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8 M. 2. Separately to each insured against whom claim is made or suit is brought. Titles The titles to the various parts sections subsections and endorsements of this policy are intended solely for ease of reference and do not in any way limit expand or otherwise affect the provisions of such parts sections subsections and endorsements. Transfer of Rights of Recovery Against Others to Us 1. If the insured has rights to recover all or part of any payment we have made under this policy those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. 2. Any amount recovered will be apportioned in the inverse order of payment of loss to the extent of actual payment. The expenses of all such recovery proceedings will be apportioned in the ratio of respective recoveries. 3. If you and the insurer of underlying insurance waive any right of recovery against a specific person or organization for damages as required under an insured contract we will also waive any such rights we may have against such person or organization provided that the bodily injury or property damage occurs subsequent to the execution of the insured contract. When Loss is Payable Coverage under this policy will not apply until the insured or the insured s underlying insurer has paid or is obligated to pay the full amount of the retained limit. When the amount of damages is determined by an agreed settlement or on a final judgment against an insured obtained after an actual trial we will promptly pay on behalf of the insured the amount of damages covered under the terms of this policy. The first Named Insured will promptly reimburse us for any amount within the retained limit paid by us. DEFINITIONS A Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition 1. Notices that are published include material placed on the Internet or on similar electronic means of communication and 2. Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. Auto means a land motor vehicle trailer or semi trailer designed for travel on public roads including any attached machinery or equipment. But auto does not include mobile equipment. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time. Bodily injury includes mental anguish or mental injury resulting from bodily injury. Coverage territory means anywhere in the world except 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. Employee means an individual working for you in return for remuneration. Employee includes a leased worker. Employee does not include a temporary worker or independent contractor. Executive officer means a person holding any of the officer positions created by your charter constitution by laws or any other similar governing document. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. Impaired property means tangible property other than your product or your work that can not be used or is less useful because XS20835 0806 Page 15 of 19 | 1 |
1. ltincorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or 2. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by 1. The repair replacement adjustment or removal of your product or your work or 2. Your fulfilling the terms of the contract or agreement. Insured means a person or organization meeting the qualifications set forth in Section Il Who Is An Insured. Insured contract means that part of any contract or agreement pertaining to your business under which any insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Insured contract does not include that part of any contract or agreement 1. that indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing 2. thatindemnifies an architect engineer or surveyor for injury or damage arising out of a. preparing approving or failing to approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b. giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3. under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those shown in subparagraph 2 above and supervisory inspection architectural or engineering activities. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. Loading or unloading means the handling of property 1. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or 2. While it is in or on an aircraft watercraft or auto or 3. While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto.. Loss means those sums paid in the settlement a claim or suit or satisfaction of a judgment which the insured is legally liable to pay as damages because of bodily injury property damage or personal and advertising injury after making proper deduction for all recoveries and salvages.. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment 1. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads 2. Vehicles maintained for use solely on or next to premises you own or rent 3. Vehicles that travel on crawler treads 4. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted XS20835 0806 Page 16 of 19 | 1 |
a. Power cranes shovels loaders diggers or drills or b. Road construction or resurfacing equipment such as graders scrapers or rollers Vehicles not described in 1 2 3 or 4 above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types a. Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or b. Cherry pickers and similar devices used to raise or lower workers Vehicles not described in 1 2 3 or 4 above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos a. Equipment designed primarily for i. Snow removal ii. Road maintenance but not construction or resurfacing or iii. Street cleaning b. Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and c. Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment.. 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. All such exposure to substantially the same general conditions shall be considered as arising out of the same occurrence regardless of the frequency or repetition thereof or the number of claimants. With respect to personal and advertising injury a covered offense. All damages that arise from the same act publication or general conditions are considered to arise out of the same occurrence regardless of the frequency or repetition thereof the number or kind of media used or the number of claimants. Other insurance means a policy of insurance providing coverage for damages covered in whole or in part by this policy. Other insurance does not include underlying insurance the amount shown in the Declarations as the Self Insured Retention or any policy of insurance specifically purchased to be excess of this policy and providing coverage that this policy also provides.. Policy period means the time between the inception date of this policy shown in the Declaration and the expiration date shown or earlier termination date of this policy.. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses 1. 2. 3. False arrest detention or imprisonment Malicious prosecution The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor 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 XS20835 0806 Page 17 of 19 | 1 |
6. The use of another s advertising idea in your advertisement or 7. Infringing upon another s copyright trade dress or slogan in your advertisement. Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. As used in this definition waste includes materials to be recycled reconditioned or reclaimed. Products completed operations hazard 1. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except a. Products that are still in your physical possession or b. Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times i. When all of the work called for in your contract has been completed. ii. When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. iii. When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. 2. Does not include bodily injury or property damage arising out of a. The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured b. The existence of tools uninstalled equipment or abandoned or unused materials.. Property damage means 1. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use will be deemed to occur at the time of the physical injury that caused it or 2. Loss of use of tangible property that is not physically injured. All such loss of use will 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. As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. Retained limit means either of the following 1. The total applicable limits of underlying insurance and any applicable limit of other insurance providing coverage to the insured or 2. The amount shown in the Declarations as the Self Insured Retention applicable to each occurrence that results in damages not covered by underlying insurance or other insurance.. Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes 1. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or 2. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. XS20835 0806 Page 18 of 19 | 1 |
X. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Y. Underlying insurance means the policy or policies of insurance listed in the Schedule of Underlying Insurance attached to and forming a part of this policy. Z. 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. AA. Your product 1. Means a. Any goods or products other than real property manufactured sold handled distributed or disposed of by 1 You 2 Others trading under your name or 3 A person or organization whose business or assets you have acquired and b. Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. 2. Includes a. Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and b. The providing of or failure to provide warnings or instructions. 3. Does not include vending machines or other property rented to or located for the use of others but not sold. BB. Your work 1. Means a. Work or operations performed by you or on your behalf and b. Materials parts or equipment furnished in connection with such work or operations. 2. Includes a. Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and b. The providing of or failure to provide warnings or instructions. XS20835 0806 Page 19 of 19 | 1 |
ABUSE OR MOLESTATION EXCLUSION Named Insured Endorsement Number BioStar Renewables LLC 001 Policy Symbol Policy Number Policy Period Effective Date of Endorsement X000 M00587849 001 06 18 2014 to 04 28 2015 06 18 2014 Tssued By Name of Insurance Company ACE Property and Casualty Insurance Company Tnsert the poiicy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY This insurance does not apply to any bodily injury property damage or personal and advertising injury 1. Arising out of the actual or threatened abuse or molestation of any person including but not limited to physical abuse corporal punishment sexual abuse sexual molestation or sexual misconduct by any insured any employee of an insured or anyone acting on behalf of an insured or For which any insured may be held liable in causing or in failing to prevent such actual or threatened abuse or molestation. All other terms and conditions of the policy remain unchanged. Authorized Agent XS20784 0806 Page 1 of 1 | 2 |
AUTOMOBILE LIABILITY EXCLUSION FOLLOW FORM ENDORSEMENT Named Insured Endorsement Number BioStar Renewables LLC 002 Policy Symbol Policy Number Policy Period Effective Date of Endorsement X000 M00587849 001 06 18 2014 to 04 28 2015 06 18 2014 Tssued By Name of Insurance Company ACE Property and Casualty Insurance Company Tnsert the poiicy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This Endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY This insurance does not apply to bodily injury or property damage that arises out of the ownership maintenance operation use entrustment to others loading or unloading of any automobile. However if insurance for such bodily injury or property damage is provided by a policy listed in the Schedule of Underlying Insurance 1. This exclusion shall not apply and 2. The insurance coverage provided by our policy will not be broader than the insurance coverage provided by the policy scheduled as underlying insurance. Any conditions provisions definitions or exclusions in the policy scheduled as underlying insurance that limit or restrict the insurance coverage provided there under shall also limit and restrict the coverage provided under this policy. All other terms and conditions of this policy remain unchanged. Authorized Agent Page 1 of 1 XS20845 0806 | 2 |
CATASTROPHE MANAGEMENT COVERAGE ENDORSEMENT Named Insured Endorsement Number BioStar Renewables LLC 003 Policy Symbol Policy Number Policy Period Effective Date of Endorsement X000 M00587849 001 06 18 2014 to 04 28 2015 06 18 2014 Tssued By Name of Insurance Company ACE Property and Casualty Insurance Company Tnsert the poiicy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies all insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY SECTION I. INSURING AGREEMENT is amended to include the following Catastrophe Management Cost Limit of Insurance 250000 Annual Limit Catastrophe Management Coverage A. F. Subject to the terms and conditions of this endorsement we will pay catastrophe management costs to third parties at the request of and on behalf of the insured arising from a catastrophe management event first commencing during the policy period up to the amount of the catastrophe management costs Limit of Insurance shown in the Declarations. A catastrophe management event will be deemed to first commence at the time during the policy period when a key executive first becomes aware of an occurrence that gives rise to the catastrophe management event and will end when we determine that any one of the necessary elements listed in the definition of a catastrophe management event no longer exists or when the catastrophe management cost Limit of Insurance shown in the Declarations has been exhausted whichever occurs first. There will be no retained limit applicable to catastrophe management costs except as it applies to a determination of whether the definition of catastrophe management event applies. Payment of catastrophe management costs will not be applied to or erode the aggregate limits of the policy. Any payment of catastrophe management costs that we make under the coverage provided by this endorsement will not 1 be a determination of any other rights or obligations under this policy 2 create any duty to defend any suit under any other part of this policy or 3 operate as a waiver of any right or defense we have with respect to the coverage under the policy including Condition F. Duties in the event of occurrence claim or suit. For purposes of this endorsement the following definitions are added to the policy Adverse media coverage means national or regional news exposure in television radio print or internet media that is reasonably likely to have a negative impact on the insured with respect to its income reputation community relations public confidence or good will. Catastrophe management event means an occurrence that in the good faith opinion of a key executive of the Named Insured has resulted in or is reasonably likely to result in 1 bodily injury property damage or personal and advertising injury covered by this policy 2 damages that are in excess of the retained limit and 3 a need for catastrophe management services due to adverse media coverage. Catastrophe management XS22088 0407 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 1 of 2 | 2 |
event will include occurrences resulting from explosions and other man made disasters serious accidents resulting in multiple deaths burns dismemberment injuries traumatic brain injuries permanent paralysis injuries or injuries from contamination of food drink or pharmaceuticals. Catastrophe management firm means any firm that is approved by us and hired by you or us to perform catastrophe management services in connection with a catastrophe management event. Catastrophe management services means those services performed by a catastrophe management firm in advising the insured on minimizing potential harm to the insured from a covered catastrophe management event by managing adverse media coverage and maintaining and restoring public confidence in the insured. Catastrophe management costs means the following reasonable and necessary expenses incurred during a catastrophe management event and directly caused by the catastrophe management event but only to the extent that the insured or a third party arranges for such services resulting in these expenses and the expenses are pre approved by us 1. expenses incurred by a catastrophe management firm in the performance of catastrophe management services for the insured 2. expenses for printing advertising mailing of materials or travel by directors officers employees or agents of the insured or the catastrophe management firm incurred at the direction of a catastrophe management firm expenses to secure the scene of a catastrophe management event 3. medical expenses funeral expenses expenses for psychological counseling travel expenses temporary living expenses or other necessary response costs and approved by us incurred by or advanced to third parties directly harmed by the catastrophe management event. Catastrophe management costs do not include any defense costs. Key executive means the Chief Executive Officer Chief Operating Officer Chief Financial Officer President General Counsel or general partner if the insured is a partnership or sole proprietor if the insured is a sole proprietorship of the insured. A key executive also means any other person holding a title designated by you approved by us and shown by endorsement to this policy. All other terms and conditions of this policy remain unchanged. Authorized Agent XS22088 0407 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 2 of 2 | 2 |
DIRECTORS AND OFFICERS WRONGFUL ACTS EXCLUSION Named Insured Endorsement Number BioStar Renewables LLC 004 Policy Symbol Policy Number Policy Period Effective Date of Endorsement X00 M00587849 001 06 18 2014 to 04 28 2015 06 18 2014 Issued By Name of Insurance Company ACE Property and Casualty Insurance Company Tnsert the policy number. The remainder of the information is o be completed only when this endorsement s ssued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This Endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY This insurance does not apply to any claim or suit for wrongful Acts committed attempted or alleged to have been committed or attempted by the directors or officers of any insured in the discharge of their duties either individually or collectively. This exclusion does not apply to bodily injury personal injury property damage or advertising injury arising out of wrongful acts. Wrongful acts means any actual or alleged breach of duty neglect error misstatement misleading statement omission or any other acts incidental thereto. All other terms and conditions of the policy remain unchanged. Authorized Representative 2012 XS20800a 0112 Page 1 of 1 | 2 |
EXCLUSION OF CERTIFIED ACTS OF TERRORISM Named Insured BioStar Renewables LLC Endorsement Number 005 Policy Symbol X00 Policy Number M00587849 001 Policy Period 06 18 2014 to 04 28 2015 Effective Date of Endorsement 06 18 2014 Issued By Name of Insurance Company ACE Property and Casualty Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY Any injury or damage arising directly or indirectly out of a certified act of terrorism. For the purposes of this exclusion the following definitions are added 1. Any injury or property damage means any injury or damage covered under any Coverage Part or underlying insurance to which this endorsement is applicable and includes but is not limited to bodily injury property damage personal and advertising injury injury or damage to the environment as may be defined in any applicable coverage part or underlying insurance. 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 pursuant to the federal Terrorism Risk Insurance Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following a. The act resulted in insured losses in excess of 5000000 in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and b. The actis 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. All other terms and conditions of this policy remain unchanged. Authorized Representative XS23670 0108 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 0f 1 | 2 |
FOLLOW FORM ABSOLUTE POLLUTION EXCLUSION Named Insured Endorsement Number BioStar Renewables LLC 006 Policy Symbol Policy Number Policy Period Effective Date of Endorsement X000 M00587849 001 06 18 2014 to 04 28 2015 06 18 2014 Tssued By Name of Insurance Company ACE Property and Casualty Insurance Company Tnsert the poiicy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY Exclusion R. of Section V EXCLUSIONS is deleted and replaced by the following Except to the extent coverage is available to the insured in the underlying insurance and for the full limits of liability shown therein This insurance does not apply to any injury damage expense cost loss liability or legal obligation arising out of or in any way related to pollution however caused. Pollution includes the actual alleged or potential presence in or introduction into the environment of any substance if such substance has or is alleged to have the effect of making the environment impure harmful or dangerous. Environment includes any air land structure or the air therein watercourse or water including underground water. All other terms and conditions of this policy remain unchanged. Authorized Agent Page 1 of 1 XS20770 0806 | 2 |
FUNGI EXCLUSION ENDORSEMENT Named Insured Endorsement Number BioStar Renewables LLC 007 Policy Symbol Policy Number Policy Period Effective Date of Endorsement X00 MO00587849 001 06 18 2014 to 04 28 2015 06 18 2014 Issued By Name of Insurance Company ACE Property and Casualty Insurance Company Tnsert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of or in any way related to the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or presence of any fungi regardless of whether any other cause event material or product contributed concurrently or in any sequence to bodily injury property damage or personal and advertising injury. Fungi means any type or form of fungus mold mildew mycotoxins spores or scents or by products produced or released by fungi but does not include any fungi intended by the insured for human consumption. All other terms and conditions of the policy remain unchanged. Authorized Agent XS23638 012008 Page 1 of 1 | 2 |
LEAD EXCLUSION Named Insured Endorsement Number BioStar Renewables LLC 008 Policy Symbol Policy Number Policy Period Effective Date of Endorsement X00 M00587849 001 06 18 2014 to 04 28 2015 06 18 2014 Tssued By Name of Insurance Company ACE Property and Casualty Insurance Company Tnsert the poiicy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This Endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY This insurance does not apply to any injury damage expense cost loss liability or legal obligation arising out of or in any way related to the toxic properties of lead or lead containing products materials or substances. This exclusion applies to all forms of lead including but not limited to solid liquid vapor and fumes. All other terms and conditions of this policy remain unchanged. Authorized Agent Page 1 of 1 XS20854 0806 | 2 |
ACE Property and Casualty Insurance Company Insurance Company BioStar Renewables LLC Policyholder XOO0 M00587849 001 Policy Number Lockton Companies LLC Broker Producer POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE You were notified that under the Terrorism Risk Insurance Act as amended that you have the right to purchase insurance coverage for losses resulting from acts of terrorism as defined in Section 1021 of the Act The term act of terrorism means any 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 to be a violent act or an act that is dangerous to human life property or infrastructure to have resulted in damage within the United States or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission and to have been 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. YOU SHOULD KNOW THAT WHERE COVERAGE IS PROVIDED FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM SUCH LOSSES MAY BE PARTIALLY REIMBURSED BY THE UNITED STATES GOVERNMENT UNDER A FORMULA ESTABLISHED BY FEDERAL LAW. HOWEVER SUCH POLICIES MAY CONTAIN OTHER EXCLUSIONS WHICH MIGHT AFFECT COVERAGE SUCH AS AN EXCLUSION FOR NUCLEAR EVENTS. UNDER THE FORMULA THE UNITED STATES GOVERNMENT GENERALLY REIMBURSES 85 OF COVERED TERRORISM LOSSES EXCEEDING THE STATUTORILY ESTABLISHED DEDUCTIBLE PAID BY THE INSURANCE COMPANY PROVIDING THE COVERAGE. THE PREMIUM FOR THIS COVERAGE IS PROVIDED BELOW AND DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS THAT MAY BE COVERED BY THE FEDERAL GOVERNMENT UNDER THE ACT. YOU SHOULD ALSO KNOW THAT THE TERRORISM RISK INSURANCE ACT AS AMENDED CONTAINS A 100 BILLION CAP THAT LIMITS U.S. GOVERNMENT REIMBURSEMENT AS WELL AS INSURERS LIABIITY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM WHEN THE AMOUNT OF SUCH LOSSES IN ANY ONE CALENDAR YEAR EXCEEDS 100 BILLION. IF THE AGGREGATE INSURED LOSSES FOR ALL INSURERS EXCEED 100 BILLION COVERAGE MAY BE REDUCED. You elected NOT to purchase terrorism coverage under the Act at the price indicated. ACCORDINGLY WE WILL NOT PROVIDE THIS COVERAGE AND YOU DO NOT OWE THE ADDITIONAL PREMIUM FOR THAT COVERAGE INDICATED BELOW. Terrorism coverage described by the Act under your policy was made available to you for additional premium in the amount of 443 however you elected to decline such coverage. TRIA15 0108 ACE Prope POLICYHOLDER DISCLOSL NOTICE OF TERRORISM INSURAN d Casualty Insurance Company surance Company ar Renewables LLC Policyholder M00587849 001 Policy Number on Companies LLC 3roker Producer OVERAGE | 2 |
PRODUCTS COMPLETED OPERATIONS HAZARD FOLLOW FORM ENDORSEMENT Named Insured Endorsement Number BioStar Renewables LLC 010 Policy Symbol Policy Number Policy Period Effective Date of Endorsement X00 M00587849 001 06 18 2014 to 04 28 2015 06 18 2014 Issued By Name of Insurance Company ACE Property and Casualty Insurance Company Tnsert the poiicy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY Except to the extent coverage is available to the insured in the underlying insurance and for the full limits of liability shown therein this insurance does not apply to any bodily injury property damage or personal and advertising injury 1. Arising out of the products completed operations hazard or 2. Assumed by the insured under any contract or agreement that indemnifies a person or organization for liability included within the products completed operations hazard. All other terms and conditions of the policy remain unchanged. Authorized Agent Page 1 of 1 XS20818 0806 | 2 |
SILICA OR SILICA RELATED DUST EXCLUSION Named Insured Endorsement Number BioStar Renewables LLC 011 Policy Symbol Policy Number Policy Period Effective Date of Endorsement X00 M00587849 001 06 18 2014 to 04 28 2015 06 18 2014 Issued By Name of Insurance Company ACE Property and Casualty Insurance Company Tnsert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY SECTION V. EXCLUSIONS is amended to include the following additional exclusion. This insurance does not apply to 1. Bodily injury arising in whole or in part out of the actual alleged threatened or suspected inhalation of or ingestion of silica or silica related dust. Property damage arising in whole or in part out of the actual alleged threatened or suspected contact with exposure to existence of or presence of silica or silica related dust. Personal and advertising injury arising in whole or in part out of the actual alleged threatened or suspected inhalation of ingestion of contact with exposure to existence of or presence of silica or silica related dust. Any loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of silica or silica related dust by any insured or by any other person or entity. SECTION VII. DEFINITIONS is amended to include the following additional definitions Silica means silicon dioxide occurring in crystalline amorphous and impure forms silica particles silica dust or silica compounds. Silica related dust means a mixture or combination of silica and other dust or particles. All other terms and conditions of this policy remain unchanged. Authorized Agent XS26431 0209 Page 1 of 1 | 2 |
UNSOLICITED COMMUNICATIONS EXCLUSION AMENDMENT TO INCLUDE FACTA Named Insured Endorsement Number BioStar Renewables LLC 012 Policy Symbol Policy Number Policy Period Effective Date of Endorsement X00 MO00587849 001 06 18 2014 to 04 28 2015 06 18 2014 Issued By Name of Insurance Company ACE Property and Casualty Insurance Company Tnsert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY Section V. EXCLUSIONS Item V. Unsolicited Communications is deleted and replaced with the following V. Recording and Distribution of Material or Information in Violation of Law Bodily injury property damage or personal and advertising injury arising out of any form of communication including but not limited to facsimile electronic mail posted mail or telephone that violates or is alleged to violate 1. The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2. The CAN SPAM Act of 2003 including any amendment of or addition to such law 3. The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transaction Act FACTA or 4. Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 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. All other terms and conditions of this policy remain unchanged. Authorized Representative XS34018 0112 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
KANSAS CHANGES CANCELLATION NONRENEWAL AND STATE REQUIRED CONDITIONS Named Insured Endorsement Number BioStar Renewables LLC 013 Policy Symbol Policy Number Policy Period Effective Date of Endorsement X00 MO00587849 001 06 18 2014 to 04 28 2015 06 18 2014 Issued By Name of Insurance Company ACE Property and Casualty Insurance Company Tnsert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY EXCESS LIABILITY POLICY EXCESS LIABILITY CATASTROPHE POLICY A. The Cancellation Condition is replaced by the following 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.a. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation stating the reasons for cancellation at least 1 10 days before the effective date of cancellation if we cancel for nonpayment of premium. 2 30 days before the effective date of cancellation if we cancel for any other reason. b. If this policy has been in effect for 90 days or more or if it is a renewal of a policy we issued we may cancel this policy only for one or more of the following reasons 1 Nonpayment of premium 2 This policy was issued because of material misrepresentation 3 You or any other insured violated any of the material terms and conditions of this policy 4 Unfavorable underwriting factors specific to you exist that were not present at the inception of this policy 5 A determination by the insurance commissioner that continuation of coverage could place us in a hazardous financial condition or in violation of the laws of Kansas or 6 A determination by the insurance commissioner that we no longer have adequate reinsurance to meet our needs. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. 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. XS1V20a 0704 Reprinted with permission of Insurance Services Office Page 1 of 2 | 2 |
B. The following is added and supersedes any condition to the contrary NONRENEWAL 1. If we decide not to renew this policy we will mail or deliver written notice of nonrenewal stating the reasons for nonrenewal to the first Named Insured at least 60 days prior to the expiration of the policy. 2. Any notice of nonrenewal will be mailed or delivered to the first Named Insured s last mailing address known to us. If notice is mailed proof of mailing will be sufficient proof of notice. Authorized Agent XS1V20a 0704 Reprinted with permission of Insurance Services Office Page 2 of 2 | 2 |
SIGNATURES Named Insured Endorsement Number BioStar Renewables LLC 014 Policy Symbol Policy Number Policy Period Effective Date of Endorsement X00 M00587849 001 06 18 2014 to 04 28 2015 06 18 2014 ssued By Name of Insurance Company ACE Property and Casualty Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THE ONLY SIGNATURES APPLICABLE TO THIS POLICY ARE THOSE REPRESENTING THE COMPANY NAMED ON THE FIRST PAGE OF THE DECLARATIONS. By signing and delivering the policy to you we state that it is a valid contract. INDEMNITY INSURANCE COMPANY OF NORTH AMERICA A stock company BANKERS STANDARD FIRE AND MARINE COMPANY A stock company BANKERS STANDARD INSURANCE COMPANY A stock company ACE AMERICAN INSURANCE COMPANY A stock company ACE PROPERTY AND CASUALTY INSURANCE COMPANY A stock company INSURANCE COMPANY OF NORTH AMERICA A stock company PACIFIC EMPLOYERS INSURANCE COMPANY A stock company ACE FIRE UNDERWRITERS INSURANCE COMPANY A stock company WESTCHESTER FIRE INSURANCE COMPANY A stock company 436 Walnut Street P.O. Box 1000 Philadelphia Pennsylvania 19106 3703 JOHN J. LUPICA. President Plpees A 0L REBECCA L. COLLINS Secretary Authorized Representative CC1K11h 0314 | 2 |
ACE Producer Compensation Practices Policies ACE believes that policyholders should have access to information about ACE s practices and policies related to the payment of compensation to brokers and independent agents. You can obtain that information by accessing our website at httpwww.aceproducercompensation.com or by calling the following toll free telephone number 1 866 512 2862. ALL20887 1006 | 2 |
ILP 0010104 U. S. TREASURY DEPARTMENT S OFFICE OF FOREIGN ASSETS CONTROL OFAC ADVISORY NOTICE TO POLICYHOLDERS No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Notice provides information concerning possible impact on your insurance coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of Foreign Assets Control OFAC administers and enforces sanctions policy based on Presidential declarations of national emergency. OFAC has identified and listed numerous Foreign agents Front organizations Terrorists Terrorist organizations and Narcotics traffickers as Specially Designated Nationals and Blocked Persons. This list can be located on the United States Treasury s web site httpwww.treas.gov ofac. In accordance with OFAC regulations if it is determined that you or any other insured or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person as identified by OFAC this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. IL P 0010104 ISO Properties Inc. 2004 | 2 |
ACE GROUP SPECIALTY g CLAIMS LOSS NOTIFICATION FORM Today s Date FORWARD BY FAX MAIL OR E MAILTO ACE Excess P.O. Box 5103 Scranton PA 18505 0510 Fax No. 866635 5687 CasualtyRiskExcessFirstNoticeaceina.com 8505 0510 635 5687 cessFirstNoticeac Notice of check all that apply First Party Claim Third Party Claim Other Potential Claim Litigation Initiated Insured s Name Contact Information Company Name BioStar Renewables LLC Point of Contact Address 10601 Mission Rd Ste 200 Leawood KS 66206 2400 Phone Number Broker Agent s Name Contact Information Company Name LOCKTON COMPANIES LLC Address 444 WEST 47TH STREET Point of Contact 53117 Cheri Weathers Phone Number Policy Information Policy Number XOO M00587849 001 Policy Period 06 18 2014 to 04 28 2015 Limits of Liability 5000000 per Loss Information Date of Incident Claim 5000000 Location agg Self Insured Retention Deductible 10000 Claimant Name Address Description of Loss Please list all attached or enclosed documentation check if none provided Name of Person Completing This Form Signature 2009 E XS28500 1009 Page 1 of 1 | 2 |
COMMERCIAL UMBRELLA LIABILITY INFORMATION FOR POLICYHOLDERS TO HELP YOU IN THE EVENT OF A CLAIM FOR CATASTROPHE MANAGEMENT COVERAGE A CATASTROPHE MANAGEMENT COVERAGE ENDORSEMENT is attached to your commercial umbrella liability policy from ACE Excess Casualty. This informational notice has been prepared in conjunction with the implementation of changes to your policy. It contains a brief synopsis of the Catastrophe Management Coverage endorsement. Please read your policy and the endorsements attached to your policy carefully. When this endorsement is attached to your policy. Insurance is provided for covered catastrophe management costs arising out of a catastrophe management event as defined in the endorsement.. In order to activate your catastrophe management coverage make a claim you must call the following toll free number 1 877 366 3747. If you attempt to report directly to a firm that provides catastrophe management services on our behalf you will be re directed to the toll free number shown above. Please be prepared to provide the following information o Caller s name title and contact telephone number Name of Insured Policy Number A description of the incident Any witnesses Property Product or Vehicle Information Incident Location Contact Person Number and nature of bodily injuries including any fatalities and the number of people injured Current status of the situation 000000000 The coverage description in this notice is a summary only. It is not part of the policy and does not amend or alter your policy. Please see your policy for actual terms and conditions. ACE Excess Casualty is one of the U.S.based business groups of ACE USA. Insurance policies are issued by ACE Property and Casualty insurance Company or one of its insurance company affiliates. XS22552 062007 Page 1 of 1 | 2 |
Z ZURICH Texas Important Notice IMPORTANT NOTICE To obtain information or make a complaint You may call Zurich North America s toll free telephone number for information or to make a complaint at 1 800 382 2150 AVISO IMPORTANTE Para obtener informacin o para presentar una queja Usted puede llamar al nimero de telfono gratuito de Zurich North America s para obtener informacin o para presentar una queja al 1 800 382 2150 You may contact the Texas Department of Insurance to obtain information on companies coverages rights or complaints at 1 800 252 3439 Usted puede comunicarse con el Departamento de Seguros de Texas para obtener informacin sobre compaiiias coberturas derechos o quejas al 1 800 252 3439 You may write the Texas Department of Insurance P.O. Box 149104 Austin TX 78714 9104 Fax 512 490 1007 Web www.tdi.texas.gov E mail ConsumerProtectiontdi.texas.gov PREMIUM OR CLAIM DISPUTES Should you have a dispute concerning your premium or about a claim you should contact the company first. If the dispute is not resolved you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY This notice is for information only and does not become a part or condition of the attached document. BV EME NIV Usted puede escribir al Departamento de Seguros de Texas a P.O. Box 149104 Austin TX 78714 9104 Fax 512 490 1007 Sitio web www.tdi.texas.gov E mail ConsumerProtectiontdi.texas.gov DISPUTAS POR PRIMAS DE SEGUROS O RECLAMACIONES Si tiene una disputa relacionada con su prima de seguro o con una reclamacion usted debe comunicarse con la compaiiia primero. Si la disputa no es resuelta usted puede comunicarse con el Departamento de Seguros de Texas. AR NINTE ECTE AVICA A Sl DAL I7A Fein avien ac ADJUNTE ESTE AVISO A SU POLIZA Este aviso es solamente para propsitos informativos y no se convierte en parte o en condicin del documento adjunto. U GU296 E 0615 Page 1 of 1 | 2 |
Z ZURICH Important Notice In Witness Clause In return for the payment of premium and subject to the terms of this policy coverage is provided as stated in this policy. IN WITNESS WHEREOF this Company has executed and attested these presents and where required by law has caused this policy to be countersigned by its duly Authorized Representatives. President Corporate Secretary QUESTIONS ABOUT YOUR INSURANCE Your agent or broker is best equipped to provide information about your insurance. Should you require additional information or assistance in resolving a complaint call or write to the following please have your policy or claim number ready Zurich in North America Customer Inquiry Center 1299 Zurich Way Schaumburg lllinois 60196 1056 1 800 382 2150 Business Hours 8 a.m. 4 p.m. CT Email info.sourcezurichna.com WUESTIUNS ABUUT TUUR INOURANLEY Your agent Oor broker IS best equipped 1o provide information about your insurance. Should you require additional information or assistance in resolving a complaint call or write to the following please have your policy or claim number ready Zurich in North America Customer Inquiry Center 1299 Zurich Way Schaumburg lllinois 60196 1056 1 800 382 2150 Buslness Hours 8 a.m. 4 p.m. CT U GU319 F CW 0109 Page 1 of 1 | 2 |
Z ZURICH Insured Name MAX MANDELL MUNICIPAL GOLF COURSE Policy Number AUC 0179037 05 Effective Date 06152020 THIS DISCLOSURE IS ATTACHED TO AND MADE PART OF YOUR POLICY. DISCLOSURE OF IMPORTANT INFORMATION RELATING TO TERRORISM RISK INSURANCE ACT SCHEDULE Premium attributable to risk of loss from certified acts of terrorism for lines of insurance subject to TRIA 53 Any information required to complete this Schedule if not shown above will be shown in the Declarations. A o Disclosure of Premium In accordance with the federal Terrorism Risk Insurance Act TRIA as amended we are required to provide you with a notice disclosing the portion of your premium if any attributable to the risk of loss from terrorist acts certified under that Act for lines subject to TRIA. That portion of premium attributable is shown in the Schedule above. The premium shown in the Schedule above is subject to adjustment upon premium audit if applicable.. Disclosure of Federal Participation in Payment of Terrorism Losses You should know that where coverage is provided by this policy for losses resulting from certified acts of terrorism the United States Government may pay up to 80 of insured losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. Disclosure of 100 Billion Cap on All Insurer and Federal Obligations If aggregate insured losses attributable to terrorist acts certified under TRIA exceed 100 billion in a calendar year January 1 through December 31 and an insurer has met its deductible under the program that insurer shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of Treasury.. Availability As required by TRIA we have made available to you for lines subject to TRIA coverage for losses resulting from acts of terrorism certified under TRIA with terms amounts and limitations that do not differ materially from those for losses arising from events other than acts of terrorism. Definition of Act of Terrorism under TRIA TRIA defines act of terrorism as any act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act TRIA to be an act of terrorism. The Terrorism Risk Insurance Act provides that the Secretary of Treasury shall certify an act of terrorism 1. To be an act of terrorism 2. To be a violent act or an act that is dangerous to human life property or infrastructure 3. To have resulted in damage within the United States or outside of the United States in the case of an air carrier as defined in section 40102 of Title 49 United States Code or a United States flag vessel or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States or the premises of a United States mission and Copyright 2020 Zurich American Insurance Company Includes copyrighted material of Insurance Services Office Inc. with its permission. U GU630 E CW 0120 Page 1 of 2 | 2 |
4. To have been 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. No act may be certified as an act of terrorism if the act is committed as part of the course of a war declared by Congress except for workers compensation or if losses resulting from the act in the aggregate for insurance subject to TRIA do not exceed 5000000. Copyright 2020 Zurich American Insurance Company Includes copyrighted material of Insurance Services Office Inc. with its permission. U GU630 E CW 0120 Page20f 2 | 2 |
Z ZURICH Disclosure Statement It is our pleasure to present the enclosed policy to you for presentation to your customer. INSTRUCTION TO AGENT OR BROKER WE REQUIRE THAT YOU TRANSMIT THE ATTACHED ENCLOSED DISCLOSURE STATEMENT TO THE CUSTOMER WITH THE POLICY. Once again thank you for your interest and we look forward to meeting your needs and those of your customers. U GU873 A CW 0611 Page1 of 1 | 2 |
Z ZURICH Disclosure Statement NOTICE OF DISCLOSURE FOR AGENT BROKER COMPENSATION If you want to learn more about the compensation Zurich pays agents and brokers visit httpwww.zurichnaproducercompensation.com or call the following toll free number 866 903 1192. This Notice is provided on behalf of Zurich American Insurance Company and its underwriting subsidiaries. U GU874 A CW 0611 Page1 of 1 | 2 |
ZURICH Commercial Umbrella Liability Policy ZURICI Declarations Insurance is provided by the company below. American Guarantee and Liability Insurance Company Policy Number AUC 0179037 05 Renewal of Number AUC 0179037 04 1. Named Insured MAX MANDELL MUNICIPAL GOLF Producer LOCKTON COMPANIES LLC COURSE 2. Mailing Address 27700 FM 1472 1015 N 98TH ST STE 101 LAREDO TX 78045 5022 OMAHA NE 68114 2357 Email Address tfangmanIlockton.com 3. Policy Period From 06152020 To 06152021 at 1201 A.M. Standard Time at the address of the Named Insured. 4. Limits of Insurance A. 5000000 Occurrence B. 5000000 Other Aggregate C. 5000000 Products Completed Operations Aggregate D. 250000 Casualty Business Crisis Aggregate Limit 5. Retained Limit 0 Occurrence 1015 N 98TH ST STE 101 OMAHA NE 68114 2357 tfangmanIlockton.com Retained Limit 0 Occurrence Policy Premium Advance Premium 5303 Policy Minimum Earned Premium 1326 Schedule of Underlying Insurance See attached Schedule of Underlying Insurance Endorsements Attached See attached Schedule of Forms and Endorsements U UMB D101 C CW 0310 Page 1 of 1 | 2 |
ZURICH Schedule of Forms and Endorsements Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Addl Prem. Return Prem. AUC 0179037 05 06152020 06152021 06152020 28832000 Named Insured and Mailing Address Producer MAX MANDELL MUNICIPAL GOLF COURSE 27700 FM 1472 LAREDO TX 78045 5022 LOCKTON COMPANIES LLC 1015 N 98TH ST STE 101 OMAHA NE 68114 2357 Form Name Form Number Edition Date Important Notice In Witness Clause U GU319 F CW 0109 Disclosure of Premium Relating to Disposition of TRIA U GU630 E CW 0120 Commercial Umbrella Liability Policy Declarations U UMB D101 C CW 0310 Schedule of Underlying Insurance U UMB105 A CW 0799 Extended Schedule of Underlying Insurance U UMB106 A CW 0799 Commercial Umbrella Liability Policy U UMB103 C CW 0310 Certified Act of Terrorism Retained Amount Coverage B U UMB406 D CW 0115 Schedule of Named Insureds U GU621 A CW 1002 Care Custody Or Control Exclusion U UMB129 B CW 0703 Employers Liability Exclusion U UMB168 B CW 0310 Fungus or Bacteria Exclusion U UMB385 C CW 0719 Liquor Liability Endorsement Occurrence U UMB708 A 0810 Access Or Disclosure Of Confidential Or Personal U UMB922 A CW 0115 Information Following Form Sanctions Exclusion Endorsement U GU1191 A CW 0315 Texas Changes U UMB324 B TX 1210 Texas Policyholder Notice Asbestos Exclusion U UMB328 A TX 0799 Exclusion Recording And Distribution Of Material Or U UMB525 F CW 0114 Information In Violation Of Law Umbrella Amendatory Endorsement U UMB906 A CW 0114 U GU1191 A CW U UMB324 B TX U UMB328 A TX U UMB525 F CW 0315 1210 0799 0114 U UMB906 A CW 0114 U UMB104 A CW 0799 Page 1 of 2 | 2 |
Cap on Losses From Certified Acts of Terrorism U GU767 B CW 0115 U UMB104 A CW 0799 Page20f 2 | 2 |
ZURICH Schedule of Underlying Insurance Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Addl Prem. Return Prem. AUC 0179037 05 06152020 06152021 06152020 28832000 Named Insured and Mailing Address Producer MAX MANDELL MUNICIPAL GOLF COURSE 27700 FM 1472 LAREDO TX 78045 5022 LOCKTON COMPANIES LLC 1015 N 98TH ST STE 101 OMAHA NE 68114 2357 Company Policy No. and Term Coverage Applicable Limits A. Company ZURICH AMERICAN INSURANCE COMPANY Policy No CPO0179034 05 Term 06152020 to 06152021 Commercial General Liability General Liability Including Employee Benefits 1000000 Premises Each Occurrence 1000000 Products Completed Ops Each Occurrence 2000000 Products Completed Operations Aggregate 2000000 General Aggregate 1000000 Personal Injury Advertising Injury 1000000 Employee Benefits Each Claim 1000000 Employee Benefits General Aggregate Company Policy No. and Term Coverage Applicable Limits B. Company ZURICH AMERICAN INSURANCE COMPANY OF ILLINOIS Policy No CPO0179034 05 Term 06152020 to 06152021 Commercial Auto Liability Auto Liability 1000000 Combined Single Limit Term 06152020 to 06152021 Including Employee Benefits Auto Liability U UMB105 A CW 0799 Page 1 of 1 | 2 |
ZURICH Extended Schedule of Underlying Insurance Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Addl Prem. Return Prem. AUC 0179037 05 06152020 06152021 06152020 28832000 Named Insured and Mailing Address Producer MAX MANDELL MUNICIPAL GOLF COURSE 27700 FM 1472 LAREDO TX 78045 5022 LOCKTON COMPANIES LLC 1015 N 98TH ST STE 101 OMAHA NE 68114 2357 Company Policy No. and Term Coverage Applicable Limits Company Zurich American Insurance Company Policy No CPO0179034 05 Term 06152020 to 06152021 Liquor Liability liquor liability 1000000 Each Occurrence 1000000 Aggregate U UMB106 A CW 0799 Page 1 of 1 | 2 |
ZURICH Commercial Umbrella Liability Policy Zurich North America Insurance is provided by the company designated on the Declarations of this policy. U UMB100 B CW 0703 Page 1 of 1 | 2 |
ZURICH Commercial Umbrella Liability Policy There are provisions in this policy that restrict coverage. Read the entire policy carefully to determine your 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 hamed insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such in SECTION V. DEFINITIONS of this policy. Words and phrases that are printed in bold face type are defined in this policy. These definitions are found in SECTION V. DEFINITIONS of this policy or in the specific policy provision where they appear. In consideration of the payment of the premium and in reliance upon the statements in the Declarations and in accordance with the provisions of this policy we agree with you to provide coverage as follows Insuring Agreements CECTIAN CNVERDACD bbbt A SECTIONI. COVERAGE A Coverage A Excess Follow Form Liability Insurance Under Coverage A we will pay on behalf of the insured those damages covered by this insurance in excess of the total applicable limits of underlying insurance. With respect to Coverage A this policy includes 1. The terms and conditions of underlying insurance to the extent such terms and conditions are not inconsistent or do not conflict with the terms and conditions referred to in Paragraph 2. below and 2. The terms and conditions that apply to Coverage A of this policy. Notwithstanding anything to the contrary contained above if underlying insurance does not apply to damages for reasons other than exhaustion of applicable Limits of Insurance by payment of loss then Coverage A does not apply to such damages. Also Coverage A does not apply to any form of casualty business crisis expense insurance even if such insurance is afforded under underlying insurance or would have been afforded except for the exhaustion of the Limits of Insurance of underlying insurance. Coverage B Umbrella Liability Insurance Under Coverage B we will pay on behalf of the insured those damages the insured becomes legally obligated to pay by reason of liability 1. Imposed by law because of bodily injury property damage or personal and advertising injury or 2. Assumed under an insured contract because of bodily injury or property damage covered by this insurance but only if the injury damage or offense arises out of your business takes place during the policy period of this policy and is caused by an occurrence happening anywhere. We will pay such damages in excess of the Retained Limit specified in Item 5. of the Declarations or the amount payable by other insurance whichever is greater. Coverage B does not apply to any loss claim or suit for which insurance is afforded under underlying insurance or would have been afforded except for the exhaustion of the Limits of Insurance of underlying insurance. The amount we will pay for loss under Coverage A or Coverage B is limited as described in SECTION Il LIMITS OF INSURANCE. We have no obligation under Coverage A andor Coverage B with respect to any settlement made without our consent. The insurance afforded under Coverage A and Coverage B applies to bodily injury or property damage only if prior to the policy period no designated insured knew that the bodily injury or property damage had occurred in whole or in part. If such a designated insured 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. U UMB103 C CW 0310 Page 1 of 19 | 0 |
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 designated insured includes any continuation change or resumption of that bodily injury or property damage after the policy period and Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any designated 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 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. Coverage C Casualty Business Crisis Expense Under Coverage C we will pay for casualty business crisis expense regardless of fault arising from a casualty business crisis first commencing during the policy period. No underlying insurance or Retained Limit applies to Coverage C. Subject to the other terms and conditions of this coverage we shall pay casualty business crisis expense from the first dollar of such expense. The amount we will pay for casualty business crisis expense under Coverage C is limited as described in SECTION II. LIMITS OF INSURANCE. Any amounts that we pay under Coverage C will not obligate us in any way under Coverage A or Coverage B. SECTION Il LIMITS OF INSURANCE A With respect to Coverage A and Coverage B the Limits of Insurance shown in the Declarations and the rules below describe the most we will pay regardless of the number of 1. Insureds 2. Claims made or suits brought 3. Coverages provided under this policy or 4. Persons or organizations making claims or bringing suits. The Limits of Insurance of this policy will apply as follows 1. The limit stated in Item 4.B. of the Declarations for the Other Aggregate is the most we will pay for all loss under Coverage A and Coverage B combined except for a. Loss covered under the products completed operations hazard and b. Loss covered in underlying insurance to which no underlying aggregate limit applies. In addition with respect to Coverage A only if a policy listed on the Schedule of Underlying Insurance contains aggregate limits other than an aggregate limit applying to the products completed operations hazard the Other Aggregate limit stated in Item 4.B. of the Declarations will apply in the same manner as such other aggregate limits of each policy listed in the Schedule of Underlying Insurance. 2. The limit stated in Item 4.C. of the Declarations for the Products Completed Operations Aggregate is the most we will pay for all loss under both Coverage A and Coverage B combined as a result of bodily injury or property damage included within the products completed operations hazard. 3. Subject to Paragraph B.1. or B.2. above whichever applies the limit stated in Item 4.A. of the Declarations for Occurrence is the most we will pay for all loss arising out of any one occurrence even if such loss is covered in whole or in part under both Coverage A and Coverage B. Coverage A applies only in excess of the greater of the actual Limits of Insurance of underlying insurance or the Limits of Insurance shown on the Schedule of Underlying Insurance forming a part of this policy. With respect to Coverage C the limit stated as the Casualty Business Crisis Expense Aggregate Limit in Item 4.D. of the Declarations is the most we will pay for all casualty business crisis expense first commencing during the policy period. This limit is in addition to and casualty business crisis expense does not reduce or exhaust any other Limit of Insurance applicable to this policy. U UMB103 C CW 0310 Page 2 of 19 | 1 |
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 preceding period for purposes of determining the Limits of Insurance. With respect to Coverage A only and subject to paragraphs B.1. B.2. B.3. and C. above 1. If the limits of underlying insurance have been reduced solely by payment of loss for which coverage is afforded under this policy this policy will drop down to become immediately excess of the reduced underlying limit or 2. If the limits of underlying insurance have been exhausted solely by payment of loss for which coverage is afforded under this policy this policy will continue in force as underlying insurance. SECTION lll. DEFENSE AND SUPPLEMENTARY PAYMENTS A D. We have the right and duty to assume control of the investigation and settlement of any claim or defense of any suit against the insured for damages covered by this policy 1. Under Coverage A when the applicable limit of underlying insurance and other insurance has been exhausted by payment of loss for which coverage is afforded under this policy or 2. Under Coverage B when damages are sought for bodily injury property damage or personal and advertising injury to which no underlying insurance or other insurance applies. Under Coverage C we do not assume any duty to control the investigation and settlement of any claim or defense of any suit that may arise from a covered casualty business crisis. In those circumstances where paragraph A. above applies we will pay our expenses and the following to the extent that they are not included in underlying insurance 1. Up to 2000 for the cost of bail bonds. We do not have to furnish these bonds. 2. The cost of bonds to release attachments but only for bond amounts within the amount of insurance available. We do not have to furnish these bonds. 3. Reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings because of time off from work. 4. Al court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured. 5. Pre judgment interest awarded against the insured on that part of the judgment we pay. However if we make an offer to pay the applicable Limit of Insurance we will not pay any pre judgment interest based on that period of time after the offer. 6. Allinterest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court that part of the judgment that is within the applicable Limits of Insurance. When our expenses and the payments described in paragraph C. above are not included in the definition of loss they will not reduce the Limits of Insurance. In those circumstances where paragraph A. above does not apply we do not have the duty to assume control of the investigation and settlement of any claim or defense of any suit against the insured. We do however have the right to participate in the investigation and settlement of any claim or defense of any suit that we feel may create liability on our part under the terms of this policy. If we exercise this right we will do so at our expense. We will not investigate and settle any claim or defend any suit after we have exhausted the applicable Limit of Insurance as stated in Item 4. of the Declarations. If we are prevented by law from carrying out the provisions of Section lll. Paragraph A. above we will pay any expense incurred with our consent. SECTION IV. EXCLUSIONS A Under Coverage A and Coverage B this policy does not apply to any liability damage loss cost or expense ASBESTOS 1. Arising out of or relating in any way to U UMB103 C CW 0310 Page 3 of 19 | 1 |
a. Asbestos or which would not have occurred in whole or in part but for the actual alleged or threatened discharge dispersal release leakage leaching friability flaking escape or presence of asbestos regardless of whether any other cause event material or product contributed concurrently or in any sequence to the injury or damage or b. Any 1 Request demand order statutory or regulatory requirement direction or determination that any insured or others test for investigate monitor clean up remove study contain treat encapsulate control or take any other action regarding asbestos or 2 Claim or suit for damages arising out of or relating in any way to any request demand order statutory or regulatory requirement direction or determination than any insured or others test for investigate monitor clean up remove study contain treat encapsulate control or take any other action regarding asbestos. EMPLOYMENT PRACTICES 2. Arising out of any bodily injury or personal and advertising injury to a. A person arising out of any 1 Failure to employ or promote that person 2 Termination of that person s employment including actual or alleged constructive dismissal 3 Employment related practices policies acts or omissions including but not limited to injury arising from coercion demotion evaluation reassignment discipline defamation harassment molestation humiliation retaliation hostile work environment discrimination or malicious prosecution directed at that person or b. The spouse domestic partner child parent brother or sister of that person as a consequence of any bodily injury or personal and advertising injury to that person at whom any of the employment related practices described in subparagraphs 1 2 or 3 above is directed. This exclusion applies a. Whether the injury causing event described in paragraph 2.a. above occurs before employment during employment or after employment of that person b. Whether the insured may be held liable as an employer or in any other capacity or c. To any obligation to share damages with or repay someone who must pay damages because of the injury. LAWS MISCELLANEOUS 3. Under any of the following a. Any uninsured underinsured motorist or auto no fault or first party personal injury law b. Any workers compensation unemployment compensation or disability benefits law or any similar law or. The Employees Retirement Income Security Act E.R.I.S.A. of 1974 as now or hereafter amended. LOSS OF OR LOSS OF USE OF INTANGIBLE PROPERTY 4. Arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate or process intangible property. For purposes of this insurance electronic data is intangible property. NUCLEAR 5. a. With respect to which any insured under this policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability 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 Limits of Insurance or b. Resulting from the hazardous properties of nuclear material and with respect to which 1 A person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or U UMB103 C CW 0310 Page 4 of 19 | 1 |
2 Any 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 or. Any injury or nuclear 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 any insured b Has been discharged or dispersed therefrom 2 The nuclear material is contained in spent fuel or waste at any time possessed handled used processed stored transported or disposed of by or on behalf of any insured or 3 The injury or nuclear property damage arises out of the furnishing by any insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this subparagraph 3 applies only to nuclear property damage to such nuclear facility and any property thereat. As used in this exclusion a. Hazardous properties include radioactive toxic or explosive properties. b. Nuclear Facility means 1 Any nuclear reactor 2 Any equipment or device designed or used for a Separating the isotopes of uranium or plutonium b Processing or utilizing spent fuel or c Handling processing or packaging waste 3 Any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of any insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 or 4 Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. c. Nuclear material means source material special nuclear material or by product material. Nuclear property damage includes all forms of radioactive contamination of property. 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. f. 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. h. Waste means any waste material 1 Containing by product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content and 2 Resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility. VIOLATION OF STATUTES 6. Resulting from or 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 U UMB103 C CW 0310 Page 5 of 19 | 1 |
The CAN SPAM Act of 2003 including any amendment of or addition to such law The Fair Credit Reporting Act FCRA and any amendment or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or d. Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. WAR AND MILITARY ACTION 7. Arising directly or indirectly out of a. War including undeclared or civil war b. Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or c. Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these regardless of any other cause or event that contributes concurrently or in any sequence to injury or damage. B. Under Coverage A this policy does not apply to any liability damage loss cost or expense POLLUTION 1. Arising directly or indirectly 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 which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does not apply to 1 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 2 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 underlying insurance 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 or 3 Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire 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 maybe 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 if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. However this subparagraph does not apply to 1 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 operation 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 2 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 U UMB103 C CW 0310 Page 6 of 19 | 1 |
2. 3 Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. 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. That are or that are contained in any property that is 1 Being transported or towed by handled or handled for movement into onto or from any auto for which coverage is provided by underlying insurance 2 Otherwise in the course of transit by or on behalf of any insured or 3 Being stored disposed of treated or processed in or upon any auto. However this subparagraph f. does not apply to bodily injury or property damage arising out of i The escape of fuels lubricants other operating 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 i The escape of pollutants from a covered auto that directly results from the collision upset or overturn of such auto while in the course of transit away from any premises owned by or rented to any insured. 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 brought 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. Under Coverage B this policy does not apply to AIRCRAFT AUTOS OR WATERCRAFT 1. 2. 3. Any liability damage loss cost or expense arising out of the ownership maintenance operation use loading or unloading or entrustment to others of any a. b. C. Aircraft owned by you or rented loaned or chartered by or on behalf of you without crew Auto or Watercraft owned by you except watercraft while ashore on premises you own or rent. 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. EMPLOYEE INJURY Any injury to a. b. An employee of the insured arising out of and in the course of 1 Employment by the insured or 2 Performing duties related to the conduct of the insured s business or Any injury to the spouse domestic partner child parent brother or sister of that employee as a consequence of exclusion 2.a. above. This exclusion applies whether the insured may be liable as an employer or in any other capacity or to any obligation to share damages with or repay someone else who must pay damages because of an injury. IMPAIRED PROPERTY 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 U UMB103 C CW 0310 Page 7 of 19 | 1 |
b. A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. INTENTIONAL INJURY 4. 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. PERSONAL and ADVERTISING INJURY 5. Personal and advertising injury a. 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 b. 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 any insured For which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement f. Arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement g Arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement h. Arising out of the wrong description of the price of goods products or services stated in your advertisement i. Arising out of the infringement of copyright patent trademark trade secret trade dress slogan or other intellectual property rights. However this exclusion does not apply to infringement of copyright trade dress or slogan in your advertisement j Committed by an insured whose business is 1 Advertising broadcasting publishing electronic publishing or telecasting 2 Designing or determining content of web sites for others or 3 An Internet search access or content provider. However this exclusion 5.j. does not apply to sub paragraphs C. 12. a. b. c. and h. of personal and advertising injury under SECTION V. DEFINITIONS. For purposes of this exclusion 5.. 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 k. Arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control or I. 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. POLLUTION 6. Any liability damage loss cost or expense a. Arising directly or indirectly out of the actual alleged or threatened existence discharge seepage migration dispersal release or escape of pollutants or b. Arising out of any U UMB103 C CW 0310 Page 8 of 19 | 1 |
1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2 Claim or suit by or on behalf of a 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. PRODUCT RECALL 7. Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of a. Your product b. Your work or c. Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. PROPERTY DAMAGE 8. Property damage to a. Property you own rent or occupy including any costs or expenses incurred by you or any person or 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 your care custody or control s a0 0w 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 f. That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it d. Your product arising out of it or any part of it or h. Your work arising out of it or any part of it and included in the products completed operations hazard. D. Under Coverage C this policy does not apply to any casualty business crisis arising out of based upon or attributable to PRIOR NOTICE 1. Facts alleged or to the same or related acts alleged or contained in any crisis claim or suit that has been reported or in any circumstances where notice has been given under any policy of which this policy or any underlying insurance is a renewal or replacement or PENDING OR PRIOR CRISIS CLAIM OR SUIT 2. Any pending or prior claim or suit as of the inception date of this policy. SECTION V. DEFINITIONS In this policy words and phrases appearing in bold face type have the definitions shown below. A. The following definitions are applicable to Coverage A Coverage B and Coverage C. 1. Designated insured means a. The persons and organizations specifically described under SECTION V. DEFINITIONS sub paragraphs C.6.a. through C.6.e. below for any insured or b. Any employee authorized by you to give or receive notice of an occurrence claim or suit. U UMB103 C CW 0310 Page 9 of 19 | 1 |
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. Loss means those sums actually paid that the insured is legally obligated to pay as damages for the settiement or satisfaction of a claim because of injury or offense after making proper deductions for all recoveries and salvage. However a. Under Coverage A 1 Loss also includes defense expenses and supplementary payments if underlying insurance includes defense expenses and supplementary payments in the Limits of Insurance and 2 Loss does not include defense expenses and supplementary payments if underlying insurance does not include defense expenses and supplementary payments in the Limits of Insurance. b. Under Coverage B. loss does not include defense expenses and supplementary payments. Other insurance means a policy of insurance providing coverage that this policy also provides. Other insurance includes any type of self insurance or other mechanisms by which an insured arranges for funding of legal liabilities. Other insurance does not include underlying insurance or a policy of insurance specifically purchased to be excess of this policy providing coverage that this policy also provides. Pollutants mean any man made or naturally occurring solid liquid gaseous or thermal irritant or contaminant including but not limited to smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. Suit means a civil proceeding in which injuries or damages to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit pursuant to law or contract or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. Underlying insurance means the policy or policies of insurance listed in the Schedule of Underlying Insurance forming a part of this policy. We will only be liable for amounts in excess of the Limits of Insurance shown in the Schedule of Underlying Insurance for any underlying insurance. The following definitions are applicable to Coverage A only 1. 2. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. Insured means a. You b. Any person or organization included as an insured in underlying insurance and c. Any person or organization qualifying as an additional insured in underlying insurance but only to the same extent that such person or organization is an additional insured under such underlying insurance. Non Admitted Jurisdiction means a. Any country or political subdivision in which we are not licensed or permitted to insure risks and where doing so would violate the insurance laws and regulations of such jurisdiction or b. Any country or political subdivision where we are prevented by law from investigating defending or settling an occurrence or suit. Occurrence means a covered event as defined in underlying insurance. Qualified Entity means any entity person or organization that is not an insured under this policy and would qualify as an insured under this policy but for the fact that the entity is registered domiciled or has ongoing operations in a non admitted jurisdiction. U UMB103 C CW 0310 Page 10 of 19 | 1 |
The following definitions are applicable to Coverage B only 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 purpose of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding websites only that part of a website that is about your goods products or services for the purpose of attracting customers or supporters is considered an advertisement. Auto means a. A land motor vehicle trailer or semi trailer 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 auto does not include mobile equipment. Bodily injury means physical injury sickness or disease including death of a person. Bodily injury to such person also means mental anguish mental injury humiliation or shock if directly resulting from physical injury sickness or disease. Employee includes a leased worker. Employee does not include a temporary worker. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. Itincorporates 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 fulfilling the terms of the contract or agreement. Insured means a. You if you are an organization shown in the Declarations other than a partnership joint venture or limited liability company. Your executive officers and directors are insureds but only with respect to their duties as your executive officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders b. You if you are a partnership or joint venture shown in the Declarations. Your members your partners and their spouses or domestic partners are also insureds but only with respect to the conduct of your business. Youand your spouse or domestic partner if you are an individual shown in the Declarations but only with respect to the conduct of a business of which you are the sole owner d. You if you are a limited liability company shown in the Declarations. 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 e. You if you are a trust shown in the Declarations. Your trustees are also insureds but only with respect to their duties as trustees f. Your employees but only for acts within the scope of their employment by you d. Your volunteer workers but only while performing duties related to the conduct of your business h. Any person or organization while acting as your real estate manager or i. Your legal representative if you die but only with respect to duties as such. U UMB103 C CW 0310 Page 11 of 19 | 1 |
No person or organization is an insured with respect to the conduct of any current past or newly formed partnership limited liability company or joint venture that is not designated within the Declarations of this policy as Named Insured. Insured contract means any written or oral agreement entered into by the insured in the usual course of the business operations of the insured in which the insured assumes the tort liability of another to pay damages because of bodily injury or property damage to a third person or organization where the contract or agreement is made prior to the injury or damage. Liability means a liability that would be imposed by law in the absence of any contract or agreement. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers. e. Vehicles not described in a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers. f. Vehicles not described in a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but are considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on an auto 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 compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. 10. Named insured means a. The persons and organizations designated in Item 1. of the Declarations of this policy b. Any organization other than a partnership joint venture or limited liability company over which you maintain majority interest and to which more specific insurance does not apply other than one which you newly acquire or form or U UMB103 C CW 0310 Page 12 of 19 | 1 |
Any newly acquired or formed organization other than a partnership joint venture or limited liability company over which you maintain majority interest and to which more specific insurance does not apply provided that this policy does not apply to any injury or damage that took place before you acquired or formed the organization. 11. Occurrence means a. b. With respect to bodily injury or property damage liability an accident including continuous or repeated exposure to substantially the same general harmful conditions. With respect to personal and advertising injury a covered offense. All damages that arise from the same act publication or general conditions are considered to arise out of the same occurrence regardless of the frequency or repetition thereof the number or kind of media used or the number of claimants. 12. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. b. 0 T e False arrest detention or imprisonment Malicious prosecution The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor 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 Infringement upon another s copyright trade dress or slogan in your advertisement or Discrimination unless insurance thereof is prohibited by law not arising out of or related to employment practices. Personal and advertising injury also means mental anguish mental injury humiliation or shock if directly resulting from an offense listed in ltems 12.a. through 12.h. above. 13. Products completed operations hazard means all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except a. b. Products that are still in your physical possession or Work that has not yet been completed or abandoned. Your work will be deemed completed at the earliest of the following times 1 When all of the work called for in your contract has been completed 2 When all of the work to be done at the site has been completed if your contract calls for work at more than one site or 3 When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. This hazard does not include bodily injury or property damage arising out of a. b. 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 by any insured or The existence of tools uninstalled equipment or abandoned or unused materials. 14. Property damage means a. b. 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 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. U UMB103 C CW 0310 Page 13 of 19 | 1 |
15. 16. 17. 18. 19. Retained limit means the amount of damages applicable to each occurrence for which the insured is responsible that is shown in Item 5. of the Declarations. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. 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. 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 a. Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and b. The providing or failure to provide warnings or instructions. Your product does not include vending machines or other property rented to or located for use of others but not sold. 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 a. Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and b. The providing of or failure to provide warnings or instructions. D. The following definitions are applicable to Coverage C only 1. Casualty business crisis means an event that in the good faith opinion of your principal in the absence of casualty business crisis services has been or may be associated with a. Damages covered by this policy under Coverage A that are in excess of the applicable limits of underlying insurance or under Coverage B that are in excess of the Retained Limit and b. Significant adverse regional or national media coverage. Casualty business crisis shall include without limitation man made disasters such as explosions major crashes multiple deaths or injuries burns dismemberment traumatic brain injury paraplegia or contamination of food drink or pharmaceuticals. For purposes of Coverage C a casualty business crisis will first commence when your principal first become aware of the occurrence and will conclude at the earliest of the time when the casualty business crisis advisor advises you that the crisis no longer exists or when the Casualty Business Crisis Expense Aggregate Limit has been exhausted. Casualty business crisis advisor means any public relations firm or crisis management firm approved by us that is hired by you to perform casualty business crisis services in connection with a casualty business crisis. U UMB103 C CW 0310 Page 14 of 19 | 1 |
3. 5. Casualty business crisis expense means amounts paid a. To you for the reasonable and necessary 1 Fees and expenses of a casualty business crisis advisor in the performance for you of casualty business crisis services solely for a covered casualty business crisis and 2 Amounts for printing advertising mailing of materials or travel by your directors officers employees or agents or a casualty business crisis advisor solely for a casualty business crisis and b. To others for the following reasonable and necessary expenses resulting from such covered casualty business crisis provided that such expenses have been approved by us 1 Medical expenses 2 Funeral expenses 3 Psychological counseling 4 Travel expenses 5 Temporary living expenses 6 Expenses to secure the scene of a casualty business crisis and 7 Any other expenses pre approved by us. Casualty business crisis services means those services performed by a casualty business crisis advisor in advising you on minimizing potential harm to you from a covered casualty business crisis by maintaining or restoring public confidence in you. Principal means your Chief Executive Officer Chief Operating Officer Chief Financial Officer President General Counsel or general partner if you are a partnership or sole proprietor if you are a proprietorship. SECTION VI. CONDITIONS A. The following Conditions are applicable to Coverage A Coverage B and Coverage C. 1. Appeals In the event you or any underlying insurer elects not to appeal a judgment in excess of the amount of the underlying insurance we may elect to appeal at our expense. If we do so elect we will be liable for the costs and additional interest accruing during this appeal. In no event will this provision increase our liability beyond the applicable Limits of Insurance described in SECTION II. of this policy. Audit of Books and Records We may audit and examine your books and records as they relate to this policy at any time during the period of this policy and for up to three 3 years after the expiration or termination of this policy. Bankruptcy or Insolvency The bankruptcy insolvency or inability to pay of any insured will not relieve us from our obligation to pay damages covered by this policy. In the event of bankruptcy insolvency or refusal or inability to pay of any underlying insurer the insurance afforded by this policy will not replace such underlying insurance but will apply as if all the limits of any underlying insurance are fully available and collectible. Cancellation and Nonrenewal a. Cancellation 1 You may cancel this policy. You must mail or deliver advance written notice to us stating when the cancellation is to take effect. 2 We may cancel this policy. If we cancel because of non payment of premium we will mail or deliver to you not less than ten 10 days advance written notice when the cancellation is to take effect. If we cancel for any other reason we will mail or deliver to you not less than ninety 90 days advance written notice stating the reasons for cancellation as well as the date when the cancellation is to take effect. Mailing notice to you at your mailing address shown in Item 2. of the Declarations will be sufficient to prove notice. U UMB103 C CW 0310 Page 15 of 19 | 1 |
3 The policy period will end on the day and hour stated in the cancellation notice. 4 If this policy is cancelled the final premium will be calculated pro rata based on the time this policy was in force. 5 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. b. 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 thirty 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. Changes Notice to any agent or knowledge possessed by any agent or any other person will not effect a waiver or a change in any part of this policy. This policy can only be changed by a written endorsement that becomes a part of this policy. Currency Settlements will be paid in United States currency or when required in the currency of the country or jurisdiction where the loss or casualty business crisis occurred. When conversion into another currency from United States currency is required to pay any loss or casualty business crisis expense the rate of exchange will be determined on the date of the settlement. The rate of exchange will be the rate we incur in obtaining the foreign currency. First Named Insured The person or organization first named in Item 1. of the Declarations is responsible for the payment of all premiums. The first Named Insured will act on behalf of all other insureds for the giving and receiving of notice of cancellation or any other notice required under this policy or by statute or regulation for the receipt and acceptance of this policy and any endorsements forming a part of this policy and for the receiving of any return premiums that become payable under this policy. Inspection We have the right but are not obligated to inspect the insured s premises and operations at any time. Our inspections are not safety inspections. They relate only to the insurability of the premises and operations and the premium to be charged. We may provide reports on the conditions we find. We may also recommend changes. While these reports may help reduce losses 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. We do not warrant that the premises or operations are safe or healthful or that they comply with laws regulations codes or standards Entities That Are Registered Domiciled or Have Ongoing Operations in Non Admitted Jurisdictions This condition applies solely with respect to entities that are registered domiciled or have ongoing operations in non admitted jurisdictions. With respect to a qualified entity a. Under Coverage A we will reimburse the first Named Insured for loss incurred by a qualified entity that would have been covered this policy but for the fact that the loss was incurred by a qualified entity including 1 Damages covered by this policy in excess of the total applicable limits of underlying insurance and 2 Reasonable defense expenses incurred with our consent. We have no duty to defend any person or organization against any claim or suit brought or proceeding instituted against any qualified entity in a non admitted jurisdiction but we may at our discretion assume control of or participate in any investigation defense settlement or recovery proceedings. b. Coverage under this policy will not apply until the qualified entity or the qualified entity s underlying insurer has paid or is obligated to pay the full amount of the applicable limits of underlying insurance. U UMB103 C CW 0310 Page 16 of 19 | 1 |
10. 1. 12. 13. c. The duties and requirements imposed upon any insured under this policy will not apply to any non admitted jurisdiction. However with respect to any claims made or suits brought in a non admitted jurisdiction it will be the duty of the first Named Insured to do or cause the applicable qualified entity to do such things as would be required of such qualified entity if Coverage A applied directly to such claim or suit including 1 Make such investigation defense or settlement as we deem reasonable 2 Obtain our approval for any payment and 3 Effect approved payments to others in accordance with the terms and conditions of this insurance. d. Under Coverage B this policy does not apply to any liability damage loss cost or expense arising out of any operations or activities of a qualified entity. e. We will promptly pay the first Named Insured at the mailing address listed in ltem 2. of the Declarations the amount of damages covered under the terms of this policy. If the first Named Insured or any qualified entity recovers from any third party all or part of any amount that we have paid pursuant to this insurance the first Named Insured will promptly reimburse the amount of any such recovery to us. Legal Action Against Us There will be no right of action against us under this insurance unless a. You have complied with all the terms of this policy and b. The amount you owe has been determined by settlement with our consent or by actual trial and final judgment. This insurance does not give anyone the right to add us as a party in an action against you to determine your liability. Maintenance of Underlying Insurance During the period of this policy you agree a. To keep the policies listed in the Schedule of Underlying Insurance in full force and effect b. That the Limits of Insurance of the policies listed in the Schedule of Underlying Insurance will be maintained except for any reduction or exhaustion of limits by payment of claims or suits for damages covered by underlying insurance. The policies listed in the Schedule of Underlying Insurance may not be canceled or not renewed by you without notifying us and you agree to notify us in the event an insurance company cancels or declines to renew any policy listed in the Schedule of Underlying Insurance and d. Renewals or replacements of the policies listed in the Schedule of Underlying Insurance will not be materially changed without our agreement. If you fail to comply with these requirements we will only be liable to the same extent that we would have been had you fully complied with these requirements. Miscellaneous Unintentional Errors and Omissions Any unintentional error or omission in the description of or failure to describe completely any premises or operations intended to be covered by this policy shall not invalidate or affect the coverage for those operations or premises. However the insured must report such error or omission to the company as soon as practicable after its discovery. Other Insurance If other insurance applies to damages that are also covered by this policy this policy will apply excess of the other insurance. However this provision will not apply a. If the other insurance is written to be excess of this policy or b. With respect to Coverage A only if the named insured has agreed in a written contract to carry insurance to apply prior to and be non contributory with that of another person or organization s insurance but only as respects damages arising out of insured operations or work on behalf of the named insured performed under such written contract. The limits available to the other person or organization will be the lesser of the policy limits or the minimum limits required by such written contract. In that case other insurance of that person or organization will apply as excess and not contribute prior to the insurance afforded by this policy. U UMB103 C CW 0310 Page 17 of 19 | 1 |
14. 15. 16. 17. 18. 19. 20. Nothing herein will be construed to make this policy subject to the terms conditions and limitations of such other insurance. Premium The premium for this policy as stated in Item 6. of the Declarations is a flat premium. It is not subject to adjustment unless an endorsement is attached to this policy. 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 a. Asif each named insured were the only named insured and b. Separately to each insured against whom claim is made or suit is brought. Terms Conformed to Statute The terms of this policy which are in conflict with the statutes laws ordinances or regulations in any country jurisdiction state or province where this policy is issued are amended to conform to such statutes laws ordinances or regulations. If we are prevented by law or statute from paying on behalf of the insured then we will where permitted by law or statute indemnify the insured. Transfer of Rights of Recovery Against Others to Us a. If the insured has rights to recover all or part of any payment we have made under this insurance those rights are transferred to us. The insured must do nothing after the loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. However if any insured is required by a written contract or agreement which is executed before a loss to waive their rights of recovery from others we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations for which the insured has not waived their rights of recovery by contract. b. Any amount recovered will be apportioned in the inverse order of payment of loss to the extent of actual payment. The expenses of all such recovery proceedings will be apportioned in the ratio of respective recoveries. Transfer of Your Rights and Duties Your rights and duties under this insurance may not be transferred without our written consent. If you die then your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. 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. When Loss is Payable Coverage under this policy will not apply until the insured or the insured s underlying insurer has paid or is legally obligated to pay the full amount of the Underlying Limits of Insurance or Retained Limit. When the amount of loss is determined by an agreed settlement or on a final judgment against an insured obtained after an actual trial we will promptly pay on behalf of the insured the amount of loss covered under the terms of this policy. The first Named Insured will promptly reimburse us for any amount within the Retained Limit paid by us. Violation of Economic or Trade Sanctions If coverage for a claim or suit under this policy is in violation of any economic or trade sanctions of the United States of America then coverage for that claim or suit will be and void. The following Condition is applicable to Coverage A and Coverage B 1. Notice of Occurrence Claim or Suit a. You must see to it that we are notified as soon as practicable of an occurrence which may result in damages covered by this policy. To the extent possible notice will include 1 How when and where the occurrence took place U UMB103 C CW 0310 Page 18 of 19 | 1 |
2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence. b. Knowledge of an occurrence by the agent servant or employee of yours shall not in itself constitute knowledge by the insured unless you or any employee authorized by you to give or receive notice of an occurrence claim or suit shall have received such notice from the agent servants or employee. c. If aclaim or suit against any Insured is reasonably likely to involve this policy you must notify us in writing as soon as practicable. d. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation settlement or defense of the claim or suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. e. The insureds will not except at their own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. f. Your failure to give notice of an occurrence to us shall not invalidate coverage under this policy if the occurrence was inadvertently reported to another Insurer. However you shall report any such occurrence to us as soon as practicable once you become aware of such error. C. The following Conditions are applicable to Coverage C 1. Notice of a Casualty Business Crisis You must see to it that we are notified of a casualty business crisis as soon as practicable after it first commences. Such notice shall include a description of the casualty business crisis and the reason it is likely to involve damages covered by this policy in excess of the applicable limits of underlying insurance under Coverage A or Retained Limit under Coverage B and significant adverse regional or national media coverage. We will not be liable for casualty business crisis expense incurred prior to or more than one hundred eighty 180 days after the date notice of such casualty business crisis is first given to us. Notice to us shall be given to Zurich Claim Reporting Care Center P.O. Box 49547 Colorado Springs CO 80949 Phone 1 800 987 3373 Fax 1 877 962 2567 E Mail USZ Care CenterZurichna.com. Arbitration If you and we disagree as to whether a casualty business crisis has occurred both parties may by mutual consent agree in writing to arbitration of the disagreement and the right to any reimbursement for casualty business crisis expense. In this event each party will select an arbitrator. The two arbitrators will select a third. If they can not agree within 30 days both parties must request that selection be made by a judge of a court having jurisdiction. Each party will a. Pay the expenses it incurs and b. Bear the expenses of the third arbitrator equally. Unless both parties agree otherwise arbitration will take place in the state county or parish in which the address shown in the Declarations is located. Local rules of law as to procedure and evidence will apply. U UMB103 C CW 0310 Page 19 of 19 | 1 |
Endorsement 01 Z ZURICH Certified Act of Terrorism Retained Amount Provisions Coverage B Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Addl Prem. Return Prem. AUC 0179037 05 06152020 06152021 06152020 28832000 Named Insured and Mailing Address Producer MAX MANDELL MUNICIPAL GOLF COURSE 27700 FM 1472 LAREDO TX 78045 5022 LOCKTON COMPANIES LLC 1015 N 98TH ST STE 101 OMAHA NE 68114 2357 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CERTIFIED ACT OF TERRORISM RETAINED AMOUNT SCHEDULE Each Occurrence Retained Amount 1000000 Products Completed Operations Aggregate Retained Amount 2000000 Other Aggregate Retained Amount 2000000 Certified Act of Terrorism Retained Amount Provisions Coverage B The following additional provisions apply under Coverage B of this policy as respects any liability damage loss cost or expense arising directly or indirectly out of a certified act of terrorism including any action taken in hindering or defending against an actual or expected certified act of terrorism regardless of any other cause or event that contributes concurrently or in any sequence to the injury or damage A. The Retained Amounts shown in the Schedule above apply in place of the Coverage B retained limit specified in Item 5. of the Declarations or any amount payable by other insurance whichever is greater and are the only retained amount provisions applying to any loss claim or suit from a certified act of terrorism. These provisions do not apply to any other loss claim or suit not involving a certified act of terrorism that would still be subject to the applicable Coverage B retained limit amount. The specific retained amounts applying to certified acts of terrorism are as follows 1. The Each Occurrence Retained Amount shown in the Schedule above is the total retained amount of damages for which the insured is responsible applicable to each occurrence. 2. The Products Completed Operations Aggregate Retained Amount shown in the Schedule above is the total retained amount of damages for which the insured is responsible applicable to all occurrences included within the products completed operations hazard. 3. The Other Aggregate Retained Amount shown in the Schedule above is the total retained amount of damages for which the insured is responsible applicable to all occurrences except for occurrences included within the products completed operations hazard. B. The following changes apply to SECTION Ill. DEFENSE AND SUPPLEMENTARY PAYMENTS as respects Coverage B only as respects to a loss claim or suit to which this endorsement applies 1. We have the right and duty to assume control of the investigation and settlement of any claim or defense of any suit against the insured for damages covered by this policy under Coverage B when the applicable retained amount has been exhausted by payment of claims. Copyright 2015 Zurich American Insurance Company Includes copyrighted material of Insurance Services Office Inc. with its permission. U UMB406 D CW 0115 Page 1 of 2 | 2 |
2. In those circumstances where paragraph B.1. of this endorsement applies in addition to the applicable Limits of Insurance we will pay our expenses and the following to the extent that they are not included in underlying insurance or other insurance a. Up to 2000 for the cost of bail bonds. We do not have to furnish these bonds b. The cost of bonds to release attachments but only for bond amounts within the amount of insurance available. We do not have to furnish these bonds c. Reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings because of time off work Costs taxed against the insured in the suit Pre judgment interest awarded against the insured on that part of the judgment we pay. However if we make an offer to pay the applicable Limit of Insurance we will not pay any pre judgment interest on that period of time after the offer and f. Allinterest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court that part of the judgment that is within the applicable Limits of Insurance. In those circumstances where paragraph B.1. of this endorsement does not apply we do not have the duty to assume control of the investigation and settlement of any claim or defense of any suit against the insured. We do however have the right to participate in the investigation and settlement of any claim or defense of any suit that we feel may create liability on our part under the terms of this policy. If we exercise this right we will do so at our expense. We will not investigate and settle any claim or defend any suit after we have exhausted the applicable Limit of Insurance as stated in Item 4. of the Declarations. If we are prevented by law from carrying out the provisions of paragraph B.1. of this endorsement we will pay any expense incurred with our consent. C. The following provision is added to SECTION VI. CONDITIONS Paragraph A.10. Notice of Occurrence Claim or E. Suit You must notify us immediately in writing of any claim or suit which seeks damages in an amount which is fifty 50 percent or more of the amount of the Each Occurrence Retained Amount stated in the Schedule of this endorsement. As used in this endorsement certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act TRIA to be an act of terrorism. TRIA provides that the Secretary of Treasury shall certify an act of terrorism 1. 2. 3. 4. To be an act of terrorism To be a violent act or an act that is dangerous to human life property or infrastructure To have resulted in damage within the United States or outside of the United States in the case of an air carrier as defined in section 40102 of Title 49 United States Code or a United States flag vessel or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States or the premises of a United States mission and To have been 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. No act may be certified as an act of terrorism if the act is committed as part of the course of a war declared by Congress except for workers compensation or if losses resulting from the act in the aggregate for insurance subject to TRIA do not exceed 5000000. As used in this endorsement retained amount means the amount of damages for which the insured is responsible as shown in the Schedule of this endorsement. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. Copyright 2015 Zurich American Insurance Company Includes copyrighted material of Insurance Services Office Inc. with its permission. U UMB406 D CW 0115 Page 2 of 2 | 2 |
Endorsement 02 T ot Z Schedule of Named Insureds ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Addl Prem. Return Prem. AUC 0179037 05 06152020 06152021 06152020 28832000 Named Insured and Mailing Address Producer MAX MANDELL MUNICIPAL GOLF COURSE 27700 FM 1472 LAREDO TX 78045 5022 LOCKTON COMPANIES LLC 1015 N 98TH ST STE 101 OMAHA NE 68114 2357 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Landscapes Management Company LLC U GU621 A CW 1002 Page 1 of 1 | 2 |
Endorsement 03 ZURICH Care Custody Or Control Exclusion Eff. Date of End. Producer Add Prem. Policy No. Eff. Date of Pol. Exp. Date of Pol. Return Prem. AUC 0179037 05 06152020 06152021 06152020 28832000 Named Insured and Mailing Address Producer MAX MANDELL MUNICIPAL GOLF COURSE 27700 FM 1472 LAREDO TX 78045 5022 LOCKTON COMPANIES LLC 1015 N 98TH ST STE 101 OMAHA NE 68114 2357 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Under Coverage A this policy does not apply to property damage to Real and Personal Property of others in the care custody or control of the insured. If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. U UMB129 B CW 0703 Page 1 of 1 | 2 |
Endorsement 04 ZURICH Employers Liability Exclusion Eff. Date of End. Producer Add Prem. Policy No. Eff. Date of Pol. Exp. Date of Pol. Return Prem. AUC 0179037 05 06152020 06152021 06152020 28832000 Named Insured and Mailing Address Producer MAX MANDELL MUNICIPAL GOLF COURSE 27700 FM 1472 LAREDO TX 78045 5022 LOCKTON COMPANIES LLC 1015 N 98TH ST STE 101 OMAHA NE 68114 2357 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Under Coverage A this policy does not apply to any liability damage loss cost or expense arising out of injury to 1. Any 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 domestic partner child parent brother or sister of that employee as a consequence of paragraph 1. above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone who must pay damages because of such injury. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. U UMB168 B CW 0310 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
ZURICH Fungus or Bacteria Exclusion THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. AUC 0179037 05 Effective Date 06152020 This endorsement modifies insurance provided under the Commercial Umbrella Liability Policy Under Coverage A and Coverage B this policy does not apply to any liability damage loss cost or expense A. Caused directly or indirectly by the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or presence of any 1. Fungi or bacteria or 2. Substance vapor or gas produced by or arising out of any fungi or bacteria. B. Arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. Definitions As used in this endorsement 1. 3. Bacteria means any type or form of bacteria and any materials or substances that are produced or released by bacteria. Fungi means any type or form of fungus including mold or mildew and any mycotoxins spores scents or by products produced or released by fungi. Spores means reproductive bodies produced by or arising out of fungi. This exclusion applies to all diseases contracted by contact with fungi or bacteria in water water vapor or water droplets including but not limited to Legionnaire s Disease. This exclusion does not apply to any bodily injury or property damage caused by any fungi or bacteria that are are on or are contained in any other edible good or edible product intended for human or animal consumption. All other terms conditions provisions and exclusions of this policy remain the same. Includes copyrighted material of Insurance Services Office Inc. with its permission. U UMB385 C CW 0719 Page 1 of 1 | 2 |
Endorsement 05 ZURICH Liquor Liability Endorsement Occurrence Eff. Date of End. Producer Addl Prem. Policy No. Eff. Date of Pol. Exp. Date of Pol. Return Prem. AUC 0179037 05 06152020 06152021 06152020 28832000 Named Insured and Mailing Address Producer MAX MANDELL MUNICIPAL GOLF COURSE 27700 FM 1472 LAREDO TX 78045 5022 LOCKTON COMPANIES LLC 1015 N 98TH ST STE 101 OMAHA NE 68114 2357 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. A. The Schedule of Underlying Insurance is amended to include the policy for Commercial Umbrella Liability Policy listed below Company Zurich American Insurance Company Policy Number CPO0179034 05 Policy Period From 06152020 To 06152021 Limits of Insurance 5000000 Each Occurrence 5000000 Aggregate B. With respect to claims for Commercial Umbrella Liability Policy the Limits of Insurance are as follows 5000000 Each Occurrence 5000000 Aggregate This limit is part of and not in addition to the limits shown on the Declarations. C. lItis agreed that the underlying aggregate limits of liability as stated above shall be unimpaired at the effective date of this policy and for the purpose of the insurance provided by this policy only an incident giving rise to an injury occurring during the policy period in the coverage territory shall be considered in determining the extent of any exhaustion of the underlying aggregate limits. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. U UMB708 A 0810 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Endorsement 06 Z ZURICH Access Or Disclosure Of Confidential Or Personal Information Following Form Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Addl. Prem. Return Prem. AUC 0179037 05 06152020 06152021 06152020 28832000 Named Insured and Mailing Address MAX MANDELL MUNICIPAL GOLF COURSE 27700 FM 1472 LAREDO TX 78045 5022 Producer LOCKTON COMPANIES LLC 1015 N 98TH ST STE 101 OMAHA NE 68114 2357 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. A. Paragraph A. 4. of SECTION IV. EXCLUSIONS is deleted B. The following is added to Paragraph C. of SECTION IV. EXCLUSIONS Under Coverage B this policy does not apply to any liability damage loss cost or expense ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION Avrising out of a. Any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information or b. The loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of that which is described in Paragraph 1. or 2. above. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. U UMB922 A CW 0115 Page 10f 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Endorsement 07 Z ZURICH Sanctions Exclusion Endorsement Policyholder MAX MANDELL MUNICIPAL GOLF COURSE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. The following exclusion is added to the policy to which it is attached and supersedes any existing sanctions language in the policy whether included in an Exclusion Section or otherwise SANCTIONS EXCLUSION Notwithstanding any other terms under this policy we shall not provide coverage nor will we make any payments or provide any service or benefit to any insured beneficiary or third party who may have any rights under this policy to the extent that such cover payment service benefit or any business or activity of the insured would violate any applicable trade or economic sanctions law or regulation. The term policy may be comprised of common policy terms and conditions the declarations notices schedule coverage parts insuring agreement application enroliment form and endorsements or riders if any for each coverage provided. Policy may also be referred to as contract or agreement. We may be referred to as insurer underwriter we us and our or as otherwise defined in the policy and shall mean the company providing the coverage. Insured may be referred to as policyholder named insured covered person additional insured or claimant or as otherwise defined in the policy and shall mean the party person or entity having defined rights under the policy. These definitions may be found in various parts of the policy and any applicable riders or endorsements. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED U GU1191 A CW 0315 Page 10f 1 | 2 |
Endorsement 08 ZURICH Texas Changes Eff. Date of End. Producer Add Prem. Policy No. Eff. Date of Pol. Exp. Date of Pol. Return Prem. AUC 0179037 05 06152020 06152021 06152020 28832000 JEE JEE Named Insured Mailing Address Producer MAX MANDELL MUNICIPAL GOLF COURSE 27700 FM 1472 LAREDO TX 78045 5022 LOCKTON COMPANIES LLC 1015 N 98TH ST STE 101 OMAHA NE 68114 2357 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. A. SECTION IV. EXCLUSIONS A. 5. NUCLEAR the title of the exclusion is amended to read NUCLEAR ENERGY LIABILITY EXCLUSION Broad Form. B. SECTION VI. CONDITIONS A. 4. Cancellation and Nonrenewal a. Cancellation paragraph 2 is deleted and replaced with the following 2 We may cancel this policy. If we cancel because of non payment of premium we will mail or deliver to you not less than ten 10 days advance written notice when the cancellation is to take effect. If we cancel for any other reason we will mail or deliver to you not less than ninety 90 days advance written notice stating the reason for the cancellation and when the cancellation is to take effect. Mailing notice to you at the address shown on the policy will be sufficient to prove notice. Notice to you is deemed to be notice to all insureds. a If this policy has been in effect for less than sixty 60 days and it is not a renewal of a policy we issued we may cancel this policy for any reason except under Texas law we may not cancel this policy solely because the insured is an elected official. b If this policy has been in effect for sixty 60 days or more or if this policy is a renewal of a policy we issued we may cancel this policy for one or more of the following reasons Fraud in obtaining coverage Failure to pay premiums when due. Anincrease in hazard within the control of the insured which would produce an increase in rate iv. Loss of our reinsurance covering all or part of the risk covered by the policy or V. If we have been placed in supervision conservatorship or receivership and the cancellation is approved or directed by the supervisor conservator or receiver. C. SECTION VI. CONDITIONS A. 4. Cancellation and Nonrenewal b. Nonrenewal is deleted and replaced with the following b. Nonrenewal 1 If we decide not to renew this policy we will mail or deliver to you written notice of the nonrenewal not less than sixty 60 days before the expiration date of this policy. Mailing notice to you at the address shown on the policy will be sufficient to prove notice. Notice to you is deemed to be notice to all insureds. 2 It notics is mailed or delivered less than sixty 60 days before expiration this policy will remain in effect until the 61 day after the date on which the notice is mailed or delivered. Earned premium for any period of coverage that extends beyond the expiration date will be computed pro rata based on the previous year s premium. Includes copyrighted material of Insurance Services Office Inc. with its permission. U UMB324 B TX 1210 Page 10f 2 | 2 |
3 The transfer of this policy to an admitted company within our insurance group shall not be considered a refusal to renew. D. The following shall be added to the end of SECTION V1. CONDITIONS A. 4. Cancellation and Nonrenewal c. We may not cancel or refuse to renew this policy based solely on the fact that the Named Insured is an elected official. E. SECTION VI. CONDITIONS B. is amended to include the following 2. Notice of Settlement of Claim a. We will notify you in writing of any initial offer to compromise or settle a claim against your policy. We will give you notice within ten 10 days after the date the offer is made. b. We will notify you in writing of any settlement of a claim against your policy. We will give you notice within thirty 30 days after the date of settlement. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. Includes copyrighted material of Insurance Services Office Inc. with its permission. U UMB324 B TX 1210 Page 2 of 2 | 2 |
ZURICH Texas Policyholder Notice Asbestos Exclusion NOTICE TO TEXAS POLICYHOLDER This notice is to advise you that this Commercial Umbrella Liability Policy includes an exclusion for any liability damage loss cost or expense arising out of asbestos. U UMB328 A TX 0799 Page 1 of 1 | 2 |
Endorsement 09 Z ZURICH Exclusion Recording And Distribution Of Material Or Information In Violation Of Law Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Addl Prem. Return Prem. AUC 0179037 05 06152020 06152021 06152020 28832000 Named Insured and Mailing Address Producer MAX MANDELL MUNICIPAL GOLF COURSE 27700 FM 1472 LAREDO TX 78045 5022 LOCKTON COMPANIES LLC 1015 N 98TH ST STE 101 OMAHA NE 68114 2357 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial Umbrella Liability Policy Under Section IV. Exclusions paragraph A. 6. Violation Of Statutes is replaced by the following RECORDING AND DISTRIBUTION OF MATERIAL OR INFORMATION IN VIOLATION OF LAW 6. Directly or indirectly arising out of or based upon any action or omission that violates or is alleged to violate a. The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law b. The CAN SPAM Act of 2003 including any amendment of or addition to such law c. The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or d. Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions or any other legal liability at common law or otherwise that addresses prohibits or limits the printing dissemination disposal monitoring collecting recording use of sending transmitting communicating or distribution of material or information. All other terms conditions provisions and exclusions of this policy remain the same. U UMB525 F CW 0114 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Endorsement 10 ZURICH Umbrella Amendatory Endorsement ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Addl Prem. Return Prem. AUC 0179037 05 06152020 06152021 06152020 28832000 Named Insured and Mailing Address Producer MAX MANDELL MUNICIPAL GOLF COURSE 27700 FM 1472 LAREDO TX 78045 5022 LOCKTON COMPANIES LLC 1015 N 98TH ST STE 101 OMAHA NE 68114 2357 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial Umbrella Liability Policy A. Under SECTION IV. EXCLUSIONS Paragraph C.5. Personal and Advertising Injury Subparagraphs b. and c. are replaced by the following b. Arising out of oral or written publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity c. Arising out of oral or written publication in any manner of material whose first publication took place before the beginning of the policy period B. Under SECTION V. DEFINITIONS Paragraph C.2. Auto Subparagraph b. is replaced by the following b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged C. Under SECTION V. DEFINITIONS Paragraph C.9. Mobile equipment the last Paragraph under the definition of Mobile equipment is replaced by the following 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 where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. All other terms conditions provisions and exclusions of this policy remain the same. U UMB906 A CW 0114 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Endorsement 11 Z ZURICH Cap On Losses From Certified Acts Of Terrorism Insured s Name Policy Number Effective Date Endorsement Number MAX MANDELL MUNICIPAL GOLF COURSE AUC 0179037 05 06152020 1 THIS ENDORSEMENT CHANGES YOUR POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies your insurance. Commercial Umbrella Liability Policy A. Cap on Losses From Certified Terrorism Losses Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with provisions of the federal Terrorism Risk Insurance Act TRIA to be an act of terrorism. The Terrorism Risk Insurance Act provides that the Secretary of Treasury shall certify an act of terrorism 1. To be an act of terrorism 2. To be a violent act or an act that is dangerous to human life property or infrastructure 3. To have resulted in damage within the United States or outside of the United States in the case of an air carrier as defined in section 40102 of Title 49 United States Code or a United States flag vessel or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States or the premises of a United States mission and 4. To have been 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. No act may be certified as an act of terrorism if the act is committed as part of the course of a war declared by Congress except for workers compensation or if losses resulting from the act in the aggregate for insurance subject to TRIA do not exceed 5000000. If aggregate insured losses attributable to one or more certified acts of terrorism exceed 100 billion in a calendar year January 1 through December 31 and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of Treasury. B. Application of Other Exclusions The terms and limitations of a terrorism exclusion or any other exclusion or the inapplicability or omission of a terrorism exclusion or any other exclusion do not serve to create coverage which would otherwise be excluded limited or restricted under this policy. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. Copyright 2015 Zurich American Insurance Company Includes copyrighted material of Insurance Services Office Inc. with its permission. U GU767 B CW 0115 Page 1 of 1 | 2 |
nan nan nan nan 9.8201400013e16 Libenty Mutual Group Boston COMMERCIAL LIABILITY UMBRELLA DECLARATIONS Policy Number TH7 Z91 460730 044 Renewal of TH7 291 460730 043 Producer LOCKTON COMPANIES LLC KANSAS CITY SERIES 444 W 47TH ST STE 900 KANSAS CITY MO 64112 Item 1. Named Insured and Mailing Address DaVinci Roofscapes LLC 1413 Osage Avenue Kansas City KS 66105 The Named Insured is Limited Liability Company Business of the Named Insured is Plastics products nec ttem 2. Policy Period 3312014 to 3312015 at 1201 AM. standard time at above mailing address. item 3. In return for the payment of the premium and subject to all the terms of this policy we agree with you to provide the insurance as stated in this policy. LIMITS OF INSURANCE Each Occurrence Limit 5000000 General Aggregate Limit 5000000 Products Completed Operations Aggregate Limit 5000000 Item 4. Self Insured Retention Each Occurrence 10000 Item 5. Premium Premium Basis Audit Basis Estimated Exposure Rate Advance Premium 0 Flat Charge 9827 Terrorism Risk Insurance Act Total Advance Premium 0 9827 9827 Minimum Premium Issued by Liberty Insurance Corporation 175 Berkeley St. Boston MA 02117 617 357 9500 Issued Code Number Account Number Sub Account Number BAM 03282014 99935 9 460730 0001 LCuU 00021110 2010 Liberty Mutual Group of Companies. All rights reserved. Page 10f 2 | 2 |
nan nan nan nan 9.8201400013e16 Item 6. Underlying insurance ICoverage Insurer Policy Period Policy Number Limits of Insurance To Be Furnished rEmpIcyers Liabifity New Hampshire ins Co 712013 to 712014 2000000 By Accident Each Accident 82000000 By Disease Policy Limit 182000000 By Disease Each Employee Company Auto Liability HNO Liberty Mutual Fire Insurance 3312014 to 3312015 IAS2 791 460730 024 1000000 CSL iICompany General Liability Liberty Mutual Fire insurance 3312014 to 3312015 ITB2 291 460730 014 1000000 Each Occurrence 2000000 General Aggregate 2000000 Products Completed Ops IAggregate 1000000 Pers Adv Injury Limit Foreign General Liability Liberty Insurance Corporation 3312014 to 3312015 KU7 F91 460730 034 1000000 BI PD Per Occurrence 2000000 General Aggregate 182000000 Products Completed Ops IAggregate 11000000 Pers Adv Injury Limit Foreign Auto Liability Liberty insurance Corporation 3312014 to 3312015 KU7 F91 460730 034 1000000 CSL IEcprelgn Employers Liberty Insurance Corporation Liability 13312014 to 3312015 KU7 F91 460730 034 I500K500K500 K Each Accident Policy Limit Each Employee These Declarations and any Declarations Extension Schedules together with the Coverage Form and any Endorsements complete this policy. Forms and Endorsements attached to this policy See Attached Schedule Countersigned by Do D. Gt Authorized Company Representative LCU 00021110 2010 Liberty Mutual Group of Companies. All rights reserved. Page 2 of 2 | 2 |
nan nan nan nan 9.8201400013e16 SCHEDULE OF FORMS AND ENDORSEMENTS Form Name Endorsement Number Form Number LCU 000211 10 LCU 9905 1110 LCU 21181110 LCU 2147 1110 LCU 240911 10 LCU 25091110 LCU 04110112 LCU20011013 LCU21731013 LCU 21741013 LCU 21781013 LCU 21790114 LCU 9907 0114 LCU 32111110 LCU 0404 11 10 LC 216408 07 LCU 215011 10 LCU 0408 11 10 LCU 0409 11 10 LC 24 07 08 07 CU 2156 06 06 CU 21621206 CU 21631206 Commercial Liability Umbrella Declarations Declarations Extension Named Insured Silica Exclusion Damage First Occurring Prior to Policy Period Exclusion Foreign Liability Limitation Non Cumulation of Liability Same Occurrence Crisis Management Coverage Additional Insured Limitation Personal And Advertising Injury Exclusion Amendment Liquor Liability Exclusion Amendment Asbestos Exclusion Unlawful Discrimination Exclusion Newly Acquired or Formed Organization Amendment Kansas Changes Representations or Fraud Employee Benefits Liability Coverage Limitation Land or Earth Movement Exclusion Residential Construction Operations Exclusion Professional Health Care Services By Employees Coverage Bodily Injury to Co Employee Coverage Waiver Of Subrogation Auto Exclusion of Terrorism Coverage Oklahoma Auto Exclusion of Terrorism Coverage Underlying Auto Coverage Excludes Terrorism Above Minimum Statutory Limits Washington Auto Exclusion of Terrorism Coverage CU 21631206 nan nan nan nan 22.0 For attachment to TH7 Z91 460730 044 Pagelof2 | 2 |
nan nan nan nan 9.8201400013e16 Alaska Certified Acts of Terrorism Exclusion Exclusion of Certified Acts of Terrorism Alaska Conditional Exclusion of Terrorism Relating to Disposition of Federal Terrorism Risk Insurance Act Conditional Exclusion of Terrorism Relating to Disposition of Federal Terrorism Risk Insurance Act Washington Conditional Exclusion Of Terrorism Relating To Disposition Of Federal Terrorism Risk Insurance Act Commercial Liability Umbrella Coverage Form Important Notice Regarding The Expiration Of The Terrorism Risk Insurance Act And The Reduction In Coverage For Terrorism Losses Policy Holder Disclosure TRIA Participating Provision nan nan nan nan 23.0 nan nan nan 24.0 nan nan nan 25.0 CU 01620108 CuU 21330108 CuU 01820107 nan nan nan nan 26.0 CU 21440107 nan nan nan nan 27.0 CU 01860107 LCU 0001 11 10 CNI9007 0114 SNI9002 1110 LIL 90 05 06 13 For attachment to TH7 Z91 460730 044 Page 20of 2 | 2 |
nan nan nan nan 9.8201400013e16 Policy Number TH7 291 460730 044 Endorsement 1 Issued by LIBERTY INSURANCE CORPORATION End. Eff. Date THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Endorsement 1 End. Eff. Date DECLARATIONS EXTENSION NAMED INSURED This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Extension of Item 1. Named Insured of the Declarations First Named Insured DaVinci Roofscapes LLC Additional Named Insureds DaVinci Investments LLC 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. LCU 99051110 Page 10of 1 | 2 |
nan nan nan nan 9.8201400013e16 Policy Number TH7 Z91 460730 044 Endorsement 2 Issued by LIBERTY INSURANCE CORPORATION End. Eff. Date THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Endorsement 2 End. Eff. Date SILICA EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES 2. Exclusions This insurance does not apply to Silica Any liability damages loss injury demand claim or suit any part of which is caused by or allegedly caused by silica in any form or any substance containing silica either alone or in combination with other substances or factors whether included in a product or otherwise. LCU 21181110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
nan nan nan nan 9.8201400013e16 Endorsement 3 End. Eff. Date Policy Number TH7 291 460730 044 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DAMAGE FIRST OCCURRING PRIOR TO POLICY PERIOD EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES 2. Exclusions This insurance does not apply to Damage First Occurring Prior to Policy Period This insurance does not apply to bodily injury or property damage within the products completed operations hazard if the injury or damage first occurred prior to the effective date of this policy. 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 LCU 21 47 11 10 | 2 |
nan nan nan nan 9.820140001300002e16 Endorsement 4 End. Eff. Date Policy Number TH7 Z91 460730 044 Endorsement 4 Issued by LIBERTY INSURANCE CORPORATION End. Eff. Date THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FOREIGN LIABILITY LIMITATION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. Paragraph 1.c.2 of SECTION COVERAGES is deleted. B. The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES 2. Exclusions This insurance does not apply to Foreign Liability Bodily injury property damage or personal and advertising injury caused by an occurrence that takes place outside of the United States of America including its territories and possessions Puerto Rico and Canada. This exclusion does not apply if the bodily injury property damage or personal and advertising injury is covered by underlying insurance. Coverage provided will follow the terms definitions conditions and exclusions of underlying insurance subject to the policy period limits of insurance premium and all other terms definitions conditions and exclusions of this policy except that the coverage provided will be no broader than the coverage provided by underlying insurance. However if coverage for a claim or suit under this policy would violate any economic or trade sanctions of the United States of America including but not limited to sanctions administered and enforced by the United States Treasury Department s Office of Foreign Assets Control OFAC then coverage for that claim or suit will be and void. 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. LCU 24091110 Page 1 of 1 | 2 |
nan nan nan nan 9.820140001300002e16 Endorsement 5 End. Eff. Date Policy Number TH7 Z91 460730 044 Endorsement 5 Issued by LIBERTY INSURANCE CORPORATION End. Eff. Date THE ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NON CUMULATION OF LIABILITY SAME OCCURRENCE This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. The following is added to Paragraph 4. of SECTION Ill LIMITS OF INSURANCE If one occurrence causes bodily injury andor property damage during the policy period and during the policy period of one or more prior andor future umbrelta or excess liability policyies issued to you by us then this policy s Each Occurrence Limit will be reduced by the amount of each payment made by us under the other policyies because of such occurrence. This paragraph will not apply to insurance specifically written as excess over this policy. If one occurrence causes personal and advertising injury to which this policy applies and to which one or more prior andor future umbrella or excess liability policyies issued to you by us also applies then this policy s Each Occurrence Limit will be reduced by the amount of each payment made by us under the other policyies because of such occurrence. This paragraph will not apply to insurance specifically written as excess over this policy. B. Paragraph 5. of SECTION ill LIMITS OF INSURANCE is replaced by the following The aggregate Limits of Insurance of this policy apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the aggregate Limits of Insurance. However the Each Occurrence Limit is the most we will pay for damages because of all bodily injury property damage and personal and advertising injury arising out of any one occurrence regardiess of the length of the policy period. Page 10f 1 LCU 2509 11 10 2010 Liberty Mutua Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
nan nan nan nan 9.820140001300002e16 Endorsement 6 End. Eff. Date Policy Number TH7 291 460730 044 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CRISIS MANAGEMENT COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART SCHEDULE Crisis Management Expense Aggregate Limit 50000. Liberty Mutual Preferred Public Relations Vendor Weber Shandwick Liberty Mutuaf Claims 1 800 362 0000 A. The following is added to SECTION COVERAGES COVERAGE CRISIS MANAGEMENT 1. Insuring Agreement We will pay those sums necessary to reimburse you or pay on your behalf crisis management expenses arising from an insured crisis event to which this insurance applies. But a. This insurance applies only if 1 The insured crisis event commences during the policy period 2 The insured crisis event did not arise out of any fact circumstance pre existing condition or situation that you prior to the inception date of this policy knew or reasonably should have known could lead to cause or result in a crisis management event You notify us by telephone at the number listed for Liberty Mutual Claims as shown in the Schedule above within 72 hours of the insured crisis event 3 4 The crisis management expenses are first incurred within 15 days after the insured crisis event commences 5 The crisis management expenses are not incurred more than 90 days after the commencement of the insured crisis event and 6 A claim for reimbursement of crisis management expenses is submitted within 90 days after incurring such crisis management expenses. LCU 04110112 2012 Liberty Mutual Group of Companies. All rights Page 1 of 5 reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 5 | 2 |
nan nan nan nan 9.820140001300002e16 b. We will have no duty under this Crisis Management Coverage to defend the insured against any suit seeking damages. c. Payment of any crisis management expenses under the Crisis Management Coverage endorsement is in addition to and will not reduce any other Limits of Insurance under this policy and will not be determinative of our obligations under this policy with respect to any claim or suit including any duty to defend or indemnify any insured for such claim or suit. d. The amount we will pay is limited as described in Paragraph B. of the Crisis Management Coverage endorsement. 2. Exclusions This coverage does not apply to a. Newly Acquired or Formed Organizations Crisis management expenses incurred by any organization you newly acquire control or form if the crisis management event which led to such crisis management expenses commenced before you acquired controlled or formed such organization. b. Infectious Diseases or llinesses Crisis management expenses arising out of any infectious diseases or illnesses caused by any bacterium virus or fungus. However this exclusion does not apply to crisis management expenses arising out of food borne illnesses. c. Intentional Acts by You Intentional acts by you or your employees provided that such acts were performed with the knowledge that it would directly lead to an insured crisis event. B. SECTION Il LIMITS OF INSURANCE The Crisis Management Expense Aggregate Limit shown in the Schedule of the Crisis Management Coverage endorsement is the most we will pay for the sum of all crisis management expense to which this endorsement applies regardless of the number of. Insureds 2. Insured crisis events 3. Persons or organizations making claims or bringing suits. C. The following is added to SECTION V DEFINITIONS 1. Insured crisis event means an occurrence resulting from a man made emergency situation including but not limited to a. Intentional acts except those committed by you or your employees such as arson a bombing the taking of hostages a mass shooting or terrorism if coverage under the Terrorism Risk Insurance Act is elected under the policy LCU 04110112 2012 Liberty Mutual Group of Companies. All rights Page 2 of 5 reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 2 of 5 | 2 |
nan nan nan nan 9.820140001300002e16 b. A building structure or equipment collapse not caused by an act of nature c. d. e. An automobile watercraft or aircraft accident Spread of food borne ilinesses or An explosion that a key executive reasonably believed in good faith has resulted or may result in Damages in excess of the retained limit because of bodily injury or property damage to which this insurance applies and b. Significant adverse regional or national media coverage about you. Crisis management expenses Means the following reasonable and necessary fees and expenses following an W 2 3 4 5 insured crisis event Expenses incurred directly by our Liberty Mutual Preferred Public Relations Vendor shown in the Schedule for the purpose of maintaining and restoring public confidence in you. Expenses incurred by your own public relations vendor that you currently hold on retainer for providing public relations and media management services but only for those expenses required for the purpose of maintaining and restoring public confidence in you. Expenses incurred directly by your operations for the purpose of maintaining and restoring public confidence in you. These expenses may include printing advertising or mailing of materials to manage reputational risk. Costs of overtime paid to your regular non salaried employees and costs incurred by your employees including costs of transportation and accommodations for the purpose of providing public relations and media services. Expenses you advance to third parties directly harmed by the insured crisis event. These expenses may include funeral psychological or grief counseling temporary living and travel expenses. Does not include 1 2 3 Any damages imposed upon any insured including but not limited to any fine sanction penalty or punitive or exemplary damages plus any equitable injunctive or other non monetary relief. Any expenses you incur in the investigation defense or settlement of a claim or suit for bodily injury property damage or personal and advertising injury arising out of an insured crisis event. The base salaries or wages of any of your employees. Page 3of 5 2012 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. LCU 04110112 | 2 |
nan nan nan nan 9.820140001300002e16 4 Any ransom payment or other expense incurred to meet a demand made to redeem a hostage or captive. 5 Expenses incurred by any public relations or crisis management firm that is not listed as a Liberty Mutual Preferred Public Relations Vendor in the Schedule or that was not held on retainer by the insured at the time of the Crisis Management Event. 6 Any retainers or other contracted fees you paid a professional crisis management firm public relations media relations or similar firm prior to an insured crisis event. 7 Damages arising out of any employment related practices such as refusal to employ termination or any other practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation or discrimination directed at any person. Key executive means a. Chief Executive Officer b. Chief Operating Officer c. Chief Financial Officer d. President e. General Counsel or Chief Legal Officer f. General Partner if you are a partnership or Sole Proprietor if you are a proprietorship. g. Any person acting in the same capacity as any position listed in Paragraph a. through e. above and h. Any risk manager responsible for insurance matters or any other lawfully elected or appointed executive officers officials directors trustees or commissioners that is responsible for insurance matters. D. The following is added to SECTION IV CONDITIONS Duties in the Event of a Crisis Management Event 1. In the event you do not have your own public relations or crisis management firm available on retainer and would like to utilize a Liberty Mutual Preferred Public Relations Vendor you must notify both the Liberty Mutual Preferred Public Relations Vendor and Liberty Mutual Claims at the phone numbers listed in the Schedule within 72 hours of a crisis management event. Due to the emergent nature of claims under this coverage there may be circumstances in which expenses are incurred by a Liberty Mutual Preferred Public Vendor prior to our having the opportunity to determine whether those expenses will be covered under this policy. In those circumstances we will reimburse or pay expenses incurred for services from our Liberty Mutual Preferred Public Relations Vendor prior to our making a coverage LCU 04110112 2012 Liberty Mutual Group of Companies. All rights Page 4 of 5 reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
nan nan nan nan 9.820140001300002e16 determination. We reserve the right to decline expenses incurred after we have informed you that the claim is not covered. In the event you choose to use your own public relations or crisis management vendor that you currently hold on retainer or choose not to use any vendor you must notify Liberty Mutual Claims at the phone number listed in the Schedule within 72 hours of a crisis management event. Additionally you must provide us with written notice as soon as practicable. To the extent possible such written notice should include a. How when and where the crisis management event took place b. The names and addresses of any affected parties and witnesses and c. The nature and location of any injury or damage arising out of the crisis management event. Page 5 of 5 2012 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. LCU 04 1101 12 | 2 |
nan nan nan nan 9.820140001300002e16 Policy Number TH7 291 460730 044 Issued by LIBERTY INSURANCE CORPORATION Endorsement 7 End. Eff. Date THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED LIMITATION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. Paragraph 2.e of SECTION It WHO IS AN INSURED is replaced by the following e. Any person or organization included as an additional insured under underlying insurance but not for broader coverage than is provided by the underlying insurance. However 1. The insurance afforded to such additional insured only applies to the extent permitted by law and 2. If coverage provided to the additional insured is required by a contract or agreement the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds the following is added to Section lll Limits Of Insurance If coverage provided to the additional insured is required by a contract or agreement the most we will pay on behalf of the additional insured is the minimum amount of insurance 1. Required by the contract or agreement less any amounts payable by any underlying insurance or otherwise retained or 2. Available under the applicable Limits of Insurance shown in the Declarations whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. 2013 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 LCU 20011013 | 2 |
nan nan nan nan 9.820140001300002e16 Policy Number TH7 291 460730 044 Endorsement 8 Issued by LIBERTY INSURANCE CORPORATION End. Eff. Date THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY Endorsement 8 End. Eff. Date PERSONAL AND ADVERTISING INJURY EXCLUSION AMENDMENT This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Paragraphs q.2 and 3 of 2. Exclusions of SECTION COVERAGES are replaced by the following 2 Arising out of the oral or written publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity 3 Arising out of the oral or written publication in any manner of material whose content in the same or substantially the same form was published in any manner before the beginning of the policy period 2013 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 LCU 21731013 | 2 |
nan nan nan nan 9.820140001300002e16 Endorsement 9 End. Eff. Date Policy Number TH7 291 460730 044 Endorsement 9 Issued by LIBERTY INSURANCE CORPORATION End. Eff. Date THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIQUOR LIABILITY EXCLUSION AMENDMENT This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Exclusion 2.c. of SECTION COVERAGES is replaced by the following 2. Exclusions This insurance does not apply to c. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1 Causing or contributing to the intoxication of any person 2 The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3 Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in a The supervision hiring employment training or monitoring of others by that insured or b Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol if the occurrence which caused the bodily injury or property damage involved that which is described in Paragraph 1 2 or 3 above. This exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. This exclusion does not apply however if the bodily injury or property damage is covered by underlying insurance. Coverage provided will follow the terms definitions conditions and exclusions of underlying insurance subject to the policy period limits of insurance premium and all other terms definitions conditions and exclusions of this policy except that the coverage provided will be no broader than the coverage provided by underlying insurance. We will follow underlying insurance with respect to whether or not permitting a person to bring alcoholic beverages on your premises for consumption on your premises whether or not a fee is charged or a license is required for such activity is by itself considered the business of selling serving or furnishing alcoholic beverages. LCU 21741013 2013 Liberty Mutual Insurance. All rights reserved. Includes Page 1 of 1 copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
nan nan nan nan 9.820140001300002e16 Endorsement 10 End. Eff. Date Policy Number TH7 Z91 460730 044 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ASBESTOS EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Exclusion 2.s. of SECTION 1 COVERAGES is replaced by the following 2. Exclusions This insurance does not apply to s. Asbestos Any liability damages loss injury demand claim or suit arising out of or caused by or allegedly caused by asbestos either alone or in combination with other substances or factors. Page 10of 1 2013 Liberty Mutual Insurance. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. LCU 21781013 | 2 |
nan nan nan nan 9.820140001300002e16 Endorsement 11 End. Eff. Date Policy Number TH7 291 460730 044 Endorsement 11 Issued by LIBERTY INSURANCE CORPORATION End. Eff. Date THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. UNLAWFUL DISCRIMINATION EXCLUSION This endorsement modifies insurance provide under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Exclusion 2.x. of SECTION COVERAGES is replaced by the following 2. Exclusions This insurance does not apply to x. Unlawful Discrimination Any liability damages loss injury demand claim or suit that arises out of uniawful discrimination. Page 1 of 1 2014 Liberty Mutual Insurance. Ali rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. LCU 21790114 | 2 |
nan nan nan nan 9.820140001300002e16 Policy Number TH7 Z91 460730 044 Issued by LIBERTY INSURANCE CORPORATION Endorsement 12 End. Eff. Date THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NEWLY ACQUIRED OR FORMED ORGANIZATION AMENDMENT This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Paragraph 3. of SECTION Il WHO IS AN INSURED is replaced by the foliowing 3. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured under this policy if there is no other similar insurance available to that organization and that organization is a Named Insured under underlying insurance. 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. Coverage does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and c. Coverage does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. 2014 Liberty Mutual Insurance. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. LCU 9907 01 14 Page 10of 1 | 2 |
nan nan nan nan 9.820140001300002e16 Endorsement 13 End. Eff. Date Policy Number TH7 Z91 460730 044 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KANSAS CHANGES REPRESENTATIONS OR FRAUD This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Paragraph 7.c. of SECTION IV CONDITIONS is replaced by the following c. No payment will be made in any case of fraud by you as it relates to this policy or any claim under this policy. 2010 Liberty Mutual Group of Companies. All rights Page 1 of 1 reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. LCU32111110 | 2 |
nan nan nan nan 9.820140001300002e16 Policy Number TH7 Z91 460730 044 Issued by LIBERTY INSURANCE CORPORATION Endorsement 14 End. Eff. Date THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYEE BENEFITS LIABILITY COVERAGE LIMITATION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM SCHEDULE Umbrella Retroactive Date 03312008 Underlying Insurance Employee Benefits Liability Coverage Limits of Insurance 1000000 each employee 2000000 aggregate Retroactive Date 03312008 Insurer Liberty Mutual Fire Insurance Company Policy Number TB2 791 460730 014 Policy Period 03312014 to 03312015 A. If the Underlying Insurance listed in the Schedule provides liability coverage for damages because of any act error or omission negligently committed in the administration of employee benefit programs we will follow the terms definitions conditions and exclusions of the Underlying Insurance listed in the Schedule subject to the policy period limits of insurance premium and all other terms definitions conditions and exclusions of this policy except that the coverage provided will not be broader than the coverage provided by the Underlying Insurance listed in the Schedule. Coverage provided under this endorsement is subject to and will reduce the limits of insurance shown in the Declarations. For the purposes of this endorsement the Each Occurrence Limit is the most we will pay for the sum of damages arising out of 1. An act error or omission or 2. Aseries of related acts errors or omissions negligently committed in the administration of your employee benefit program. B. This insurance for damages because of any act error or omission negligently committed in the administration of employee benefit programs applies only if 1. The act error or omission did not take place before the Retroactive Date if any listed in the Schedule nor after the end of the policy period and 2. A claim for damages because of an act error or omission is first made against any insured in accordance with Paragraph C. below during the policy period or an Extended Reporting Period we provide under Paragraph E. below. LCU 04041110 2010 Liberty Mutual Group of Companies. Alf rights Page 1of 3 reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 3 | 2 |
nan nan nan nan 9.820140001300003e16 C. A claim seeking damages will be deemed to have been made at the earlier of the following times 1. When notice of such claim is received and recorded by any insured or by us whichever comes first or 2. When settlement is made in accordance with this policy or the Underlying Insurance listed inthe Schedule. A claim received and recorded by the insured within 60 days after the end of the policy period will be considered to have been received within the policy period if no subsequent policy is available to cover the claim. You must see to it that we are notified promptly of an act error or omission which may resuit in a claim. D. All claims for damages made by an employee because of any act error or omission or a series of related acts errors or omissions including damages claimed by such employee s dependents and beneficiaries will be deemed to have been made at the time the first of those claims is made against any insured. E. Extended Reporting Period 1. You will have the right to purchase an Extended Reporting Period as described below if a. This endorsement is canceled or not renewed or b. We renew or replace this endorsement with insurance that 1 Has a Retroactive Date later than the date listed in the Schedule of this endorsement or 2 Does not apply to an act error or omission on a claims made basis. 2. The Extended Reporting Period does not extend the policy period or change the scope of coverage provided. t applies only to claims for acts errors or omissions that were first committed before the end of the policy period but not before the Retroactive Date if any listed in the Schedule. Once in effect the Extended Reporting Period may not be canceled. 3. An Extended Reporting Period of three years is available but only by an endorsement and for an extra charge. You must give us a written request for the endorsement within 60 days after the end of the policy period. The 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 so we may take into account the following a. The employee benefit programs insured b. Previous types and amounts of insurance c. Limits of insurance available under this endorsement for future payment of damages and 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 20of 3 LCU 0404 11 10 | 2 |
nan nan nan nan 9.820140001300003e16 d. Other related factors. The additional premium will not exceed 200 of the annual premium for this endorsement. The Extended Reporting Period endorsement applicable to this coverage shail set forth the terms applicable to the 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 Extended Reporting Period starts. 4. The Extended Reporting Period does not reinstate or increase the limits of insurance applicable to any claim to which this endorsement applies. F. For the purposes of this endorsement 1. Administration means a. Providing information to employees including their dependents and beneficiaries with respect to eligibility for or scope of employee benefit programs b. Handling records in connection with the employee benefit program or c. Effecting continuing or terminating any employee s participation in any benefit included in the employee benefit program. However administration does not include handling payroll deductions. 2. Cafeteria plans means plans authorized by applicable law to allow employees to elect to pay for certain benefits with pre tax dollars. 3. Claim means any demand or suit made by an employee or an employee s dependents and beneficiaries for damages as the result of an act error or omission. 4. Employee benefit program means a program providing some or all of the following benefits to employees whether provided through a cafeteria plan or otherwise a. Group life insurance group accident or health insurance dental vision and hearing plans and flexible spending accounts provided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to those employees who satisfy the plan s eligibility requirements b. Profit sharing plans employee savings plans employee stock ownership plans pension plans and stock subscription plans provided that no one other than an employee may subscribe to such benefits and such benefits are made generally available to all employees who are eligible under the plan for such benefits. Unemployment insurance social security benefits workers compensation and disability benefits and d. Vacation plans including buy and sell programs leave of absence programs including military maternity family and civil leave tuition assistance plans transportation and heaith club subsidies. Page 3 of 3 2010 Liberty Mutua Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. LCU 040411 10 | 2 |
nan nan nan nan 9.820140001300003e16 THIS ENDORSMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LAND OR EARTH MOVEMENT EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART SPECIAL PROTECTIVE AND HIGHWAY LIABILITY POLICY NEW YORK This insurance does not apply to bodily injury property damage or personal or advertising injuzy directly or indirecdly caused by arising out of relating to resulting from attributable to contributing to or aggravated by any actual or alleged land or earth movement. Land or earth movement means movement in any direction including but not limited to instability rising upheaval expansion setdling sinking shrinkage slipping falling away tilting caving in eroding shifting in a horizontal or sideways direction mud flow mudslide volcanic etuption or earthquake or any other movement of land or earth regardless of the cause whether manmade or natural. Ihis endorsement is executed by the LIBERTY INSURANCE CORPORATION Premium Effective Date Expiration Date For ateachment to Policy No. TH7 Z91 460730 044 Audit Basis Issued To soummay eansmeer Countersigned by Sales Office and No. Authorized Represeatative End. Serial No. 15 Issued LC 2164 08 07 Page 10f 1 | 2 |
nan nan nan nan 9.820140001300003e16 Endorsement 16 End. Eff. Date Policy Number TH7 Z91 460730 044 Endorsement 16 Issued by LIBERTY INSURANCE CORPORATION End. Eff. Date THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RESIDENTIAL CONSTRUCTION OPERATIONS EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES 2. Exclusions This insurance does not apply to Residential Construction Operations Any liability damages loss injury demand claim or suit arising out of residential construction operations. For the purposes of this endorsement Residential construction includes but is not limited to construction development renovation fabrication installation assembly or demolition of habitational or residential structures. Habitational or residential structures includes but is not limited to single family housing multi family housing apartments condominiums town homes prisons dormitories motels and hotels. This exclusion applies even if a structure also includes construction that is not residential construction. 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. LCU 21 50 11 10 Page 1 of 1 | 2 |
nan nan nan nan 9.820140001300003e16 Policy Number TH7 Z91 460730 044 Issued by LIBERTY INSURANCE CORPORATION Endorsement 17 End. Eff. Date THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PROFESSIONAL HEALTH CARE SERVICES BY EMPLOYEES COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. Paragraph 2.a.1d of SECTION Il WHO IS AN INSURED is replaced by the following d Arising out of his or her providing or failing to provide professional health care services. However any employee of the Named Insured who is a designated health care provider is an insured under this policy with respect to bodily injury and personal and advertising injury i Which arises out of the providing of or failure to provide professional health care services and ii Which occurs in the course of and within the scope of such employee s employment by the Named Insured. B. With respect to employees providing professional health care services the following exclusion is added to Paragraph 2. Exclusions of SECTION COVERAGES 2. Exclusions This insurance does not apply to Professional Health Care Services by Employees Any bodily injury or personal and advertising injury arising out of 1 Liability assumed under an insured contract or any other contract or agreement 2 Liability arising out of the providing of professional health care services in violation of law 3 Liability arising out of the providing of professional health care services while in any degree under the influence of intoxicants or narcotics 4 Liability arising out of any dishonest fraudulent malicious or knowingly wrongful act or failure to act or 5 Punitive or exemplary damages fines or penalties. Page 10of 2 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted materiat of Insurance Services Office Inc. with its permission. LCU 0408 11 10 | 2 |
nan nan nan nan 9.820140001300003e16 C. The following definition is added to SECTION V DEFINITIONS Designated health care provider means any employee of the Named Insured whose duties include providing professional health care services including but not limited to doctors nurses emergency medical technicians or designated first aid personnel. 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 2 of 2 LCU 04081110 | 2 |
nan nan nan nan 9.820140001300003e16 Endorsement 18 End. Eff. Date Policy Number TH7 Z91 460730 044 Issued by LIBERTY INSURANCE CORPORATION THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BODILY INJURY TO CO EMPLOYEE COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Paragraph 2.a.1a of SECTION Il WHO IS AN INSURED does not apply to bodily injury that is covered by underlying insurance. Coverage will follow the terms definitions conditions and exclusions of underlying insurance subject to the policy period limits of insurance premium and all other terms definitions conditions and exclusions of this policy except that coverage provided will be no broader than the coverage provided by underlying insurance. The insurance provided by this endorsement for bodily injury to a coemployee or volunteer worker will not apply if the injured coemployee s or volunteer worker s sole remedy for such injury is provided under a workers compensation law or any similar law. Page 10of 1 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. LCU 04091110 | 2 |
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