014 to 04 28 2015 Endorsement Number Form Number Edition Date Title XS22695a 0809 Declarations ACE Umbrella Plus XS9u57b 0809 Schedule of Underlying Insurance XS20835 0806 ACE Umbrella Plus Commercial Umbrella Liability Policy 001 XS20784 0806 Abuse or Molestation Exclusion 002 XS20845 0806 Automobile Liability Exclusion Follow Form Endorsement 003 XS22088 0407 Catastrophe Management Coverage Endorsement 004 XS20800a 0112 Directors and Officers Wrongful Acts Exclusion 005 XS23670 0108 Exclusion of Certified Acts of Terrorism 006 XS8 20770 0806 Follow Form Absolute Pollution Exclusion 007 XS23638 0108 Fungi Exclusion 008 XS20854 0806 Lead Exclusion 009 TRIA15c 0108 Policyholder Disclosure Notice of Terrorism Insurance Coverage 010 XS20818 0806 Products Completed Operations Hazard Follow Form 011 XS26431 0209 Silica or Silica Related Dust Exclusion 012 XS34018 0112 Unsolicited Communications Exclusion Amendment to Include FACTA 013 XS1V20a 0704 Kansas Changes Cancellation Nonrenewal and State Required Conditions 014 CC1K11h 0314 Signatures ALL20887 1006 ACE Producer Compensation Practices and Policies ILP 001 0104 OFAC Advisory Notice XS28500 1009 ACE Group Specialty Claims Loss Notification Form X8 22552 0607 Catastrophe Management Notice Schedule of Forms and Endorsements e N4 E 2009 E XS27991 0809 Page 1 of 1 | 2 |
Schedule of Underlying Insurance ace group NAMED INSURED POLICY NUMBER POLICY PERIOD BioStar Renewables LLC X0O0 M00587849 001 06 18 2014 to 04 28 2015 General Liability Company ACE Westchester Carrier Writing Company Policy Period 04 28 2014 Westchester Fire Insurance Company 04 28 2015 Limits of Insurance Each Occurrence 1000000 General Aggregateother than 2000000 Products Completed Ops Products Completed Operations Aggregate 2000000 Personal Injury Advertising Injury 1000000 Automobile Liability Company ACE Westchester Carrier Writing Company Policy Period 04 28 2014 ACE American Insurance Company 04 28 2015 Limits of Insurance Combined Single Limit 1000000 Employers Liability Company ACE Westchester Carrier Writing Company Policy Period 04 28 2014 Eankers Standard Insurance 04 28 2015 ompany Limits of Insurance Bodily Injury by Accident Per Accident 1000000 Limit XS9U57b 0809 2000 2 Page 1 of 2 Schedule of Underlying Insurance vitipat PARALA LRSSy Selreuv i e IOUile Lidynnivy ompany ACE Westchester Carrier Writing Company Policy Period 04 28 2014 ACE American Insurance 04985015 Y M VT Eetuiibet t Selreuv i | 2 |
Bodily Injury by Disease Policy Limit 1000000 Bodily Injury by Disease Each Employee 1000000 Limit In any jurisdiction state or province where the amount of Employers Liability Insurance provided by the Underlying Insurers is by law Unlimited the underlying Employers Liability limits shown in the above schedule do not apply and no coverage shall be provided for Employers Liability under this policy. 2009 E XS9U57b 0809 Page 2 of 2 | 2 |
ACE Umbrella Pluss Commercial Umbrella Liability Policy Various provisions in this policy restrict coverage. Please read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section VI Definitions. We the Company named in the Declarations relying upon the statements shown on the Declarations page and in the schedule of underlying insurance attached to this policy and in return for the payment of premium and subject to its terms conditions and limits of insurance of this policy agree with you as follows I. INSURING AGREEMENT A. We will pay on behalf of the insured those sums in excess of the retained limit that the insured becomes legally obligated to pay as damages because of bodily injury property damage or personal and advertising injury to which this insurance applies. 1. This insurance applies to bodily injury and property damage that takes place in the coverage territory but only if a. The bodily injury or property damage is caused by an occurrence b. The bodily injury or property damage occurs during the policy period and c. Prior to the policy period no insured and no employee authorized by you to give or receive notice of n occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If any insured listed under Paragraph A. of Section Il Who Is An Insured or any authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. 2. This insurance applies to personal and advertising injury that arises out of your business but only if the offense causing the personal and advertising injury takes place in the coverage territory and during the policy period. B. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph A. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. C. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph A. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1. Reports all or any part of the bodily injury or property damage to us or any other insurer 2. Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3. Becomes aware by any other means that bodily injury or property damage has occurred or has begun to oceur. XS20835 0806 Page 1 of 19 | 0 |
D. Damages because of bodily injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. The amount we will pay for damages is limited as described in Section IV Limits of Insurance. Il. WHO IS AN INSURED A. The following are insured s 1. The Named Insured named in Item 1 of the Declarations of this policy is an insured. 2. Any subsidiary of the Named Insured named in Item 1 of the Declarations of this policy and any other organization under your control and active management at the inception date of this policy is an insured providing such subsidiary or organization is included as an insured in the underlying insurance and was made known to us prior to or at the inception date of this policy 3. If you are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. c. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. d. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. e. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. B. Each of the following is also an insured 1. Your volunteer workers only while performing duties related to the conduct of your business or your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for a. Bodily injury or personal and advertising injury 1 To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a coemployee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business 2 To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph a.1 above 3 For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs a.1 or 2 above or 4 Arising out of his or her providing or failing to provide professional health care services. b. Property damage to property 1 Owned occupied or used by you 2 Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. XS20835 0806 Page 2 of 19 | 1 |
2. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. 3. Any person or organization having proper temporary custody of your property if you die but only a. With respect to liability arising out of the maintenance or use of that property and b. Until your legal representative has been appointed. 4. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this policy. 5. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as an insured if it also qualifies as an insured in underlying insurance and there is no other similar insurance available to that organization. However a. Coverage under this provision is afforded only until the 90 day after you acquire or form the organization or the end of the policy period whichever is earlier b. This insurance does not apply to bodily injury or property damage that occurred before you acquired or formed the organization c. This insurance does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization and d. We reserve the right to charge an additional premium if such organization qualifies as an insured. 6. Any person or organization if insured under underlying insurance provided that coverage provided by this policy for any such insured will be no broader than coverage provided by underlying insurance. Notwithstanding anything above no person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations.. DEFENSE AND SUPPLEMENTARY PAYMENTS A. We will have the right and duty to defend the insured against any suit seeking damages for bodily injury property damage or personal and advertising injury even if groundless false or fraudulent to which this insurance applies 1. When damages sought would be covered by underlying insurance but are not covered by that insurance because of the exhaustion of the applicable limits of underlying insurance by the payment of loss covered by this policy or 2. When damages sought would be covered under any other insurance but are not covered by that insurance because of the exhaustion of the applicable limits of other insurance by the payment of loss covered under such other insurance or 3. When damages sought for bodily injury property damage or personal and advertising injury are not covered by underlying insurance or any other insurance or any applicable self insured retention has been exhausted by the payment of loss covered by this policy. B. We will have no duty to defend the insured against any suit seeking damages for bodily injury damage or personal and advertising injury to which this insurance does not apply. C. We will have the right but not the duty to associate in the investigation of any claim and the defense of any suit which may in our opinion result in damages to which this insurance applies. D. If we assume the defense of any suit against the insured we will pay in addition to the applicable Limit of Insurance 1. All expenses we incur. 2. Up to 250 for cost of bail bonds because of an occurrence that may result in bodily injury or property damage covered by this policy. We do not have to furnish these bonds. property XS20835 0806 Page 3 of 19 | 1 |
E. 3. The cost of bonds to release attachments but only for bond amounts within the applicable Limit of Insurance. We do not have to furnish these bonds. 4. The cost of appeal bonds required by law to appeal any suit we defend but only for bond amounts within the applicable Limit of Insurance. We do not have to apply for or furnish such bond. 5. All reasonable expenses incurred by the insured at our request to assist us in the investigation of any claim or the defense of any suit covered under this policy including actual loss of earnings because of time off from work. 6. All costs taxed against the insured in the suit. 7. Pre judgment interest awarded against the insured on that part of the judgment within the applicable Limit of Insurance that we pay. If we make an offer to pay the applicable Limit of Insurance we will not pay any prejudgment interest accruing after the offer. 8. Post judgment interest on that part of any judgment that we become obligated to pay which accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that we have become obligated to pay which is within the applicable Limit of Insurance. Our right and duty to defend ends when the applicable Limit of Insurance of this policy has been exhausted by the payment of loss. LIMITS OF INSURANCE A The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of 1. Insureds 2. Claims made or suits brought or 3. Persons or organizations making claims or bringing suits. The General Aggregate Limit shown in the Declarations is the most we will pay for all damages except 1. Damages because of bodily injury or property damage included in the products completed operations hazard and 2. Damages because of bodily injury or property damage arising out of the ownership maintenance or use of a covered auto. The Products Completed Operations Aggregate Limit shown in the Declarations is the most we will pay for damages because of bodily injury and property damage included in the products completed operations hazard. Subject to Paragraphs B and C above the Each Occurrence Limit shown in the Declarations is the most we will pay for the sum of all damages because of bodily injury property damage and personal and advertising injury arising out of any one occurrence. If the applicable limits of underlying insurance have been 1. Reduced by the payment of loss covered by this policy then this policy will be excess of the reduced limit of underlying insurance. 2. Exhausted by the payment of loss covered by this policy then this policy will continue in force as underlying insurance. The Limits of Insurance of this policy apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. XS20835 0806 Page 4 of 19 | 1 |
V. EXCLUSIONS This insurance does not apply to A Aircraft or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1. A watercraft while ashore on premises you own or rent or 2. A watercraft you do not own that is a. Less than 26 feet long and b. Not being used to carry persons or property for a charge. This exclusion does not apply to the extent that such coverage is provided by underlying insurance or would have been provided but for the exhaustion of the applicable limits of underlying insurance by the payment of loss covered by this policy provided however that coverage provided by this policy will be no broader than coverage provided by underlying insurance. Asbestos Any loss demand claim or suit arising out of or related in any way to asbestos or asbestos containing materials. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1. That the insured would have in the absence of the contract or agreement or 2. Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a. Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and b. Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. Damage to Impaired Property or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1. Adefect deficiency inadequacy or dangerous condition in your product or your work or 2. Adelay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. XS20835 0806 Page 5 of 19 | 1 |
E. Damage to Property Property damage to 1. Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property Premises you sell give away or abandon if the property damage arises out of any part of those premises Property loaned to you Personal property in the care custody or control of the insured That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or o pwNn 6. That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of seven 7 or fewer consecutive days. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard. F. Damage to Your Product Property damage to your product arising out of it or any part of it. G. Damage to Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. H. Electronic Chat Rooms or Bulletin Boards Personal and advertising injury arising out of an electronic chat room or bulletin board the insured hosts owns or over which the insured exercises control. I. Employer s Liability Bodily injury to 1. An employee of the insured arising out of and in the course of a. Employment by the insured or b. Performing duties related to the conduct of the insured s business or 2. The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies 1. Whether the insured may be liable as an employer or in any other capacity and XS20835 0806 Page 6 of 19 | 1 |
2. To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply 1. To liability assumed by the insured under an insured contract. 2. To the extent that such coverage is provided by underlying insurance or would have been provided but for the exhaustion of the applicable limits of underlying insurance by the payment of loss covered by this policy provided however that coverage provided by this policy will be no broader than coverage provided by underlying insurance. Employment Practices Bodily injury property damage or personal and advertising injury arising out of 1. Refusal to employ 2. Termination of employment 3. Coercion demotion evaluation reassignment discipline defamation harassment humiliation failure to promote retaliation violation of civil rights invasion of privacy discrimination or other acts or omissions arising out of employment related practices or other employment related practices policies acts or omissions or 4. Any consequential liability damages loss cost or expense as a result of 1 2 or 3 above. This exclusion applies whether or not the insured may be held liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of such injury or damages. Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. Infringement of Copyright Patent Trademark or Trade Secret Personal and advertising injury arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. However this exclusion does not apply to infringement in your advertisement of copyright trade dress or slogan.. Insureds in Media and Internet Type Businesses Personal and advertising injury committed by an insured whose business is 1. Advertising broadcasting publishing or telecasting 2. Designing or determining content of web sites for others or 3. An Internet search access content or service provider. However this exclusion does not apply to Section VI Definitions R. Personal and advertising injury Paragraphs 1 2 and 3. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1. Causing or contributing to the intoxication of any person 2. The fumnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or XS20835 0806 Page 7 of 19 | 1 |
3. Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. This exclusion does not apply to the extent that such coverage is provided by underlying insurance or would have been provided but for the exhaustion of the applicable limits of underlying insurance by the payment of loss covered by this policy provided however that coverage provided by this policy will be no broader than coverage provided by underlying insurance. O. Miscellaneous Laws Any loss demand claim or suit under 1. The Employee Retirement Income Security Act of 1974 including any amendment thereto or any similar law. 2. Any workers compensation disability benefits or unemployment compensation laws or any similar laws. 3. Any auto no fault law any uninsured or underinsured motorist law any personal injury protection law or similar law. P. Nuclear 1. To any injury or damage a. With respect to which an insured under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its limit of insurance or b. Resulting from the hazardous properties of nuclear material and with respect to which 1 any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or 2 the insured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization. 2. To any injury or damage resulting from the hazardous properties of nuclear material if a. The nuclear material 1 is at any nuclear facility owned by or operated by or on behalf of an insured or 2 has been discharged or dispersed therefrom b. The nuclear material is contained in spent fuel or waste at any time possessed handled used processed stored transported or disposed of by or on behalf of an insured or c. The injury or damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operations or use of any nuclear facility. As used in this exclusion a. Hazardous properties include radioactive toxic or explosive properties b. Nuclear material means source material special nuclear material or by product material c. Source material special nuclear material and by product material have the meanings given them in the Atomic Energy act of 1954 or in any law amendatory thereof d. Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor XS20835 0806 Page 8 of 19 | 1 |
e. Waste means any waste material a containing by product material other than the tailings or waste produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility. f. Nuclear facility means 1 Any nuclear reactor 2 Any equipment or device designed or used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packaging waste 3 Any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235. 4 Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. g. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. h. Injury or damage includes all forms of radioactive contamination of property. Q. Other Personal and Advertising Injury 1. 6. Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. Personal and advertising injury arising out of oral or written publication of material if done by or at the direction of the insured with knowledge of its falsity. Personal and advertising injury arising out of oral or written publication of material whose first publication took place before the beginning of the policy period. Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured. Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages a. That the insured would have in the absence of the contract or agreement or b. Assumed in a contract or agreement that is an insured contract provided the personal and advertising injury offense takes place subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of personal and advertising injury provided i. Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and ii. Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. Personal and advertising injury arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement. XS20835 0806 Page 9 of 19 | 1 |
7. Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement. 8. Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your advertisement. R. Pollution 1. Bodily injury property damage or personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a. Ator from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured b. At or from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste c. Which are or were at any time transported handled stored treated disposed of or processed as waste by or for 1 Any insured or 2 Any person or organization for whom you may be legally responsible d. At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor e. At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants f. That are or that are contained in any property that is auto 2 Otherwise in the course of transit by or on behalf of the insured or 3 Being stored disposed of treated or processed in or upon a covered auto g. Before the pollutants or any property in which the pollutants are contained are moved from the place where they are accepted by the insured for movement into or onto the covered auto or h. After the pollutants or any property in which the pollutants are contained are moved from a covered auto to the place where they are finally delivered disposed of or abandoned by the insured. However the following exceptions to this exclusion apply to the extent that such coverage is provided by underlying insurance or would have been provided but for the exhaustion of the applicable limits of underlying insurance by the payment of loss covered by this policy provided however that coverage provided by this policy will be no broader than coverage provided by underlying insurance 1. Paragraph 1.a. of this exclusion does not apply to bodily injury if sustained within a building and caused by smoke fumes vapor or soot from equipment used to heat that building. 2. Paragraph 1.a. of this exclusion does not apply to bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured. XS20835 0806 Page 10 of 19 | 1 |
Paragraph 1.d. of this exclusion does not apply to bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor. Paragraph 1.d. of this exclusion does not apply to bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor. Paragraph 1.d. of this exclusion does not apply to bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. Paragraph 1.f. of this exclusion does not apply to fuels lubricants fluids exhaust gases or other similar pollutants that are needed for or result from the normal electrical hydraulic or mechanical functioning of a covered auto or its parts if a. The pollutants escape seep migrate or are discharged dispersed or released directly from an auto part designed by its manufacturer to hold store receive or dispose of such pollutants and b. The bodily injury property damage or any covered pollution cost or expense does not arise out of the operation of any equipment listed in Paragraphs 6.b. and 6.c. of the definition of mobile equipment. Paragraphs 1.g. and 1.h. of this exclusion do not apply to occurrences that take place away from premises owned by or rented to an insured with respect to pollutants not in or upon a covered auto if a. The pollutants or any property in which the pollutants are contained are upset overturned or damaged as a result of the maintenance or use of a covered auto and b. The discharge dispersal seepage migration release or escape of the pollutants is caused directly by such upset overturn or damage. 2. Any loss cost or expense arising out of any a. Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. However this Paragraph 2. does not apply to liability for damages because of property damage that the insured would have in the absence of such request demand order or statutory or regulatory requirement or such claim or suit by or on behalf of a governmental authority. Recall of Products Work or Impaired Property Bodily injury property damage or personal and advertising injury or any other loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1. Your product 2. Your work or 3. Impaired property XS20835 0806 Page 11 of 19 | 1 |
if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. Trade or Economic Sanctions To the extent that trade or economic sanctions or other laws or regulations prohibit us from providing insurance including but not limited to the payment of claims. Unauthorized Use of Another s Name or Product Personal and advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or meta tag or any other similar tactics to mislead another s potential customers. Unsolicited Communications Bodily injury property damage or personal and advertising injury arising out any form of communication including but not limited to facsimile electronic mail posted mail or telephone in which the recipient has not specifically requested the communication. This exclusion also applies to communications which are made or allegedly made in violation of the 1. Telephone Consumer Protection Act TCPA including any Amendment of or addition to such law or 2. The CAN SPAM Act of 2003 including any amendment of Or addition to such law or 3. Any statute ordinance or regulation other than the TCPA Or CAN SPAM Act of 2003 which prohibits or limits the sending transmitting communicating or distribution of material or information.. War Bodily injury property damage or personal and advertising injury however caused arising directly or indirectly as a result of or in connection with war whether declared or not or any act or condition incident to war. War includes civil war insurrection civil commotion rebellion or revolution. VL. CONDITIONS A Appeals In the event you or any underlying insurer elects not to appeal a judgment in excess of the amount of the underlying insurance or other insurance we may elect to appeal. If we elect to appeal we will be liable for in addition to the applicable Limits of Insurance of this policy all court costs expenses incurred and interest on that amount of any judgment that does not exceed the applicable Limits of Insurance shown in the Declarations related to such an appeal subject to the limitations set forth in Section Ill Defense And Supplementary Payments. Assignment of Your Rights and Duties Your rights and duties under this policy may not be transferred except by an endorsement to this policy issued by us. If you die or are legally declared bankrupt then your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed anyone having temporary custody of your property will have your rights and duties but only with respect to that property. XS20835 0806 Page 12 of 19 | 1 |
C. Bankruptcy Your bankruptcy insolvency refusal or inability to pay will not relieve us of our obligations under this policy. In the event of bankruptcy insolvency refusal or inability to pay of any underlying insurer the insurance afforded by this policy will not drop down or replace underlying insurance but will apply as if the limits of such underlying insurance are fully available and collectile and we will not assume any obligation under underlying insurance. D. Cancellation 1. You may cancel this policy. You must mail or deliver to us advance written notice stating when cancellation is to take effect. We may cancel this policy. If we cancel because of non payment of premium we must mail or deliver to you not less than ten 10 days advance written notice stating when the cancellation is to take effect. If we cancel for any other reason we must mail or deliver to you not less than sixty 60 days advance written notice stating when the cancellation is to take effect. Mailing that notice to you at your mailing address shown in the Declarations will be sufficient to prove notice. The policy period will end on the day and hour stated in the cancellation notice. If we cancel final premium will be calculated pro rata based upon the time this policy was in force. Final premium will not be less than the pro rata share of the Minimum Premium as shown in the Declarations. If you cancel final premium will be more than pro rata it will be based on the time this policy was in force and increased by our short rate cancellation table and procedure. Final premium will not be less than the short rate share of the Minimum Premium as shown in the Declarations. Premium adjustment may be made at the time of cancellation or as soon as practicable thereafter but the cancellation will be effective even if we have not made or offered any refund due you. Our check or our representative s check mailed or delivered will be sufficient tender of any refund due you. The first Named Insured shown in the Declarations will act on behalf of all other insureds with respect to the giving and receiving of notice of cancellation and the receipt of any refund that may become payable under this policy. E. Changes This policy may be changed only by a written endorsement to this policy issued by us. F. Duties in the Event of Occurrence Claim or Suit 1. You must see to it that we are notified as soon as practicable of an occurrence which may result in a claim for damages under this policy. To the extent possible notice should include a. How when and where the occurrence took place b. The names and addresses of any injured persons and witnesses and c. The nature and location of any injury or damage arising out of the occurrence. If a claim is made or suit is brought against any insured that is reasonably likely to involve this policy you must a. Immediately record the specifics of the claim or suit and the date received and b. Notify us in writing as soon as practicable. You and any other involved insured must a. Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit b. Authorize us to obtain records and other information c. Cooperate with us in the investigation or settlement of the claim or defense against the suit and XS20835 0806 Page 13 of 19 | 1 |
d. Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. 4. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our written consent.. Inspection and Audit 1. We will be permitted but not obligated to inspect the insured s property and operations. Neither our right to make inspections nor the making thereof nor any report thereon will constitute an undertaking on behalf of or for the benefit of the insured or others to determine or warrant that such property or operations are safe. 2. We may examine and audit the insured s books and records during the policy period and any extensions thereof within three 3 years after the termination date of this policy. Legal Action Against Us 1. No person or organization has a right under this policy to join us as a party or otherwise bring us into a suit asking for damages from an insured. 2. You will have no right of action against us under this policy unless all of its terms have been fully complied with and the amount that you seek to recover has been determined by settlement with our consent or by final judgment against an insured. Maintenance of Underlying Insurance During the policy period you agree 1. To keep underlying insurance and renewals or replacements thereof in full force and effect. 2. That the limits of underlying insurance will be maintained except for any reduction or exhaustion of such limits by the payment of loss that would be covered by this policy. 3. That the terms and conditions of underlying insurance will not materially change during the policy period. 4. That any renewal or replacement of underlying insurance will not be more restrictive in coverage. 5. That underlying insurance may not be canceled or non renewed by you without notifying us and you agree to notify us in the event an insurance company cancels or declines to renew any underlying insurance. Failure to maintain the underlying insurance as provided by this condition will not invalidate this policy. This policy will apply as if the underlying insurance were maintained as required by this policy. Other Insurance If valid and collectible other insurance applies to damages that are also covered by this policy this policy will apply excess of the other insurance and will not contribute with such other insurance. This provision will not apply if the other insurance is written to be excess of this policy. Premium The first Named Insured shown in the Declarations will be responsible for payment of all premiums when due. The premium stated in the Declarations is a flat premium. It is not subject to adjustment except as provided herein or as changed by an endorsement to this policy issued by us. Separation of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned to the first Named Insured this insurance applies 1. Asif each Named Insured were the only Named Insured and XS20835 0806 Page 14 of 19 | 1 |
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