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nan nan nan nan 9.820140001300003e16 THI1S ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition is amended by the addition of the following We waive any right of recovery we may have against any person or organization with whom you have agreed in writing prior to an occurrence to waive your rights because of payments we make for injury or damage asising out of your ongoing operations or your work done under a contract with that person or organization and included in the products completed operations hazard. This endorsement is executed by the LIBERTY INSURANCE CORPORATION Premium Effective Date Expiration Date Vior atiachment to Policy No. TH7 291 460730 044 Audit Basis Issued To..... Countersigned by Sales Office and No. Authorized Represcnative End. Serial No. 19 Issued LC 24070807 Page 1 of 1 | 2 |
nan nan nan nan 9.820140001300003e16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO EXCLUSION OF TERRORISM COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART. The provisions of this endorsement 1. Apply only to bodily injury or property dam age arising out of the ownership maintenance or use of any auto that is a covered auto under this Coverage Part and 2. Supersede the provisions of any other en dorsement addressing terrorism attached to this Coverage Part only with respect to bodily injury or property damage arising out of the ownership maintenance or use of any auto thatis a covered auto.. The following definitions are added and apply under this endorsement wherever the term terror ism or the phrase any injury or damage are en closed in quotation marks 1. Terrorism means activities against persons organizations or property of any nature a. That involve the following or preparation for the following 1 Use or threat of force or violence or 2 Commission or threat of a dangerous act or 3 Commission or threat of an act that interferes with or disrupts an electronic communication information or mechan ical system and b. When one or both of the following applies 1 The effect is to intimidate or coerce a government or the civilian population or any segment thereof or to disrupt any segment of the economy or It appears that the intent is to intimidate or coerce a government or to further political ideological religious social or economic objectives or to express or express opposition to a philosophy or ideology. 2 2. Any injury or damage means any injury or damage covered under any Coverage Part or underlying insurance to which this endorse ment is applicable and includes but is not lim it i j property damage per sonal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part or underlying in surance. C. The following exclusion is added EXCLUSION OF TERRORISM We will not pay for any injury or damage caused directly or indirectly by terrorism including action in hindering or defending against an actual or ex pected incident of terrorism. Any injury or dam age is excluded regardless of any other cause or event that contributes concurrently or in any se quence to such injury or damage. But this exclu sion applies only when one or more of the fol lowing are attributed to an incident of terrorism 1. The terrorism is carried out by means of the dispersal or application of radioactive material or through the use of a nuclear weapon or de vice that involves or produces a nuclear reac tion nuclear radiation or radioactive contami nation or Radioactive material is released and it ap pears that one purpose of the terrorism was to release such material or 3. The terrorism is carried out by means of the dispersal or application of pathogenic or poi sonous biological or chemical materials or Pathogenic or poisonous biological or chemical materiafs are released and it appears that one purpose of the terrorism was to release such materials or L4 ISO Properties Inc. 20068 CU 21 56 06 06 Page 1 of 2 | 2 |
nan nan nan nan 9.820140001300003e16 5. The total of insured damage to all types of property exceeds 25000000. In determining whether the 25000000 threshold is exceed ed we will include ali insured damage sus tained by property of all persons and entities affected by the terrorism and business inter ruption losses sustained by owners or occu pants of the damaged property. For the pur pose of this provision insured damage means damage that is covered by any insurance plus damage that would be covered by any insur ance but for the application of any terrorism exclusions or 6. Fifty or more persons sustain death or serious physical injury. For the purposes of this provi sion serious physical injury means a. Physical injury that involves a substantial risk of death or b. Protracted and obvious physical disfigure ment or c. Protracted loss of or impairment of the function of a bodily member or organ. Multiple incidents of terrorism which occur within a 72 hour period and appear to be carried out in concert or to have a related purpose or common leadership will be deemed to be one incident for the purpose of determining whether the thresholds in Paragraphs C.5. or C.6. are exceeded. With respect to this Exclusion Paragraphs C.5. and C.6. describe the threshold used to measure the magnitude of an incident of terrorism and the circumstances in which the threshold will apply for the purpose of determining whether this Exclusion will apply to that incident. When the Exclusion ap plies to an incident of terrorism there is no cov erage under this Coverage Part. In the event of any incident of terrorism that is not subject to this Exclusion coverage does not apply to any injury or damage that is otherwise excluded under this Coverage Part. This endorsement is executed by the LIBERTY INSURANCE CORPORATION Premium Effective Date Expiration Date For attachment to Policy No. TH7 291 460730 044 Audit Basis Issued To Countersigned by Authorized Representative Sales Office and No. End. Serial No. 20 Issued CU 21 56 06 06 ISO Properties Inc. 2006 Page 2 of 2 | 2 |
nan nan nan nan 9.820140001300003e16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OKLAHOMA AUTO EXCLUSION OF TERRORISM COVERAGE UNDERLYING AUTO COVERAGE EXCLUDES TERRORISM ABOVE MINIMUM STATUTORY LIMITS This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. The underlying Commercial Auto policy excludes C. The following definitions are added and apply coverage for terrorism with respect to 1. Liability and Personal Injury Protection Cover age and only to the extent that the limit of such coverage exceeds the state compulsory or fi nancial responsibility law minimum limits for each coverage and 2. Uninsured andor Underinsured Motorists Cov erage and only to the extent that the limit of such coverage exceeds the minimum statutory permitted limits for Uninsured andor Underin sured Motorists Coverage. Those limits are equal to the minimum limits permitted for Liabil ity Coverage. B. The provisions of Sections B. through D. of this endorsement 1. Apply only to bodily injury or property dam age arising out of the ownership maintenance or use of any auto that is a covered auto under this Coverage Part and 2. Supersede the provisions of any other en dorsement addressing terrorism attached to this Coverage Part only with respect to bodily injury or property damage arising out of the ownership maintenance or use of any auto that is a covered auto. under this endorsement wherever the term terror ism or the phrase any injury or damage are en closed in quotation marks 1. Terrorism means activities against persons organizations or property of any nature a. That involve the following or preparation for the following 1 Use or threat of force or violence or 2 Commission or threat of a dangerous act or 3 Commission or threat of an act that interferes with or disrupts an electronic communication information or mechan ical system and b. When one or both of the following applies 1 The effect is to intimidate or coerce a government or the civilian population or any segment thereof or to disrupt any segment of the economy or It appears that the intent is to intimidate or coerce a govemnment or to further political ideological religious social or economic objectives or to express or express opposition to a philosophy or ideology. 2 Page 10of 2 1SO Properties Inc. 2006 CU 21621206 | 2 |
nan nan nan nan 9.820140001300003e16 2. Any injury or damage means any injury or damage covered under any Coverage Part or underlying insurance to which this endorse ment is applicable and includes but is not lim ited to bodily injury property damage per sonal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part or underlying in surance. D. The following exclusion is added EXCLUSION OF TERRORISM We will not pay for any injury or damage caused directly or indirectly by terrorism including action in hindering or defending against an actual or ex pected incident of terrorism. Any injury or dam age is excluded regardless of any other cause or event that contributes concurrently or in any se quence to such injury or damage. But this exclu sion applies only when one or more of the fol lowing are attributed to an incident of terrorism 1. The terrorism is carried out by means of the dispersal or application of radioactive material or through the use of a nuclear weapon or de vice that involves or produces a nuclear reac tion nuclear radiation or radioactive contami nation or Radioactive material is released and it ap pears that one purpose of the terrorism was to release such material or 3. The terrorism is carried out by means of the dispersal or application of pathogenic or poi sonous biological or chemical materials or 4. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials or Ihis endorsement is executed by the LIBERTY INSURANCE CORPORATION Peemium Hiffeetive Date Expiration Date or attachment to Policy No. TI7 Z91 460730 044 Audit Basis Issued To 5. The total of insured damage to all types of property exceeds 25000000. In determining whether the 25000000 threshold is exceed ed we will include all insured damage sus tained by property of all persons and entities affected by the terrorism and business inter ruption losses sustained by owners or occu pants of the damaged property. For the pur pose of this provision insured damage means damage that is covered by any insurance plus damage that would be covered by any insur ance but for the application of any terrorism exclusions or 6. Fifty or more persons sustain death or serious physical injury. For the purposes of this provi sion serious physical injury means a. Physical injury that involves a substantial risk of death b. Protracted and obvious physical disfigure ment or c. Protracted loss of or impairment of the function of a bodily member or organ. Multiple incidents of terrorism which occur within a 72 hour period and appear to be carried out in concert or to have a related purpose or common leadership will be deemed to be one incident for the purpose of determining whether the thresholds in Paragraph D.5. or D.6. are exceeded. With respect to this Exclusion Paragraphs D.5. and D.6. describe the threshold used to measure the magnitude of an incident of terrorism and the circumstances in which the threshold will apply for the purpose of determining whether this Exclusion will apply to that incident. When the Exclusion ap plies to an incident of terrorism there is no cov erage under this Coverage Part. In the event of any incident of terrorism that is not subject to this Exclusion coverage does not apply to any injury or damage that is otherwise excluded under this Coverage Part. 2. Any injury or damage means any injury or damage covered under any Coverage Part or underlying insurance to which this endorse ment is applicable and includes but is not lim ited to bodily injury property damage sonal and advertising injury injury environmental damage as may be defined in any applicable Coverage Part or underlying in surance. D. The following exclusion is added EXCLUSION OF TERRORISM We will not pay for any injury or damage caused directly or indirectly by terrorism including action in hindering or defending against an actual or ex pected incident of terrorism. Any injury or dam age is excluded regardless of any other cause or event that contributes concurrently or in any se quence to such injury or damage. But this exclu sion applies only when one or more of the fol lowing are attributed to an incident of terrorism 1. The terrorism is carried out by means of the dispersal or application of radioactive material or through the use of a nuclear weapon or de vice that involves or produces a nuclear reac tion nuclear radiation or radioactive contami nation or 2. Radioactive material is released and it ap pears that one purpose of the terrorism was to release such material or 3. The terrorism is carried out by means of the dispersal or application of pathogenic or poi sonous biological or chemical materials or 4. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials or Countersigned by Sales Office and No. Althorized Represeanatve End. Serial No. 21 issued I1SO Properties Inc. 2006 Page 2 of 2 CU 21 621206 | 2 |
nan nan nan nan 9.820140001300003e16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON AUTO EXCLUSION OF TERRORISM COVERAGE COMMERCIAL LIABILITY UMBRELLA COVERAGE PART. The provisions of this endorsement 1. Apply only to bodily injury or property dam age arising out of the ownership maintenance or use of any auto that is a covered auto under this Coverage Part and 2. Supersede the provisions of any other en dorsement addressing terrorism attached to this Coverage Part only with respect to bodily injury or property damage arising out of the ownership maintenance or use of any auto that is a covered auto.. The following definitions are added and apply under this endorsement wherever the term terror ism or the phrase any injury or damage are en closed in quotation marks 1. Terrorism means activities against persons organizations or property of any nature a. That involve the following or preparation for the following 1 Use or threat of force or violence or 2 Commission or threat of a dangerous act or 3 Commission or threat of an act that interferes with or disrupts an electronic communication information or mechan ical system and b. When one or both of the following applies 1 The effect is to intimidate or coerce a government or the civilian population or any segment thereof or to disrupt any segment of the economy or 2 It appears that the intent is to intimidate or coerce a government or to further political ideological religious social or economic objectives or to express or express opposition to a philosophy or ideology. This endorsement modifies insurance provided under the following 2. Any injury or damage means any injury or damage covered under any Coverage Part or underlying insurance to which this endorse ment is applicable and includes but is not lim ited to bodily injury property damag sonal and advertising injury injury environmental damage as may be defined in any applicable Coverage Part or underlying in surance. C. The following exclusion is added EXCLUSION OF TERRORISM We will not pay for any injury or damage caused directly or indirectly by terrorism including action in hindering or defending against an actual or ex pected incident of terrorism. But this Exclusion applies only when one or more of the following are attributed to an incident of terrorism 1. The terrorism is carried out by means of the dispersal or application of radioactive material or through the use of a nuclear weapon or de vice that involves or produces a nuclear reac tion nuclear radiation or radioactive contami nation or 2. Radioactive material is released and it ap pears that one purpose of the terrorism was to release such material or 3. The terrorism is carried out by means of the dispersal or application of pathogenic or poi sonous biological or chemical materials or 4. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials or Page 10f 2 ISO Properties Inc. 2006 CU 21631206 | 2 |
nan nan nan nan 9.820140001300003e16 5. The total of insured damage to all types of property exceeds 25000000. In determining whether the 25000000 threshold is exceed ed we will include all insured damage Sus tained by property of all persons and entities affected by the terrorism and business inter ruption losses sustained by owners or occu pants of the damaged property. For the pur pose of this provision insured damage means damage that is covered by any insurance plus damage that would be covered by any insur ance but for the application of any terrorism exclusions or 6. Fifty or more persons sustain death or serious physical Injury. For the purposes of this provi sion serious physical injury means a. Physical injury that involves a substantial risk of death or b. Protracted and obvious physical disfigure ment or c. Protracted loss of or impairment of the function of a bodily member or organ. Multiple incidents of terrorism which occur within a 72 hour period and appear to be carried out in concert or to have a related purpose or common leadership will be deemed to be one incident for the purpose of determining whether the thresholds in Paragraph C.5. or C.6. are exceeded. With respect to this Exclusion Paragraphs C.5. and C.6. describe the threshold used to measure the magnitude of an incident of terrorism and the circumstances in which the threshold will apply for the purpose of determining whether this Exclusion will apply to that incident. When the Exclusion ap plies to an incident of terrorism there is no cov erage under this Coverage Part. In the event of any incident of terrorism that is not subject to this Exclusion coverage does not apply to any injury or damage that is otherwise excluded under this Coverage Part. This endorsement is exccuted by the LIBERTY INSURANCE CORPORATION Premium Effeetive Date Expiration Date For attachment to Policy No. TH7 291 460730 044 Audit Basis Issued To Countersigned by Sales Office and No. Authorized Representadve End. Serial No. 22 Issued CU 21631206 ISO Properties Inc. 2006 Page 2 of 2 | 2 |
nan nan nan nan 9.820140001300003e16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ALASKA EXCLUSION OF CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. The following exclusion is added 2. Certified act of terrorism means an act that is This insurance does not apply to TERRORISM Any injury or damage arising out of a certified act of terrorism. B. The following definitions are added 1. For the purposes of this endorsement any injury or damage means any injury or damage covered under any Coverage Part or underly ing insurance to which this endorsement is ap plicable and includes but is not limited to inj damage personal and advertising injury jury or environmen tal damage as may be defined in any applica ble Coverage Part or underlying insurance. 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 con tained 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 5 million in the aggregate attributable to all types of insurance subject to the Terror ism Risk Insurance Act and b. The act is a violent act or an act that is dangerous to human life property or infra structure 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 con duct of the United States Government by coercion. This endorsement is executed by the LIBERTY INSURANCE CORPORATION Premium Iiffective Date Expiration Date For attachment to Poliey No. TH7 Z91 460730 044 Audit Basis Issued To Countersigned by Sales Office and No. Authorized Representative End. Serial No. 23 Issued Page 10of 1 CU 01620108 ISO Properties Inc. 2007 | 2 |
nan nan nan nan 9.820140001300003e16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. The following exclusion is added 2. Celjlied act of terrorism means an act that is This i apply to certified by the Secretary of the Treasury in is insurance does not apply concurrence with the Secretary of State and TERRORISM the Attomey General of the United States to Any injury or damage arising directly or indirect be an act of terrorism pursuant to the federal ly out of a certified act of terrorism. Terrorism Risk Insurance Act. The criteria con tained 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 5 million in the aggregate attributable to all types of insurance subject to the Terror ism Risk Insurance Act and B. The following definitions are added 1. For the purposes of this endorsement any injury or damage means any injury or damage covered under any Coverage Part or underly ing insurance to which this endorsement is ap plicable and includes but is not limited to bodily injury proj personal b. The act is a violent act or an act that is and advertising injur injury or environmen dangerous to human life property or infra tal damage as may be defined in any applica structure and is committed by an individuat ble Coverage Part or underlying insurance. or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the con duct of the United States Government by coercion. Ihis endorsement is exeeuted by the LIBERTY INSURANCE CORPORATION Premium Effective Date For attachment to Poliey No. Audit Basis Espiration Date TH7 291 460730 044 Insued To Countersigned by Sales Office and No. Authorized Represeatative End. Serial No. 24 Issued SO Properties Inc. 2007 Cu 21330108 Page 10of 1 | 2 |
nan nan nan nan 9.820140001300003e16 COMMERCIAL LIABILITY UMBRELLA Cu 01820107 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ALASKA CONDITIONAL EXCLUSION OF TERRORISM RELATING TO DISPOSITION OF FEDERAL TERRORISM RISK INSURANCE ACT This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. Applicability Of The Provisions Of This 2. If the provisions of this endorsement be Endorsement come applicable such provisions 1. The provisions of this endorsement be a. Supersede any terrorism endorsement come applicable commencing on the date already endorsed to this policy that ad when any one or more of the following first dresses certified acts of terrorism occurs. But if your policy meaning the pol andfor other acts of terrorism but only icy period in which this endorsement ap with respect to an incidents of terror es begins after such date then the pro ism however defined which results in visions of this endorsement become injury or damage that occurs on or after applicable on the date your policy begins. the date when the provisions of this en a. The federal Terrorism Risk Insurance dorsement become applicable for Program Program established by the claims made policies such an endorse Terrorism Risk Insurance Act has ter ment is superseded only with respect to minated with respect to the type of in an incident of terrorism however de surance provided under this Coverage fined that resulgs in a claim for injury or damage first being made on or after the Part or e.. date when the provisions of this en b. A renewal extension or replacement of dorsement become applicable and the Program has become effective with b. Remain applicable unless we notify you out a requirement to make terrorism coverage available to you and with revi sions that 1 Increase our statutory percentage deductible under the Program for ter rorism losses. That deductible de termines the amount of all certified terrorism losses we must pay in a calendar year before the federal of changes in these provisions in re sponse to federal law. 3. If the provisions of this endorsement do NOT become applicable any terrorism en dorsement already endorsed to this policy that addresses certified acts of terrorism andfor other acts of terrorism will con tinue in effect unless we notify you of government shares in subsequent changes to that endorsement in response payment of certified terrorism loss to federal law. es. or B. The following definitions are added and apply 2 Decrease the federal government s under this endorsement wherever the term terror statutory percentage share in poten ism or the phrase any injury or damage are en tial terrorism losses above such de closed in quotation marks ductible or 1. Terrorism means activities against persons 3 Redefine terrorism or make insur organizations or property of any nature ance coverage for terrorism subject a. That involve the following or preparation for to provisions or requirements that the following differ from those that apply to other 1 Use or threat of force or violence or types of events or occurrences under.. this policy. 2 Commission or threat of a dangerous act or ISO Properties Inc. 2005 Page 10of 3 u CU 01820107 | 2 |
nan nan nan nan 9.820140001300005e16 4. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials or 5. The total of insured damage to all types of property exceeds 25000000. In determining whether the 25000000 threshold is exceed ed we will include all insured damage sus tained by property of all persons and entities affected by the terrorism and business inter ruption losses sustained by owners or occu pants of the damaged property. For the pur pose of this provision insured damage means damage that is covered by any insurance plus damage that would be covered by any insur ance but for the application of any terrorism exclusions or 6. Fifty or more persons sustain death or serious physical injury. For the purposes of this provi sion serious physical injury means a. Physical injury that involves a substantial risk of death or b. Protracted and obvious physical disfigure ment or c. Protracted loss of or impairment of the function of a bodily member or organ. Multiple incidents of terrorism which occur within a 72 hour period and appear to be carried out in concert or to have a related purpose or common leadership will be deemed to be one incident for the purpose of determining whether the thresholds in Paragraphs C.5. or C.6. are exceeded. 3 Commission or threat of an act that interferes with or disrupts an electronic communication information or mechan ical system and b. When one or both of the following applies 1 The effect is to intimidate or coerce a government or the civilian population or any segment thereof or to disrupt any segment of the economy or It appears that the intent is to intimidate or coerce a government or to further political ideological religious social or economic objectives or to express or express opposition to a philosophy or ideology. 2. Any injury or damage means any injury or damage covered under any Coverage Part or underlying insurance to which this endorse ment is applicable and includes but is not lim ited to bodily injury property damage per sonal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part or underlying in surance. C. The following exclusion is added EXCLUSION OF TERRORISM We will not pay for any injury or damage caused by terrorism including action in hindering or de fending against an actual or expected incident of terrorism. But this exclusion applies only when one or more of the following are attribut ed to an incident of terrorism 1. The terrorism is carried out by means of the dispersal or application of radioactive material or through the use of a nuclear weapon or de vice that involves or produces a nuclear reac tion nuclear radiation or radioactive contami nation or 2. Radioactive material is released and it ap pears that one purpose of the terrorism was to release such material or 3. The terrorism is carried out by means of the dispersal or application of pathogenic or poi sonous biological or chemical materials or 2 150 Properties Inc. 2005 Page 2 of 3 CU 01820107 o | 2 |
nan nan nan nan 9.820140001300005e16 With respect to this Exclusion Paragraphs C.5. and C.6. describe the threshold used to measure the magnitude of an incident of terrorism and the circumstances in which the threshold will apply for the purpose of determining whether this Exclusion will apply to that incident. When the Exclusion ap plies to an incident of terrorism there is no cov erage under this Coverage Part. In the event of any incident of terrorism that is not subject to this Exclusion coverage does not apply to any injury or damage that is otherwise excluded under this Coverage Part. This endorsement is executed by the LIBERTY INSURANCE CORPORATION Premium Effective Date Expiration Date For attachment to PolicyNo. TH7 291 460730 044 Audit Basis Issued To Countersigned by Authorized Representative Sales Office and No.. Serial No. 25 Issued ISO Properties Inc. 2004 CuU 01820107 Page 30of 3 o | 2 |
nan nan nan nan 9.820140001300005e16 COMMERCIAL LIABILITY UMBRELLA CU 21440107 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONDITIONAL EXCLUSION OF TERRORISM RELATING TO DISPOSITION OF FEDERAL TERRORISM RISK INSURANCE ACT This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. Applicability Of The Provisions Of This 2. If the provisions of this endorsement be Endorsement come applicable such provisions 1. The provisions of this endorsement be a. Supersede any terrorism endorsement come applicable commencing on the date already endorsed to this policy that ad when any one or more of the following first dresses certified acts of terrorism occurs. But if your policy meaning the pol andor other acts of terrorism but only icy period in which this endorsement ap with respect to an incidents of terror plies begins after such date then the pro m however defined which results in visions of this endorsement become injury or damage that occurs on or after applicable on the date your policy begins. the date when the provisions of this en dorsement become applicable for claims made policies such an endorse ment is superseded onty with respect to an incident of terrorism however de fined that results in a claim for injury or damage first being made on or after the a. The federal Terrorism Risk Insurance Program Program established by the Terrorism Risk Insurance Act has ter minated with respect to the type of in surance provided under this Coverage Part or... date when the provisions of this en b. A renewal extension or replacement of dorsement become applicable and the Program has become effective with N. N b. Remain applicable unless we notify you out a requirement to make terrorism coverage available to you and with revi sions that 1 Increase our statutory percentage deductible under the Program for ter rorism losses. That deductible de termines the amount of all certified terrorism losses we must pay in a calendar year before the federal of changes in these provisions in re sponse to federal law. 3. If the provisions of this endorsement do NOT become applicable any terrorism en dorsement already endorsed to this policy that addresses certified acts of terrorism andfor other acts of terrorism will con tinue in effect unless we notify you of government shares in subsequent changes to that endorsement in response payment of certified terrorism loss to federal law. es. or B. The following definitions are added and apply 2 Decrease the federal government s under this endorsement wherever the term terror statutory percentage share in poten ism or the phrase any injury or damage are en tial terrorism losses above such de closed in quotation marks ductible or 1. Terrorism means activities against persons Redefine terrorism or make insur organizations or property of any nature ance coverage for terrorism subject to provisions or requirements that differ from those that apply to other types of events or occurrences under this policy. 3 I1SO Properties Inc. 2005 Page1of3 o CU 21440107 | 2 |
nan nan nan nan 9.820140001300005e16 a. That involve the following or preparation for the following 1 Use or threat of force or violence or 2 Commission or threat of a dangerous act or 3 Commission or threat of an act that Interferes with or disrupts an electronic communication information or mechan ical system and b. When one or both of the following applies 1 The effect is to intimidate or coerce a government or the civilian population or any segment thereof or to disrupt any segment of the economy or 2 It appears that the intent is to intimidate or coerce a government or to further political ideological religious social or economic objectives or to express or express opposition to a philosophy or ideology. 2. Any injury or damage means any injury or damage covered under any Coverage Part or underlying insurance to which this endorse ment is applicable and includes but is not lim ited to bodily injury property damage per sonal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part or underlying in surance. C. The following exclusion is added EXCLUSION OF TERRORISM We will not pay for any injury or damage caused directly or indirectly by terrorism including action in hindering or defending against an actual or ex pected incident of terrorism. Any injury or dam age is excluded regardless of any other cause or event that contributes concurrently or in any se quence to such injury or damage. But this exclu sion applies only when one or more of the fol lowing are attributed to an incident of terrorism 1. The terrorism is carried out by means of the dispersal or application of radioactive material or through the use of a nuclear weapon or de vice that involves or produces a nuclear reac tion nuclear radiation or radioactive contami nation or. 2. Radioactive material is released and it ap pears that one purpose of the terrorism was torelease such material or 3. The terrorism is carried out by means of the dispersal or application of pathogenic or poi sonous biological or chemical materials or 4. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials or 5. The total of insured damage to all types of property exceeds 25000000. In determining whether the 25000000 threshold is exceed ed we will include all insured damage sus tained by property of all persons and entities affected by the terrorism and business inter ruption losses sustained by owners or occu pants of the damaged property. For the pur pose of this provision insured damage means damage that is covered by any insurance plus damage that wouid be covered by any insur ance but for the application of any terrorism exclusions or 6. Fifty or more persons sustain death or serious physical injury. For the purposes of this provi sion serious physical injury means a. Physical injury that involves a substantial risk of death or b. Protracted and obvious physical disfigure ment or c. Protracted loss of or impairment of the function of a bodily member or organ. Multiple incidents of terrorism which occur within a 72 hour period and appear to be carried out in concert or to have a related purpose or common leadership will be deemed to be one incident for the purpose of determining whether the thresholds in Paragraphs C.5. or C.6. are exceeded. ISO Properties Inc. 2005 Page 2 of 3 CU 21 440107 a | 2 |
nan nan nan nan 9.820140001300005e16 In the event of any incident of terrorism that is not subject to this Exclusion coverage does not apply to any injury or damage that is otherwise excluded under this Coverage Part. With respect to this Exclusion Paragraphs C.5. and C.6. describe the threshold used to measure the magnitude of an incident of terrorism and the circumstances in which the threshold will apply for the purpose of determining whether this Exclusion will apply to that incident. When the Exclusion ap plies to an incident of terrorism there is no cov erage under this Coverage Part. This endorsement is executed by the LIBERTY INSURANCE CORPORATION Premium Effective Date Expiration Date For attachment to Policy No. TH7 291 460730 044 Audit Basis Issued To Countersigned by Authorized Representative Sales Office and No. End. Serial No. 26 Issued ISO Properties Inc. 2004 Page3of 3 a CU 21440107 | 2 |
nan nan nan nan 9.820140001300005e16 COMMERCIAL LIABILITY UMBRELLA CU 01 86 01 07 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WASHINGTON CONDITIONAL EXCLUSION OF TERRORISM RELATING TO DISPOSITION OF FEDERAL TERRORISM RISK INSURANCE ACT This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE PART A. Applicability Of The Provisions Of This 2. If the provisions of this endorsement be Endorsement come applicable such provisions 1. The provisions of this endorsement be a. Supersede any terrorism endorsement come applicable commencing on the date already endorsed to this policy that ad when any one or more of the following first dresses certified acts of terrorism occurs. But if your policy meaning the pol andlor other acts of terrorism but only icy period in which this endorsement ap with respect to an incidents of terror plies begins after such date then the pro ism however defined which results in visions of this endorsement become injury or damage that occurs on or after applicable on the date your policy begins. the date when the provisions of this en dorsement become applicable for claims made policies such an endorse ment is superseded only with respect to an incident of terrorism however de fined that results in a claim for injury or damage first being made on or after the a. The federal Terrorism Risk Insurance Program Program established by the Terrorism Risk Insurance Act has ter minated with respect to the type of in surance provided under this Coverage Part or 1. date when the provisions of this en b. A renewal extension or replacement of dorsement become applicable and the Program has become effective with. y b. Remain applicable unless we notify you out a requirement to make terrorism coverage available to you and with revi sions that 1 Increase our statutory percentage deductible under the Program for ter rorism losses. That deductible de termines the amount of all certified terrorism losses we must pay in a calendar year before the federal of changes in these provisions in re sponse to federal law. 3. If the provisions of this endorsement do NOT become applicable any terrorism en dorsement already endorsed to this policy that addresses certified acts of terrorism andl or other acts of terrorism will con tinue in effect unless we nohfy you of government shares in subsequent changes to that endorsement in response payment of certified terrorism loss to federal law. es. or B. The following definitions are added and apply under this endorsement wherever the term terror ism or the phrase any injury or damage are en closed in quotation marks 2 Decrease the federal government s statutory percentage share in poten tial terrorism losses above such de ductible or 1. Terrorism means activities against persons 3 Redefine terrorism or make insur organizations or property of any nature ance coverage for terrorism subject a. That involve the following or preparation for to provisions or requirements that the following differ from those that apply to other 1 Use or threat of force or violence or types of events or occurrences under this p ion Cr threat of a dangerous ISO Properties Inc. 2005 Page 1 of 3 o CU 0186 01 07 | 2 |
nan nan nan nan 9.820140001300005e16 3 Commission or threat of an act that interferes with or disrupts an electronic communication information or mechan ical system and b. When one or both of the following applies 1 The effect is to intimidate or coerce a government or the civilian population or any segment thereof or to disrupt any segment of the economy or It appears that the intent is to intimidate or coerce a government or to further political ideological religious social or economic objectives or to express or express opposition to a philosophy or ideology. 2. Any injury or damage means any injury or damage covered under any Coverage Part or underlying insurance to which this endorse ment is applicable and includes but is not lim ited to bodily injury property damage per sonal and advertising injury injury or environmental damage as may be defined in any applicable Coverage Part or underlying in surance.. The following exclusion is added EXCLUSION OF TERRORISM We will not pay for any injury or damage caused directly or indirectly by terrorism including action in hindering or defending against an actual or ex pected incident of terrorism. But this exclusion applies only when one or more of the following are attributed to an incident of terrorism 1. The terrorism is carried out by means of the dispersal or application of radioactive material or through the use of a nuclear weapon or de vice that involves or produces a nuclear reac tion nuclear radiation or radioactive contami nation or Radioactive material is released and it ap pears that one purpose of the terrorism was to release such material or 3. The terrorism is carried out by means of the dispersal or application of pathogenic or poi sonous biological or chemical materials or 2 4. Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials or 5. The total of insured damage to all types of property exceeds 25000000. In determining whether the 25000000 threshold is exceed ed we will include all insured damage sus tained by property of all persons and entities affected by the terrorism and business inter ruption losses sustained by owners or occu pants of the damaged property. For the pur pose of this provision insured damage means damage that is covered by any insurance plus damage that would be covered by any insur ance but for the application of any terrorism exclusions or 6. Fifty or more persons sustain death or serious physical injury. For the purposes of this provi sion serious physical injury means a. Physical injury that involves a substantial risk of death or b. Protracted and obvious physical disfigure ment or c. Protracted loss of or impairment of the function of a bodily member or organ. Multiple incidents of terrorism which oceur within a 72 hour period and appear to be carried out in concert or to have a related purpose or common leadership will be deemed to be one incident for the purpose of determining whether the thresholds in Paragraphs C.5. or C.6. are exceeded. Page 2 of 3 iSO Properties Inc. 2005 CU 0186 0107 | 2 |
nan nan nan nan 9.820140001300005e16 With respect to this Exclusion Paragraphs C.5. and C.6. describe the threshold used to measure the magnitude of an incident of terrorism and the circumstances in which the threshold will apply for the purpose of determining whether this Exclusion will apply to that incident. When the Exclusion ap plies to an incident of terrorism there is no cov erage under this Coverage Part. In the event of any incident of terrorism that is not subject to this Exclusion coverage does not apply to any injury or damage that is otherwise excluded under this Coverage Part. This endorsement is executed by the LIBERTY INSURANCE CORPORATION Premium Effective Date Expiration Date For attachment to Policy No. TH7 291 460730 044 Audit Basis Issued To Countersigned by Authorized Representative Sales Office and No. End. Serial No. 27 Issued CU 01860107 ISO Properties Inc. 2004 Page 3of 3 a | 2 |
nan nan nan nan 9.820140001300005e16 COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. First Named Insured means the person or organization shown as the Named Insured in the Declarations or if more than one name appears the Named Insured listed first in the Declarations. The words we us and our refer to the Company providing this insurance. The word insured means any person or organization qualifying as such under SECTION Il WHO IS AN INSURED. Other words and phrases that appear in quotation marks have special meaning. If not defined in the section in which they first appear refer to SECTION V DEFINITIONS. SECTION COVERAGES 1. Insuring Agreement a. We will pay those sums in excess of the retained limit that the insured becomes legally obligated to pay as damages because of 1 Bodily injury 2 Property damage or 3 Personal and advertising injury to which this insurance applies. The amount we will pay for damages is limited as described in SECTION It LIMITS OF INSURANCE. b. We will have the right and duty to defend any suit seeking damages covered by this insurance by counsel of our choice when 1 The total applicable limits of underlying insurance have been exhausted by payment of judgments or settiements or 2 The damages sought because of bodily injury property damage or personal and advertising injury to which this insurance applies would not be covered by underlying insurance or other insurance. However we have no duty to defend any suit if any other insurer has a duty to defend all or a portion of that suit. Our right and duty to defend any suit including any suit which is pending at the time of exhaustion end when we have exhausted the applicable limit of insurance of this policy in the payment of judgments or settlements. We may at our discretion investigate any occurrence and settle part or all of any claim or suit that may result. We have the right but not the duty at our expense to defend any suit or to retain an attorney to associate with the insured or any counsel for the purpose of defending any claim or suit Lcuoo 011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office inc. wiih its permission Page 10f 30 | 0 |
nan nan nan nan 9.820140001300005e16 which we are not obligated to defend but which in our opinion may require payment under this policy. The Insured at our request will assist us and cooperate fully in the handling and defense of all claims or suits and in enforcing all rights to salvage contribution subrogation or indemnity that may affect our obligations under this policy. f we have a duty to defend a claim or suit but can not legally do so in the country in which the claim is made or the suit is brought you agree to investigate and defend the claim or suit. You may also settle the claim or suit but only with our prior written consent. Subject to the applicable limits of insurance we will reimburse the insured for our share of any damages or settlement in excess of the retained limit. We will reimburse the insured for our share of the reasonable costs of such investigation and defense. This insurance applies only if 1 The bodily injury or property damage occurs during the policy period or the personal and advertising injury is caused by an offense arising out of your business during the policy period The bodily injury property damage or personal and advertising injury is caused by an occurrence that takes place anywhere in the world. 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 and 2 3 Prior to the policy period no insured listed under Paragraph 1. of SECTION 1l WHO IS AN INSURED and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of SECTION Il WHO IS AN INSURED or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of such bodily injury or property damage to us or any other insurer 2 Receives a written or oral demand or claim for damages because of such bodily injury or property damage or 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. if such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage had 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. Bodily injury or property damage which occurs during the policy period and which was not prior to the policy period known to have occurred or to have begun to occur by any Insured listed under Paragraph 1. of SECTION Il WHO IS AN INSURED or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or LCU 000111 10 2010 Liberty Mutual Group of Companies. Al rights reserved. Includes copyrighted material of Insurance Services Office inc. with its permission Page 2 of 30 | 1 |
nan nan nan nan 9.820140001300005e16 resumption of that bodily injury or property damage after the end of the policy period. As used in c.3 d. and e. above an insured listed under Paragraph 1. of SECTION il WHO IS AN INSURED does not include a stockholder who is not otherwise an insured. Exclusions This insurance does not apply to a. Expected or Intended injury Bodily injury or property damage arising out of an act that 1 Is intended by the insured or 2 Would be expected from the standpoint of a reasonable person in the circumstances of the insured to cause bodily injury or property damage even if the actual bodily injury or property damage is of a different degree or type than intended or expected. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. b. Contractual Liability Any obligation of the insured by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1 That the insured would have in the absence of the contract or agreement or 2 Because of bodily Injury or property damage assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a Liabllity to such party for or for the cost of that party s defense has also been assumed in the same insured contract and b Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. c. Liquor Liabllity 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 LCU 00011110 2010 Liberty Mutual Group of Companies. Al rights reserved. Includes copyrighted material of insurance Services Office with its permission. Page 3 of 30 | 1 |
nan nan nan nan 9.820140001300005e16 2 The furnishing of aicoholic 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 alcohofic beverages. This exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. This exclusion does not apply 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.. Workers Compensation and Similar Laws Any obligation of the insured under a workers compensation law disability benefits law unemployment compensation law or any similar law. E.RILS.A. Any obligation of the insured under the Employees Retirement Income Security Act E.R... S.A. and any amendments thereto or any similar federal state or local statute. Auto Coverages 1 Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others including the supervision hiring employment training or monitoring of others by the insured of any auto. Use includes operation and loading or unioading. This exciusion 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. Any loss cost or expense payable under or resuiting from a first party physical damage coverage no fault law personal injury protection or auto medical payments coverage or uninsured or underinsured motorist law except to the extent coverage is specifically provided by endorsement to this policy. 2 Employer s Liability Bodily injury to 1 An employee of the insured arising out of and in the course of a Employment by the insured or. b Performing duties related to the conduct of the insured s business or 2 The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. LCU 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office inc. with its permission. Page 4 of 30 | 1 |
nan nan nan nan 9.820140001300005e16 This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract. This exclusion does not apply however if the bodily 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 by this policy will be no broader than the coverage provided by underlying insurance. Employment Related Practices Bodily injury or personal and advertising injury to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment disciptine defamation harassment humiliation or discrimination directed at that person or 2 The spouse child parent brother or sister of that person as a consequence of bodily injury or personal and advertising injury to that person at whom any of the employment related practices described in Paragraphs 1a b or c above is directed. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. Pollution 1 Bodily injury property damage or personal and advertising injury which would not have occurred in whole or in part but for the actual alleged potential or threatened discharge dispersal seepage migration release or escape of pollutants at any time whether included in a product or otherwise.. Paragraph 1 of this exclusion does not apply to coverage described in a through e below if the bodily injury or property damage 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. a Bodily injury if sustained within a building which is or was at any time owned or occupied by or rented or loaned to any insured 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 M paElite M LCUo0001 1110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office inc. with its permission. Page 5 of 30 | 1 |
nan nan nan nan 9.820140001300005e16 b Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire unless that hostile fire occurred or originated i At any premises site or focation which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste or ii At any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behaif are performing operauons to test for monitor clean up remove contain treat detoxify neutralize or in any way respond to or assess the effects of poliutants Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids that are needed to perform normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels Iubricants or other operating fluids escape from a vehicle part designed to hold store or receive them but only if the escape of fuels lubricants or other operating fluids occurs 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 and the fuels lubricants or other operating fluids are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels Iubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or ocation with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor d 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 perfonned by you or on your behalf by a contractor or subcontractor or Bodily injury or property damage arising out of the escape of fuels lubricants fluids exhaust gases or other similar pollutants that are needed for or resuit from the normal electrical hydraulic or mechanical functioning of a covered auto or its parts if The poliutants escape seep migrate or are discharged dispersed or released directly from an auto part designed by its manufacturer to hold store receive or dispose of such poliutants and it The bodily injury or property damage does not arise out of the operation of any equipment shown in Paragraphs f2 and f3 of the definition of mobile equipment. 2 Pollution cost or expense. This exclusion 1. applies regardiess of whether such discharge dispersal seepage migration release or escape occurs inside or outside a building or whether such pollutant has any function in your business operations premises site or location. Aircraft or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or. LCU 00 01 11 10 2010 Liberty Mutual Group of Companies. All rights reserved. Inciudes copyrighted material of Insurance Services Office inc. with its permission. Page 6 of 30 | 1 |
nan nan nan nan 9.820140001300005e16 entrustment to others of any aircraft or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft or watercra owned or operated by or rented or loaned to any insured. This exclusion does not apply 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 wil be no broader than the coverage provided by underlying insurance War Bodily injury property damage or personal and advertising injury however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Damage to Property Property damage to 1 Property a YOA own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property or b Owned or transported by the insured and arising out of the ownership maintenance or use of a covered auto 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you 4 Property in the care custody or control of the insured 5 That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or LCU 00011110 2010 Liberty Mutual Group of Companies. All rights. reserved. includes copyrighted material of Insurance Services Office inc. with its permission. Page 7 of 30 | 1 |
nan nan nan nan 9.820140001300006e16 6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraph 2 of this exciusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 1b 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraphs 3 and 4 of this exclusion do not apply to liability assumed under a written Trailer Interchange agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard... Damage to Your Product Property damage to your product arising out of it or any part of it. Damage to Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. Damage to Impaired Property or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1 Adefect deficiency inadequacy or dangerous condition in your product or your work or i A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. Recall of Products Work or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or LCU00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 8 of 30 | 1 |
nan nan nan nan 9.820140001300006e16 dangerous condition in it. Personal and Advertising Injury Personal and advertising injury 1 Arising out of an offense committed by or on behalf of the insured that a Is intended by such insured or b Would be expected from the standpoint of a reasonable person in the circumstances of such insured to cause injury 2 Arising out of the oral or written publication 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 of material whose content in the same or substantially the same form was published in any medium before the beginning of the policy period 4 Arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement Arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement 6 Arising out of the wrong description of the price of goods products or services stated in your advertisement 7 Arising out of a Infringement of or any other violation relating to copyright patent trademark service mark trade name trade dress or other intellectual property right b Theft of trade secret c Misappropriation or d False advertising false marking false designation of origin or authenticity. However this Paragraph 7 does not apply to a Infringement of copyright trade dress or slogan committed in your advertisement b The unauthorized use in your advertisement of another s idea for an advertisement or c Oral or written publication of material that violates a person s right of privacy by misappropriation of that person s name or likeness 8 Committed by an insured whose business is LCU00 011110 2010 Liberty Mutual Group of Companies. Al rights reserved. Includes copyrighted material of Insurance Services Office inc. with its permission. Page 9 of 30 | 1 |
nan nan nan nan 9.820140001300006e16 9 10 1 12 a Advertising broadcasting printing publishing or telecasting b Designing or determining content of websites for others or c An Internet search access content or service provider. However this Paragraph 8 does not apply to Paragraphs a. b. and c. of the definition of personal and advertising injury under SECTION V DEFINITIONS. For purposes of this Paragraph 8 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 printing publishing or telecasting Arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control 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 Arising out of a criminal act committed by or at the direction of the insured or Arising out of the actual threatened or potential release disclosure or distribution of personal medical or financial information. r. Electronic Data Bodily injury property damage or personal and advertising injury arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. s. Asbestos Bodily injury property damage or personal and advertising injury arising out of or caused by or allegedly caused by asbestos either alone or in combination with other substances or factors. t. Fungi or Bacteria Bodily injury property damage or personal and advertising injury arising out of or related in any way to fungi or bacteria the exposure to fungi or bacteria or any claims arising from fungi or bacteria. This includes but is not limited to 2 Bodily injury property damage or personal and advertising injury which would not have occurred in whole or in part but for the actual alleged or threatened inhalation of ingestion of contact with exposure to existence or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed concurrently or in any sequence to such injury or damage or Any loss cost or expenses 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. This exclusion does not apply to any fungi or bacteria that are on or are contained in a good or LCU 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. includes copyrighted material of Insurance Services Office Inc. with its permission. Page 10 of 30 | 1 |
nan nan nan nan 9.820140001300006e16 product intended for humans to eat. u. Nuclear Energy 1 Bodily injury property damage or personal and advertising injury a With respect to which an 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 limit of insurance or b Resuiting from the hazardous properties of nuclear material and with respect to which i any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1854 or any law amendatory thereof or ii the insured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization. 2 Bodily injury property damage or personal and advertising injury resulting from the hazardous properties of nuclear material if a The nuclear material i is at any nuclear facility owned by or operated by or on behalf of an insured or ii has been discharged or dispersed therefrom b The nuclear material is contained in spent fuel or waste at any time possessed handled used processed stored transported or disposed of by or on behalf of an insured or The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this Paragraph c applies only to property damage to such nuclear facility and any property thereat. c As used in this exclusion 1 Hazardous properties includes radioactive toxic or explosive properties. 2 Nuclear material means source material special nuclear material or by product material. 3 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. 4 Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor. 5 Waste means any waste material LCU 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office inc. with its permission. Page 11 of 30 | 1 |
nan nan nan nan 9.820140001300006e16 a containing by product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or organization of any nudear facility included under the first two paragraphs of the definition of nuclear facility. 6 Nuclear facility means a Any nuclear reactor b Any equipment or device designed or used for i separating the isotopes of uranium or plutonium ii processing or utilizing spent fuel or iif handling processing or packaging waste Any equipment or device used for the processing fabricating or alloying of speciat nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device Is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 c d Any structure basin excavation premises or place prepared or used for the storage or disposal of waste. and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. 7 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. 8 Property damage includes all forms of radioactive contamination of property. v. Recording And Dlstrlbutlon Of Material Or Information n Violation Of Law Exclusion Bodily injury property damage or personal and advertising injury arising directly or indirectly out of any action or omission that violates or is alleged to violate 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 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. CU 00011110 2010 Liberty Mutual Group of Companies. All rights Page 12 of 30 reserved. Includes copyrighted material of Insurance Services Office inc. with its permission. LCU 000111 10 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office inc. with its permission. | 1 |
nan nan nan nan 9.820140001300006e16 w. Drivers Privacy Protection Act Bodily injury property damage or personal and advertising injury arising directly or indirectly out of any action or omission that violates or is alleged to violate the Drivers Privacy Protection Act of 1994 DPPA including any amendment of or addition to such law. Unlawful Discrimination Bodily injury property damage or personal and advertising injury arising out of unlawful discrimination. Radioactive Matter Bodily injury property damage or personal and advertising injury arising out of related in any way to caused by or allegedly caused by any exposure to or the presence of radiation andor radioactive matter either alone together or in combination with other substances or factors whether included in a product or otherwise. Securities Bodily injury property damage or personal and advertising injury arising out of related in any way to caused by or allegedly caused by 1 Any violation of any securities law or any law or part of any law that regulates the sale purchase offer for sale transfer or solicitation of securities or any regulation promuigated thereunder. 2 The purchase sale offer of sale transfer or solicitation of any security debt insurance policy bank deposit or financial interest or instrument 3 Any representations made at any time in relation to the price or value of any security debt insurance policy bank deposit or financial interest or instrument or 4 Any depreciation or decline in price or value of any security debt insurance policy bank deposit or financial interest or instrument. 3. Supplementary Payments a. We will pay with respect to any claim we investigate or settle or any suit against the insured we defend 1 All expenses we incur. 2 The premium for bonds to release attachments but only for bond amounts within the applicable limit of insurance. We do not have to furnish these bonds. 3 All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings because of time off from work but not including the salaries of the insured s employees and in no event more than 250 a day. 4 All court costs taxed against the insured in the suit. However these payments do not LCuU 000111 10 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office inc. with its permission. Page 13 of 30 | 1 |
nan nan nan nan 9.820140001300006e16 include attorneys fees or attorneys expenses taxed against the insured. 5 Prejudgment interest awarded against the insured on that part of the judgment we pay. However if we make a settlement offer within the applicable limit of insurance of this policy that is acceptable to the claimant or make an offer to pay the applicable limit of insurance we will not pay any prejudgment interest accruing after we make such offer. 6 Post judgment interest awarded against the insured on that part of the judgment we pay that accrues after the judgment and before we have paid offered to pay or deposited in court the part of the Judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. When we have the right but not the duty to defend the insured and elect to participate in the defense we will pay our own expenses but will not contribute to the expenses of the insured or the underlying insurer. insured against a suit and an indemnitee of the insured is also named as a we will defend that indemnitee if all of the following conditions are met If we defend a party to the sui 1 The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract 2 This insurance applies to such liability assumed by the insured 3 The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract 4 The allegations in the suit and the information we know about the occurrence are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee 5 The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and 6 The indemnitee a Agrees in writing to i Cooperate with us in the investigation settlement or defense of the suit i Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit iii Notify any other insurer whose coverage is available to the indemnitee and iv Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and b Provides us with written authorization to i Obtain records and other information related to the suit and LCu 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Cffice. with iis permission. Page 14 of 30 | 1 |
nan nan nan nan 9.820140001300006e16 if Conduct and control the defense of the indemnitee in such suit. So long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incured by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 2.b.2 of SECTION COVERAGES such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when we have used up the applicable limit of insurance in the payment of judgments or settlements or the conditions set forth above or the terms of the agreement described in Paragraph 6 above are no longer met. SECTION Il WHO IS AN INSURED 1. If you are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. Each of the following is also an insured a. Your volunteer workers but only while performing duties related to the conduct of your business your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a coemployee in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business b To the spouse child parent brother or sister of that coemployee or volunteer worker Lcuooo11110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office inc. with its permission. Page 15 of 30 | 1 |
nan nan nan nan 9.820140001300006e16 f. as a consequence of Paragraph 1a above c For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs 1a or b above d Arising out of his or her providing or failing to provide professional health care services or e Avrising out of practicing for or participating in any sports or athletic contest or exhibition that you sponsor unless the employee or volunteer worker is an insured for the bodily injury or personal and advertising injury on underlying insurance. 2 Property damage to property a Owned occupied used by b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. 3 Bodily injury property damage or personal and advertising injury arising out of the ownership maintenance or use of an auto except as provided in Paragraph f. below. Any person other than your employee or any organization while acting as your real estate manager but this does not apply with respect to the use of any vehicle owned by such person or organization. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this policy. Any person or organization included as an additional insured under underlying insurance but not for broader coverage than is provided by the underlying insurance. When coverage provided to an additional insured is required by a contract or agreement the most we will pay on behalf of that additional insured is the minimum amount of insurance required by the contract or agreement less any amounts payable by any underlying insurance or otherwise retained. Any person while using with your permission a covered auto for which insurance is provided to you under this policy and any person or organization legally responsible for its use but only if that person is an insured with respect to liability arising out of the ownership maintenance use or entrustment to others of covered autos on underlying insurance. 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 LCu 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Ofce Inc. with its permission. Page 16 of 30 | 1 |
nan nan nan nan 9.820140001300006e16 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 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. No person or organization is an insured with respect to the conduct of any curent or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION lil LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought or c. Persons or organizations making claims or bringing suits 2. The General Aggregate Limit is the most we will pay for the sum of all damages except damages because of a. Injury or damage included in the products completed operations hazard and b. Injury or damage arising out of the ownership maintenance use or entrustment to others of an auto. 3. The Products Completed Operations Aggregate Limit is the most we will pay for the sum of all damages for bodily injury and property damage included in the products completed operations hazard. 4. Subject to Paragraph 2. or 3. above if either applies the Each Occurrence Limit is the most we will pay for the sum of damages because of all injury or damage arising out of any one occurrence. 5. The Limits of Insurance 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 tast preceding period for purposes of determining the Limits of Insurance. 6. For the purposes of applying the Each Occurrence limit a. Al bodily injury and property damage arising out of continuous or repeated exposure to substantially the same general harmful conditions will be considered as the result of one occurrence and b. All personal and advertising injury arising out of a series of related offenses including all repetitions or reproductions will be considered as the result of one and the same occurrence. Two or more offenses within the definition of personal and advertising injury each of which LCU 00011110 2010 Liberty Mutual Group of Companies. Al rights reserved. Inciudes copyrighted material of Insurance Services Office Inc. with its permission. Page 17 of 30 | 1 |
nan nan nan nan 9.820140001300006e16 involves publication of material will not be deemed to be more than one occurrence merely because the material in one publication is not identical to the material in another publication or because the publications are made in different media. SECTION IV CONDITIONS 1. Appeals If the insured or the underlying insurers elect not to appeal a judgment that may require payments under this policy we may elect to make such appeal at our own cost. If we appeal we then will be liable for the taxable costs expenses and interest incidental to the appeal which will be in addition to the limits of insurance of this policy unless provided otherwise on any underlying insurance. If we appeal the insured will cooperate with us at our request and at our expense in the prosecution of the appeal. Bankruptcy a. Bankruptcy or insolvency of the insured or the insured s estate will not relieve us of our obligation under this policy. b. Bankruptcy of an underlying insurer will not relieve us of our obligations under this policy. However this insurance will not replace the insurance afforded by the underlying insurance in the event of the bankruptey insolvency or any other inability to pay of the underlying insurer or the insured to the extent it is self insured. This insurance will apply as if the underlying insurance were in full effect. Duties in the Event of Occurrence Claim or Suit a. You must see to it that we are notified promptly of any occurrence which may result in a claim to which this insurance might apply even if the insured must satisfy a retained limit before this insurance applies. To the extent possible notice should include 1 How when and where the occurrence took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence. b. If a claim is made or suit is brought to which this policy may apply you must see to it that we receive prompt written notice of the claim or suit even if the insured must satisfy a retained limit before this insurance applies. You must notify us if an applicable limit of underlying insurance is exhausted even if we do not have a duty to defend. c. Youand any 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 settiement or defense of the claim or suit Lcu oo 011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Page 18 0f30 | 1 |
nan nan nan nan 9.820140001300006e16 4 At our request instruct all insurers that issued underlying insurance to cooperate with us in our handling of the claim or suit and make available all materials and documents in their claims files and 5 Assist us upon our request in the enforcement of any rights against any person or organization which may. be liable to the insured because of injury or damage to which this insurance may alsoapply d. No insureds will except at their own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. e. In addition to the notice requirement of Paragraph 3.a. above you must promptly notify us if 1 Any occurrence results in any of the following injuries a Adeath h An amputation of any extremity c Any serious head or brain injury including skull lracture or loss of sight of either or both eyes d Any injury to the spinal cord paraplegia or quadriplegia e Serious burns or f Any other serious bodily injury which the insured befieves is likely to involve this policy 2 Any suit to which this insurance may apply is a class action lawsuit or 3 You expect the injury or damage from any occurrence to exceed 50 of the retained limit. As used in this Paragraph 3. promptly means as soon as practicable after knowledge of the occurrence has been reported to an executive officer of the insured or to the employee designated by the insured to give us notice. Legal Action Against Us No person or organization has the right under this policy a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this policy unless all of its terms have been fully complied with. If a person or organization sues us to recover on an agreed settlement or on a final judgment against an insured we will not be liable for damages that are not payable under the terms of this policy or that are in excess of the applicable fimit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. Other insurance This insurance is excess over and will not share or contribute with any other insurance whether primary excess contingent or on any other basis. This condition will not apply to insurance LCU 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 19 of 30 | 1 |
nan nan nan nan 9.820140001300006e16 specifically written as excess over this policy. Audit and Premium a. b. You agree to pay the premium when due. The Premium shown as Advance Premium on the Declarations is flat charge unless a rate is shown. If a rate is shown on the policy s Declarations the Advance Premium shown in the Declarations is an estimated premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the First Named insured. The due date for audit premiums is the date shown as the due date on the bill. If the sum of the Advance and audit premiums pald for the policy period is greater than the earned premium we will return the excess to the First Named Insured subject to the Minimum Premium if any shown in the Declarations. The First Named Insured must keep records of the information we need for premium computation and make available to us or send us this information at such times as we may request. We may examine your books and records as they relate to this policy at any time during the policy period and for up to three 3 years after the expiration or termination of this policy. We may at our option make an additional premium charge for any organization that you acquire or form during the policy period. Representations or Fraud By accepting this policy you agree The statements in the Declarations are accurate complete and based on information and representations you provided or made to us We have issued this policy in reliance upon your information and representations The policy will be void in any case of fraud by you as it relates to this policy or any claim under this policy This policy will provide no coverage for any claim in the event you have made a material misrepresentation that refates to that claim without regard to whether such misrepresentation occeurs before during or after the policy period and There will not be coverage under this policy for hazards you fail to disclose at the inception of the policy period except that unintentional failure of the Named Insured to disclose all hazards existing at the inception of this poficy shall not be a basis for deniat of any coverage afforded by this policy. However you must report the hazard to us as soon as practical after discovering the failure to disclose. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non renewal. 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 LCuo00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 20 of 30 | 1 |
nan nan nan nan 9.820140001300006e16 a. b. As if each Named Insured were the only Named Insured and Separately to each insured against whom claim is made or suit is brought. 9. Transfer of Rights of Recovery Against Others to Us a. If any 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 will do all that is necessary to secure such rights and must help us enforce them. The insured will do nothing after loss to prejudice such rights. Any recoveries shall be applied as follows 1 Any person or organization including the insured that has paid an amount in excess of the applicable limit of insurance of this policy will be reimbursed first 2 We then will be reimbursed up to the amount we have paid and 3 Lastly any person or organization including the insured that has paid an amount over which this policy is excess is entitied to claim the remainder. Expenses incurred by us in the exercise of the rights of recovery shall be apportioned among the persons or organizations including the insured in the ratio of their respective recoveries as finally settled. 10. Cancellation and Non Renewal a. The First Named Insured shown in the Declarations may cancel this policy by mailing or to us advance written notice of canceflation. We may cancel this policy by mailing or delivering to the First Named Insured written notice of cancellation at least 1 10 days before the effective date of cancellation if we cancel for nonpayment of premium or 2 30 days before the effective date of cancellation if we cancel for any other reason. 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 at 1201 AM. 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 based upon the portion of the original policy period that the policy was actually in effect. If the First Named Insured cancels the refund will be less than pro rata and will be subject to the Minimum Premium if any shown in the Declarations. The cancellation will be effective even if we have not made or offered a refund. Our check mailed or delivered shall be sufficient tender of any refund due you. If we decide not to renew this policy we will mail or deliver to the First Named nsured shown in the Declarations written notice of the non renewal not less than 30 days before the expiration date. if notice is mailed proof of mailing will be sufficient proof of notice. LCU 00011110 2010 Liberty Mutual Group of Companies. All rights Page 21 of 30 reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 21 of 30 | 1 |
nan nan nan nan 9.820140001300006e16 11. Inspection 12. 13. We have the right but are not obligated to inspect your premises and operations at any time. Our inspections are not safety inspections. They relate only to the insurability of your premises and operations and the premiums to be charged. We may give you reports on the conditions that we find. We may also recommend changes. However we do not undertake to perform the duty of you or any person or organization to provide for the health or safety of your employees or the public. We do not warrant the heaith and safety conditions of your premises or operations nor do we represent or certify that your premises or operations comply with laws regulations codes or standards. This condition applies not only to us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys reports or recommendations for us. Named Insureds a. The First Named Insured is authorized to act and agrees to act on behalf of all persons or organizations insured under this policy with respect to all matters pertaining to the insurance afforded by the policy. b. Each Named Insured is jointly and severally liable for 1 All premiums due under this policy and 2 Any other financial obligations of any Named Insured to us arising out of any agreements contained in this policy. Maintenance of Underlying Insurance Throughout the policy period you must ensure that a. Underlying insurance that is self insurance provides coverage at least as broad as the coverage provided under this policy b. All underlying insurance remains in effect c. The terms definitions conditions and exclusions of all underlying insurance do not materially change d. The total applicable limits of all underlying insurance do not decrease except for any reduction or exhaustion of aggregate limits by payment of Judgments or settlements and e. Any renewals or replacements of any underlying insurance provide equivalent coverage to and afford limits of insurance equal to or greater than the policy being renewed or replaced. If you fail to comply with Paragraphs b. through e. above regardless of the reason or reasons this policy s coverage will apply as if the underlying insurance were still in full effect with the terms definitions conditions exclusions and limits that existed on the effective date of this policy. However if an exclusion is added to underlying insurance after the effective date of this policy then such exclusion is automatically added to this policy effective on the same date that it was effective on the underlying insurance. Page 22 of 30 Lcu 0o 01 11 10 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted materia of Insurance Services Ofiice Inc. with its permission. | 1 |
nan nan nan nan 9.820140001300006e16 14. 15. Transfer of Your Rights and Duties Your rights and duties under this policy may not be transferred without our written consent. If you die or are legally declared bankrupt 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 representatives is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. However in such event notice of cancellation of this policy sent to the First Named Insured and mailed to the address shown in this policy will be sufficient notice to effect canceliation of this policy. Changes This policy contains all the agreements between you and us concerning the insurance afforded. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy. SECTION V DEFINITIONS 1. Advertisement means a paid announcement that is broadcast or published in the print broadcast or electronic media to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition a. Announcements that are published mclude 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 purposes 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 induding any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However auto does not include mobile equipment. Bodily injury means a. Bodily injury sickness or disease sustained by a person including death resulting from any of these at any time and b. Mental anguish or injury shock or humiliation arising out of injury as defined in Paragraph a. above. Bodily injury does not include injury that falls within the definition of personal and advertising injury. Covered auto means only an auto for which coverage is provided on underlying insurance. Electronic data means information facts or programs stored as or on created or used on or LCU 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of insurance Services Oftice Inc. with its permission. Page 23 of 30 | 1 |
nan nan nan nan 9.820140001300006e16 transmitted to or from computer software including but not limited to 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.. Employee includes a leased worker. Employee does not include a temporary worker. Executive officer means a person holding any of the officer positions created by your charter constitution by laws or any other similar governing document. Fungi mean any type or form of fungus including mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. 10. impaired property means tangible property other than your product or your work that can not be used or is less useful because a. It incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by a. The repair replacement adjustment or removal of your product or your work or b. Your fulfilling the terms of the contract or agreement. 11. Insured contract means a. A contract for lease of premises However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract b. Asidetrack agreement c. Any easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad d. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality e. An elevator maintenance agreement f. That part of any contract or agreement entered into as part of your business pertaining to the rental or lease by you or any of your employees of any auto. However such contract or agreement shall not be considered an insured contract to the extent that it obligates you or any of your employees to pay for property damage to any auto rented or leased by you or any of your employees or g. That part of any other contract or agreement pertaining to your business inciuding an indemnification of a municipality in connection with work performed for a municipality under LCU00011110 2010 Liberty Mutual Group of Companies. All rights Page 24 of 30 reserved. Includes copyrighted material of Insurance Services Office inc. with its permission. Page 24 of 30 | 1 |
nan nan nan nan 9.820140001300008e16 which you assume the tort liability of another party to pay for bodily injury or property damage to a third person or organization provided the bodily injury or property damage is caused in whole or in part by you or by those acting on your behalf. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraphs f. and g. above do not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing 2 That pertains to the loan lease or rental of an auto to you or any of your employees if the auto is loaned leased or rented with a driver That holds a person or organization engaged in the business of transporting property by auto for hire harmless for your use of a covered auto over a route or territory that the person or organization is authorized to serve by public authority 3 That indemnifies an architect engineer or surveyor for injury or damage arising out of 4 a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders 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 5 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 listed in Paragraph 4 above and supervisory inspection architectural or engineering activities. 12. Leased worker means a person leased to you by a abor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker dos not include a temporary worker. 13. Loading or unloading means the handling of property a. After it is moved from the place where it Is accepted for movement into or onto an aircraft watercraft or auto While it is in or on an aircraft watercraft or auto or 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. 14. 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 LCU 00011110 2010 Liberty Mutual Group of Companies. All rights Page 25 of 30 reserved. Includes copyrighted material of Insurance Services Cffice inc. with ils permission. Page 25 of 30 | 1 |
nan nan nan nan 9.820140001300008e16 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 seif propelied 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 Paragraphs 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 and f. Vehicles not described in Paragraphs a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and weil servicing equipment. However mobile equipment does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where such vehicles are licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. 15. Occurrence means a. With respect to bodily injury or property damage an accident including continuous or repeated exposure to substantially the same general harmful conditions or b. With respect to personal and advertising injury an offense or series of related offenses. Lcuoo011110 2010 Liberty Mutual Group of Companies. Ali rights reserved. Includes copyrighted material of Insurance Services Cffice inc. wilh iis permission F Page 26 of 30 | 1 |
nan nan nan nan 9.820140001300008e16 16. Other insurance means b. Any valid and collectible insurance except underlying insurance that insures any insured even if the coverage is unavaitable or uncollectible as a consequence of a breach by any insured under this policy of the terms or conditions of that insurance plus Any amount retained under any self insurance program that is not underlying insurance. Other insurance does not include any insurance specifically written as excess over this policy. 17. Personai and advertising injury means injury caused by one or more of the following offenses a. b. c. f. g. False arrest detention or imprisonment Malicious prosecution 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 directly to the public at large 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 1 Oral or written publication directly to the public at large in any manner of material that violates a person s right of privacy or 2 Oral or written publication of material in any manner that violates a person s right of privacy by misappropriation of that person s name or likeness The use of another s advertising idea in your advertisement or Infringing upon another s copyright trade dress or slogan in your advertise ment. Bodily Injury that arises out of personal and advertising injury will be considered personal and advertising injury. 18. Pollutants mean any solid liquid gaseous or thermal imitant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. 19. Pollution cost or expense means any loss cost or expense arising out of any Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of poliutants or Claim or suit by or on behalf of a government 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 poilutants. Lcu 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted matenial of Insurance Services Office inc. with its permission. Page 27 of 30 | 1 |
nan nan nan nan 9.820140001300008e16 20. Products completed operations hazard a. Includes all bodily injury and property damage occurring away from premises you own or rent and asising out of your product or your work except 1 Products that are still in your physical possession or 2 Work that has not yet been completed or abandoned. Your work will be deemed completed at the earliest of the following times a When all of the work called for in your contract has been completed. b When all of the work to be done at the site has been completed if your contract calls for work at more than one site. c 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 compieted. b. This hazard does not include bodily injury or property damage arising out of 1. The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned by you created by the loading or unloading of that vehicle by any insured or 2 The existence of tools uninstalled equipment or abandoned or unused materials. 21. Property damage means a. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. 22. Publication means an Insured s act of disseminating or broadcasting material or information Publication does not include the wrongful appropriation interception or retrieval of material or information by a third party or the insured s dissemination or broadcasting of material or information to a person who is the subject of the material or the information. 23. Radiation andor radioactive matter includes but is not limited to ionizing radiation either directly from unstable atomic nuclei or atoms or as a consequence of a nuclear reaction radioactive isotopes alpha or beta particles or rays gamma rays X Rays photons nucleons including protons neutrons and electrons. 24. Retained limit means as to each occurrence a. The total applicable limits of the underlying insurance plus any applicable other insurance. LCU 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office inc. with its permission. Page 28 of 30 | 1 |
nan nan nan nan 9.820140001300008e16 25. 26. However if the sum of the underlying insurance pius the other insurance is 1 Greater than the amount listed in the Declarations under the Schedule for that underlying insurance our retained limit will be the greater amount or 2 Less than the amount listed in the Declarations under the Schedule for that underlying insurance our retained limit will be the amount listed in the Schedule. The retained limit will be reduced by the amount by which the applicable underlying insurance has been reduced due to the reduction or exhaustion of the applicable aggregate limit of insurance by payment of judgments or settlements. The retained limit will not be reduced or exhausted by defense costs loss adjustment expenses supplementary payments or similar amounts that reduce or exhaust the policy limits of underlying insurance. If some or all of the underlying insurance is not available due to breach of policy condition our retained limit will be the amount listed in the Declarations under the Schedule for that underlying insurance plus other insurance. b. If there is no applicable underlying insurance our retained fimit will equal the greater of the Self Insured Retention shown in the Declarations or any applicable other insurance. The Self Insured Retention will be reduced by Supplementary Payments we pay in the investigation or settlement of any claim or in the defense of any suit against the insured we defend. The Self Insured Retention does not apply to occurrences that would have been covered by underlying insurance but for the exhaustion of applicable limits. In calculating the extent to which the underlying aggregate limits have been reduced or exhausted the retained limit in Paragraph a. above will be reduced only by payment of judgments or settlements because of bodily injury and property damage that occurs during our policy period and personal and advertising injury that is caused by an offense arising out of your business during our policy period. 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 and can be awarded. Suit includes a. An arbitration proceeding in which such damages are claimed and can be awarded and to which the insured must submit or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and can be awarded and to which the insured submits with our consent. 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. Underlying insurance means any policies of insurance or self insurance listed in the Declarations under the Schedule of underlying insurance.. Underlying insurer means any insurer who provides any policy of insurance listed in the Declarations under the Schedule of underlying insurance and any insurer who provides other insurance.. Lcuoooi 1110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes copyrighted material of Insurance Services Office inc. with iis permission. Page 29 of 30 | 1 |
nan nan nan nan 9.820140001300008e16 29. 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 detemmined by you and who is not paid a fee salary or other compensation. by you or anyone else for their work performed for you. 30. Your product Means 1 Any goods or products other than real property manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. b. includes 1 Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2 The providing of or failure to provide warings or Instructions.. Does not include vending machines or other property rented to or located for the use of others but not soid. 31. Your work a. Means 1 Work or operations performed by you or on your behalf and 2 Materials parts or equipment furnished in connection with such work or operations. b. Includes 1 Warranties or representations made at any time with respect to the fitness quality durabiiity performance or use of your work and 2 The providing of or failure to provide warnings or instructions. LCU 00011110 2010 Liberty Mutual Group of Companies. All rights reserved. Includes oopyrlghted material of Insurance Services ffice Inc. its permissiun. Page 30 of 30 | 1 |
nan nan nan nan 9.820140001300008e16 IMPORTANT NOTICE REGARDING THE EXPIRATION OF THE TERRORISM RISK INSURANCE ACT AND THE REDUCTION IN COVERAGE FOR TERRORISM LOSSES PLEASE READ THIS NOTICE CAREFULLY This is to notify you of a reduction in coverage for terrorism losses under your insurance policy when the Terrorism Risk Insurance Act TRIA expires which is scheduled to occur on December 31 2014. This notice DOES NOT apply to Workers Compensation insurance. TRIA as amended is a temporary program that spreads losses from government certified acts of terorism between insurers and the federal government. In summary TRIA requires insurers to make coverage for certified acts of terrorism available and to pay losses from certified acts of terrorism up to a deductible amount. If an individual insurer s losses exceed this amount the government will reimburse the insurer for 85 of losses paid in excess of the deductible. Policyholders have the option to accept or reject this coverage. TRIA will expire on December 31 2014 unless Congress and the President act to extend it. Otherwise after 2014 the federal government will no longer certify acts of terrorism or reimburse losses caused by certified acts of terrorism. If you purchase coverage for certified acts of terrorism and TRIA expires on or after December 31 2014 your insurance coverage will be reduced. After the date TRIA expires where permitted by state law you will no longer have insurance for losses from acts of terrorism that directly or indirectly involve nuclear or radioactive agents or materials or pathogenic or poisonous biological or chemical agents or materials NBCR. If you elect not to purchase coverage for certified acts of terrorism and TRIA expires on or after December 31 2014 losses caused by any terrorist act will be excluded from your policy where permitted by state law. Some states including New York and Florida may not approve or allow the use of certain exclusions related to acts of terrorism. Therefore exclusions for losses caused by acts of terrorism may not apply in all states. 2014 Liberty Mutual Insurance. All rights reserved. CNI 90 07 0114 Page 10f 1 | 2 |
nan nan nan nan 9.820140001300008e16 POLICYHOLDER DISCLOSURE TERRORISM RISK INSURANCE ACT THIS ENDORSEMENT IS MADE PART OF YOUR POLICY PURSUANT TO THE TERRORISM RISK INSURANCE ACT. In accordance with the Terrorism Risk Insurance Act including all amendments TRIA or the Act we are required to provide you with a notice of the portion of your premium attributable to coverage for certified acts of terrorism the federal share of payment of losses from such acts and the limitation or cap on our liability under the Act. Disclosure of Premium The Company has made available coverage for certified acts of terorism as defined in the Act. If purchased the portion of your premium attributable to coverage for certified acts of terrorism is shown in the Declarations Declarations Extension Schedule or elsewhere by endorsement in your policy. Federal Participation In Payment Of Terrorism Losses If an individual insurer s losses exceed a deductible amount specified in the Act the federal government will reimburse the insurer for 85 of losses paid in excess of the deductible provided that aggregate industry losses from a certified act of terrorism exceed 100 million. Cap On Insurer Participation In Payment Of Terrorism Losses If aggregate insured losses attributable to certified acts of terrorism exceed 100 billion in a calendar year and we have met our deductible under the Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion. Nor shall Treasury make any payment for any portion of the amount of such losses that exceeds 100 billion. In such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. Page 1 0f 1 SNI9002 1110 | 2 |
nan nan nan nan 9.820140001300008e16 Policy Number TH7 Z91 460730 044 Issued by LIBERTY INSURANCE CORPORATION PARTICIPATING PROVISION You may be eligible to participate in the distribution of surplus funds of the company through any dividends that may be deciared for this policy. A declaration or payment of dividends is not guaranteed. The amount of any dividends that may be declared shall be to the extent and upon the conditions fixed and determined by the Board of Directors and in compliance with any laws that apply. In witness whereof the company has caused this policy to be signed by its President and its Secretary. EEEEEEEEE Dexclor. j a SECRETARY 2013 Liberty Mutual Insurance. Al rights reserved. Page 1 of1 LIL 90 0506 13 | 2 |
Umbrella Liability Business Insurance Policy THE HARTFORD Form XL 00 07 03 14 | 2 |
UMBRELLA LIABILITY POLICY QUICK REFERENCE READ YOUR POLICY CAREFULLY This quick reference page has been designed to help you find easily the information you are looking for. In the DECLARATIONS PAGE you will find specifics of your policy including Your Name and Address Policy Period 8 Limits of Insurance 2 Premium 3 Form Numbers of Endorsements that apply. In the form titled UMBRELLA LIABILITY POLICY POLICY PROVISIONS you will find under s 2 SECTION Explanation of INSURING AGREEMENTS AND EXCLUSIONS I 1 Provisions for INVESTIGATION DEFENSE SETTLEMENT S m Explanation of WHO IS AN INSURED E v Explanation of LIMITS OF INSURANCE v NUCLEAR ENERGY LIABILITY EXCLUSION vi Policy CONDITIONS i DEFINITIONS of certain policy terms In Section VI you will find a number of conditions that apply to this policy. They are Premium Inspection and Audit Changes Separation of Insureds Maintenance of Underlying Insurance Cancellation Duties in the Event of Occurrence Claim or Suit Assistance and Cooperation of the Insured Legal Action Against Us Appeals Other Insurance Transfer of Rights of Recovery Against Others to Us Non Renewal Workers Compensation Agreement Bankruptcy or Insolvency Representations IGMMOO D TozEr Xeo In Witness Whereof our President and a Secretary have signed this policy. Where required by law the declarations page has been countersigned by our duly authorized representative. sov Fn e Soe Lisa Levin Secretary Porgln St Douglas Elliot President Form XL 70 00 12 06 | 2 |
THE y HARTFORD 00107 k 3 o g 2 IN o o 3 UMBRELLA LIABILITY POLICY DECLARATIONS INSURER HARTFORD CASUALTY INSURANCE COMPANY ONE HARTFORD PLAZA HARTFORD CT 06155 POLICY NUMBER 37 RHUNJ9666 K3 Ha RENEWAL OF 37 RHU NJ9666 items 1. Named Insured and Mailing Address GENERALI U.S. BRANCH SEE IH1204 250 GREENWICH ST FL 33 NEW YORK NY 10007 NEW YORK COUNTY 2. Policy Period From 070115 To 070116 1201 A.M Standard Time at mailing address shown above. 3. Agent Broker Name LOCKTON COMPANIES LLC 4. Audit Period NOT SUBJECT TO AUDIT ADVANCE PREMIUM RATE PER 5. Premium 9218.00 NJPLGA SURCHARGE 2.00 FL FIGA REG 2011 0.18 6. Self Insured Retention 10000 each occurrence mT 7. Limits of Insurance The Limits of Insurance subject to all of the terms of this policy are General Aggregate Limit Other than Products Completed Operations Bodily Injury By Disease and Automobile Products Completed Operations Aggregate Limit Bodily Injury By Disease Aggregate Limit Each Occurrence Limit w o w 8. Underlying Insurance Policies See attached Schedule 9. This policy consists of a This Declarations b The Schedule of Underlying Insurance Policies XL00050502 c The Policy Provisions XL00030605 d The Policy Cover XL00070314 e Any Endorsements shown below. Endorsements forming part of this policy when issued XL70001206 IH03130611 IH09850115 IH12040312 IH99400409 IH99410409 XL01031210 XL04390499 XL21040786 XL21050786 XL21070786 XL21241100 LISTING OF ADDITIONAL FORM NUMBERS CONTINUED ON A SUBSEQUENT PAGE SwennK Coothmemto Aanntarcinnad b PREMIUM PER BASIS 2.00 0.18 RATE 10000000 10000000 10000000 10000000 Sweran. Cratbreatar Countersigned by Where required by law Authorized Representative 063015 Date Form XLY0GT R b7 PAGE 1 CONTINUED ON NEXT PAGE | 2 |
UMBRELLA LIABILITY POLICY DECLARATIONS Continued POLICY NUMBER 37 RHU NJ9666 ENDORSEMENTS FORMING A PART OF THIS POLICY WHEN ISSUED CONTINUED XL21631100 XL21820393 XL22940795 XL23130803 XL23140803 XL23150803 XL23160803 XL23220904 XL23251210 XL23300115 XL24131210 XL24141210 XL24430699 XL24601209 IH12011185 EXCLUSION DESIGNATED PROFESSIONAL SERVICES IH12011185 EXCLUSION DESIGNATED OPERATIONS Form XL 00 01 01 07 PAGE 2 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO CERTIFICATE HOLDERS This policy is subject to the following additional Conditions A. If this policy is cancelled by the Company other than for nonpayment of premium notice of such cancellation will be provided at least thirty 30 days in advance of the cancellation effective date to the certificate holders with mailing addresses on file with the agent of record or the Company. If this policy is cancelled by the Company for nonpayment of premium or by the insured notice of such canceilation will be provided within 10 days of the cancellation effective date to the certificate holders with mailing addresses on file with the agent of record or the Company. 00108 1400237NJ96660101 o If notice is mailed proof of mailing to the last known mailing address of the certificate holders on file with the agent of record or the Company will be sufficient proof of notice. Any notification rights provided by this endorsement apply only to active certificate holders who were issued a certificate of insurance applicable to this policy s term. Failure to provide such notice to the certificate holders will not amend or extend the date the cancellation becomes effective nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the Company or its agents or representatives. Form H 03 13 06 11 Page 1 of 1 2011 The Hartford | 2 |
SCHEDULE OF UNDERLYING INSURANCE POLICIES POLICY NUMBER 37 RHUNJ9666 This schedule forms a part of the policy designated herein. Named Insured and Mailing Address GENERALI U.S. BRANCH SEE IH1204 250 GREENWICH ST FL 33 NEW YORK NY 10007 3 NEW YORK COUNTY 1 g Insurer Policy Number and Period Type of Coverage Applicable Limits A HARTFORD INSURANCE COMPANY OF THE MIDWEST s 37 WE TF3826 S 070115 TO 070116 e Employers Liability Bodily Injury Limit a 1000000 2 o 1000000 Q S S 1000000 B SENTINEL INSURANCE COMPANY LIMITED 37 UUN IS5551 070115 TO 070116 Commercial Auto Liability Single Liability Limit written to include all owned 1000000 non owned and hired autos Split Liability Limits except as listed below C HARTFORD CASUALTY INSURANCE COMPANY 37 UUN IS5551 070115 TO 070116 Commercial General Liability 1000000 written to include all coverages of CGO0001 or HGO001 except as 1000000 listed below 2000000 2000000 Employers Liability Bodily Injury Limit 1000000 1000000 1000000 Each accident by accident Policy limit by disease Each employee by disease Commercial Auto Liability written to include all owned non owned and hired autos except as listed below Single Liability Limit 1000000 Split Liability Limits Each accident Bodily injury each person Bodity injury each accident Property damage each accident Commercial General Liability 1000000 written to include all coverages of CGO0001 or HGO001 except as 1000000 listed below 2000000 Each occurrence limit Personal and advertising injury limit General aggregate limit other than products completed operations Products completed operations aggregate limit 2000000 Form XL 00 05 05 02 PAGE 1 CONTINUED ON NEXT PAGE | 2 |
SCHEDULE OF UNDERLYING INSURANCE POLICIES Continued POLICY NUMBER 37 RHU NJ9666 Insurer Policy Number and Period Type of Coverage D Other Specity HARTFORD CASUALTY INSURANCE COMPANY 37 UUN IS5551 070115 TO 070116 Applicable Limits 1000000 EACH CLAIM LIMIT 2000000 AGGREGATE LIMIT EMPLOYEE BENEFITS LIABILITY Note Maintenance of Underlying Insurance Condition Except that in any jurisdiction where the amount of Employers Liability Coverage afforded by the underlying insurer is by law unlimited the limit stated does not apply and the policy of which this schedule forms a part shall afford no insurance with respect to Employars Liability in such jurisdiction. PAGE 2 Form XL 00 05 05 02 | 2 |
UMBRELLA LIABILITY POLICY PROVISIONS 00110 w 1400237NJ96660101 In this policy the words you and your refer to the Named Insured first shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. We us and our refer to the stock insurance company member of The Hartford Financial Services Group Inc. shown in the Declarations. Other words and phrases that appear in quotation marks also have special meaning. Refer to DEFINITIONS Section ViI. IN RETURN FOR THE PAYMENT OF THE PREMIUM in reliance upon the statements in the Declarations made a part hereof and subject to all of the terms of this policy we agree with you as follows SECTION COVERAGES INSURING AGREEMENTS A. Umbrella Liability Insurance 1. We will pay those sums that the insured becomes legally obligated to pay as damages in excess of the underlying insurance or of the self insured retention when no underlying insurance applies because of bodily injury property damage or personal and advertising injury to which this insurance applies caused by an occurrence. But the amount we will pay as damages is limited as described in Section IV LIMITS OF INSURANCE. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Section Il INVESTIGATION DEFENSE SETTLEMENT. 2. This insurance applies to bodily injury property damage or personal and advertising injury only if a. The bodily injury property damage or personal and advertising injury occurs during the policy period and b. Prior to the policy period no insured listed under Paragraph A. of Section Il Who Is An Insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. 3. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under paragraph A. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim a. Reports all or any part of the bodily injury or property damage to us or any other insurer Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. B. Exclusions This policy does not apply to 1. Pollution Any obligation a. To pay for the cost of investigation defense or settlement of any claim or suit against any insured alleging actual or threatened injury or damage of any nature or kind to persons or property which arises out of or would not have occurred but for the poltution hazard or To pay any damages judgments setliements loss costs or expenses that may be awarded or incurred i. By reason of any such claim or suit or any such injury or damage or ii. In complying with any action authorized by law and relating to such injury or damage. Form XL 00 03 06 05 Page 1 of 14 2005 The Hartford | 0 |
UMBRELLA LIABILITY POLICY POLICY PROVISIONS 1 That are or that are contained in any property that is a Being transported or towed by handled or handled for movement into onto or from any auto b Otherwise in the course of transit by or on behalf of the insured or c Being stored disposed of treated or processed in or upon any auto 2 Before the pollutants or any property in which the poliutants are contained are moved from the place where they are accepted by the insured for movement into or onto any auto or 3 After the pollutants or any property in which the pollutants are contained are moved from any auto to the place where they are finally delivered disposed of or abandoned by the insured. Paragraph 1 above does not apply to fuels lubricants fluids exhaust gases or other similar pollutants that are needed for or result from the normal electrical hydraulic or mechanical functioning of an auto covered by the underlying insurance or its parts if a. The pollutants escape seep migrate or are discharged or released directly from an auto part designed by its manufacturer to hold store receive or dispose of such pollutants and b. The bodily injury property damage or covered pollution cost or expense does not arise out of the operation of any following equipment i. Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting or well servicing equipment and ii. Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers. As used in this exclusion pollution hazard means an actual exposure or threat of exposure to the corrosive toxic or other harmful properties of any solid liquid gaseous or thermal a. Pollutants b. Contaminants c. lrritants or d. Toxic substances Including Smoke Vapors Soot Fumes Acids Alkalis Chemicals and Waste materials consisting of or containing any of the foregoing. Waste includes materials to be recycled reconditioned or reclaimed. EXCEPTION This exclusion does not apply a. To bodily injury to any of your employees arising out of and in the course of their employment by you or To injury or damage as to which valid and collectible underlying insurance with at least the minimum limits shown in the Schedule of Underlying Insurance Policies is in force and applicable to the occurrence In such event any coverage afforded by this policy for the occurrence will be subject to the pollution exclusions of the underlying insurance and to the conditions limits and other provisions of this policy. In the event that underlying insurance is not maintained with limits of fiability as set forth in the Schedule of Underlying Insurance Policies coverage under any of the provisions of this exception does not apply. Exception b. does not apply to Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants Page 2 of 14 Form XL 00 03 06 05 | 1 |
UMBRELLA LIABILITY POLICY POLICY PROVISIONS This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by an insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to aircraft that is a. Hired chartered or loaned with a paid crew but b. Not owned by any insured This exclusion does not apply to bodily injury to any of your employees arising out of and in the course of their employment by you Watercraft Bodily injury or property damage arising out of the ownership operation maintenance use entrusiment to others loading or unloading of any watercraft. This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by an insured if the ccurrence which caused the bodily jury or property damage involved the ownership maintenance use or entrustment to others of any watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to a. Watercraft you do not own that 1 Less than 51 feet long and 2 Not being used to carry persons or property for a charge b. Bodily injury to any of your employees arising out of and in the course of their employment by you or c. Any watercraft while ashore on premises owned by rented to or controlled by you. War Any injury or damage however caused arising directly or indirectly out of a. War including undeclared or civil war or Paragraphs 2 and 3 above do not apply to accidents that occur away from premises owned by or rented to an insured with respect to pollutants not in or upon an auto covered by the underlying insurance if a. The pollutants or any property in which the pollutants are contained are upset overtumed or damaged as a result of the maintenance or use of the auto and b. The discharge dispersal seepage migration release or escape of the pollutants is caused directly by such upset overturn or damage Workers Compensation and Similar Laws Any obligation of the insured under a workers compensation disability benefits or unemployment compensation law or any similar law. Contractual Liability Liability assumed by the insured under any contract or agreement with respect to an occurrence taking place before the contract or agreement is executed. Personal And Advertising Injury This policy does not apply to personal and advertising injury. EXCEPTION This exclusion does not apply if underlying insurance is applicable to personal and advertising injury and to claims arising out of that personal and advertising injury. Underlying Insurance Any injury or damage a. Covered by underlying insurance but for any defense which any underlying insurer may assert because of the insured s failure to comply with any condition of its policy or b. For which damages would have been payable by underlying insurance but for the actual or alleged insolvency or financial impairment of an underlying insurer. Aircraft Bodily injury or property damage arising out of the ownership operation maintenance use entrustment to others loading or unloading of any aircraft a. Owned by any insured or b. Chartered or loaned to any insured. TTT00 TOT09996CNLECOOPTx w BN NIRRT VAM O Form XL 00 03 06 05 Page 3 of 14 | 1 |
UMBRELLA LIABILITY POLICY POLICY PROVISIONS 14. 15. 16. if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it Expected or Intended Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. Employer Liability Coverage afforded any of your employees for bodily injury or personal and advertising injury a. To other employees arising out of and in the course of their employment b. To the spouse child parent brother or sister of that employee as a consequence of such bodily injury to that employee. c. To you or any of your pariners or members if you are a partnership joint venture or your members if you are a limited liabilty company or d. Arising out of the providing or failing to provide professional health care services. Subparagraphs a. and b. of this exclusion apply 1 Whether the insured may be liable as an employer or in any other capacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of the injury. EXCEPTION Subparagraphs a. and b. of this exclusion do not apply if underlying insurance is maintained providing coverage for such liability with minimum underlying limits as described in the Schedule of Underlying Insurance Policies. Property Damage to Employee s Property Coverage afforded any of your employees for property damage to property owned or occupied by or rented or loaned to 10. 1. 12. 13. b. Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or c. Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Damage to Property Property damage to property you own. Damage to Your Product Property damage to your product arising out of it or any part of it. Damage to Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. Damage to Impaired Property or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of a. A defect deficiency inadequacy or dangerous condition in your product or your work or b. A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. Recall of Products Work Or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of a. Your product b. Your work or c. Impaired Property Page 4 of 14 Form XL 00 03 06 05 | 1 |
UMBRELLA LIABILITY POLICY POLICY PROVISIONS 17. c. d. That employee Any of your other employees Any of your partners or members if you are a partnership or joint venture or Any of your members if you are a limited liability company Uninsured or Underinsured Motorists Any claim for a. Uninsured or Underinsured Motorists Coverage b. Personal injury protection c. Property protection or d. Any similar no fault coverage by whatever name called Unless this policy is endorsed to provide such coverage. 18. Employment Practices Liability a. Any injury or damage to 1 A person arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as but not limited to coercion demotion evaluation reassignment discipline defamation harassment humiliation or discrimination directed at that person or. 2 The spouse child parent brother or sister of that person as a consequence of any injury or damage to that person at whom any of the employment related practices described in paragraphs a b or c above is directed This exclusion applies i. Whether the insured may be liable as an employer or in any other capacity and ii. To any obligation to share damages with or repay someone else who must pay damages because of the injury. 19. Employee Retirement Income Security Act Any liability arising out of intentional or unintentional violation of any provision of the Employee Retirement Income Security Act of 1974 Public Law 93 406 commonly referred to as the Revision Act of 1974 or any amendments to them. 20. Asbestos Any injury damages loss cost or expense including but not limited to bodily injury property damage or personal and advertising injury arising out of or relating to in whole or in part the asbestos hazard that a. May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the asbestos hazard or b. Arise out of any request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove encapsulate contain treat detoxify or neutralize or in any way respond to or assess the effects of any asbestos hazard or c. Arise out of any claim or suit for damages because of testing for monitoring cleaning up removing encapsulating containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of an asbestos hazard 21. Racing And Stunting Activities Bodily injury or property damage arising out of the ownership operation maintenance use entrustment to others loading or unloading of auto or mobile equipment while being used in any a. Prearranged or organized racing speed or demolition contest b. Stunting activity or c. Preparation for any such contest or activity. ZIT00 TOT09996CNLEZOOT T 7 Tl AERER PR AR Form XL 00 03 06 05 Page 5 of 14 | 1 |
UMBRELLA LIABILITY POLICY POLICY PROVISIONS 22. Electronic Data Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. 23. Limited Underlying Coverage Any injury damage loss cost or expense including but not limited to bodily injury property damage or personal and advertising injury for which a. an underlying insurance policy or policies specifically provides coverage but b. because of a provision within the underlying insurance such coverage is provided at a limit or limits of insurance that are less than the limits for the underlying insurance policy or policies shown on the Schedule of Underlying insurance Policies. SECTION Il INVESTIGATION DEFENSE SETTLEMENT A. With respect to bodily injury property damage or personal and advertising injury to which this insurance applies whether or not the self insured retention applies and 1. For which no coverage is provided under any underlying insurance or 2. For which the underlying limits of any underlying insurance policy have been exhausted solely by payments of damages because of occurrences during the policy period We 1. Will have the right and the duty to defend any suit against the insured seeking damages on account thereof even if such suit is groundiess false or fraudulent but our right and duty to defend end when we have used up the applicable limit of insurance in the payment of judgments or settiements under coverages afforded by this policy 2. May make such investigation and settlement of any claim or suit as we deem expedient 3. Will pay all expenses incurred by us all costs taxed against the insured in any suit defended by us and all interest on the entire amount of any judgment therein which accrues after the entry of the judgment and before we have paid or tendered or deposited in court that part of the judgment which does not exceed the applicable limit of insurance 4. Will pay ali premiums on appeal bonds required in any such suit premiums on bonds to release attachments in any such suit for an amount not in excess of the applicable limit of insurance and the cost of bail bonds required of the insured because of an accident or traffic law violation arising out of the operation of any vehicle to which this policy applies but we will have no obligation to apply for or furnish any such bonds 5. Will pay all reasonable expenses incurred by the insured at our request in assisting us in the investigation or defense of any claim or suit including actual loss of earnings not to exceed 500 per day per insured and the amounts so incurred except settlement of claims and suits are not subject to the self insured retention and are payable in addition to any applicable limit of insurance The Insured agrees to reimburse us promptly for amounts paid in settlement of claims or suits to the extent that such amounts are within the self insured retention. You agree to arrange for the investigation defense or settlement of any claim or suit in any country where we may be prevented by law from carrying out this agreement. We will pay defense expenses incurred with our written consent in connection with any such claim or suit in addition to any applicable limit of insurance. We will also promptly reimburse you for our proper share but subject to the applicable limit of insurance of any settlement above the self insured retention made with our written consent. We will have the right to associate at our expense with the insured or any underlying insurer in the investigation defense or settlement of any claim or suit which in our opinion may require payment hereunder. In no event however will we contribute to the cost and expenses incurred by any underlying insurer. Page 6 of 14 Form XL 00 03 06 05 | 1 |
UMBRELLA LIABILITY POLICY POLICY PROVISIONS c. 2. Any person or organization with whom you agreed because of a written contract written agreement or because of a permit issued by a state or political subdivision to provide insurance such as is afforded under this policy but only with respect to your operations your work or facilities owned or used by you This provision does not apply a. Unless the written contract or written agreement has been executed or the permit has been issued prior to the bodily injury property damage or personal and advertising injury and b. Unless limits of liability specified in such written contract written agreement or permit is greater than the limits shown for underlying insurance or c. Beyond the period of time required by the written contract or written agreement 3. Any person or organization having proper temporary custody of your property if you die but only a. With respect to liability arising out of the maintenance or wuse of that property and b. Until your legal representative has been appointed. 4. Your legal representative if you die but only with respect to his or her duties as such That representative will have all your rights and duties under this policy. With respect to auto any insured in the underlying insurance is an insured under this insurance policy subject to all the limitations of such underlying insurance Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain financial interest of more than 50 of the voting stock will qualify as an insured if there is no other similar insurance available to that organization However 1. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period whichever is earlier 2. This insurance does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and SECTION Ili WHO IS AN INSURED A. If you are doing business as 1. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. 2. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. 00113 3. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. 4. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors Your stockholders are also insureds but only with respect to their liability as stockholders. o o o o 3 0 o 5 zZ I o o x 5. Atrust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. B. Each of the following is also an insured 1. Your volunteer workers only while performing duties related to the conduct of your business or your employees other than your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts a. Within the scope of their employment by you or while performing duties related to the conduct of your business and b. Only if such volunteer workers or employees are insureds under underlying insurance with limits of liability no less than stated in the Schedule of Underlying Insurance Policies subject to all the coverage terms conditions and limitations of such underlying insurance. JURCATRIET Form XL 00 03 06 05 Page 7 of 14 | 1 |
UMBRELLA LIABILITY POLICY POLICY PROVISIONS 3. Because of bodily injury and property damage arising out of the ownership operations maintenance use entrustment to others loading or unloading of any auto. C. The Limit of Insurance stated as the Products Completed Operations Aggregate Limit is the most we will pay for damages because of injury or damage included within the products completed operations hazard D. The Limit of Insurance stated as the Bodily Injury By Disease Aggregate Limit is the most we will pay for damages because of bodily injury by disease to your employees arising out of and in the course of their employment by you. E. Subject to B. C. or D above whichever applies the Each Occurrence Limit is the most we will pay for damages because of all bodily injury property damage and personal and advertising injury arising out of any one occurrence. F. Our obligations under this insurance end when the applicable Limil of Insurance available is used up. If we pay any amounts for damages in excess of that Limit of Insurance you agree to reimburse us for such amounts. G. The Limits of Insurance of this policy apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations. However if the policy period is extended after issuance for an additional period of less than 12 months the additional period will be deemed part of the last preceding period for the purpose of determining the Limits of Insurance. SECTION V NUCLEAR ENERGY LIABILITY EXCLUSION Broad Form A. The insurance does not apply 1. To bodily injury or property damage a. With respect to which an insured under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nuclear insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability or 3. This insurance does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. E. Each person or organization not included as an insured in Paragraphs A. B. C. or D. who is an insured in the underlying insurance is an insured under this insurance subject to all the terms conditions and limitations of such underlying insurance. No person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named insured in the Declarations. With respect to any person or organization who is not an insured under underlying insurance coverage under this policy shall apply only to loss in excess of the amount of the underlying insurance or self insured retention applicable to you However coverage afforded by reason of the provisions set forth above applies only to the extent i Of the scope of coverage provided by the underlying insurance but in no event shall coverage be broader than the scope of coverage provided by this policy and any endorsements attached hereto and ii That such coverage provided by the underlying insurance is maintained having limits as set forth in the Schedule of Underlying Insurance Policies. SECTION IV LIMITS OF INSURANCE A. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of 1. Insureds 2. Claims made or suits brought 3. Persons or organizations making claims or bringing suits or 4. Coverages under which damages are covered under this policy B. The Limit of Insurance stated as the General Aggregate Limit is the most we will pay for the sum of damages other than damages 1. Because of injury or damage included within the products completed operations hazard 2. Because of bodily injury by disease to your employees arising out of and in the course of their employment by you and Page 8 of 14 Form XL 00 03 06 05 | 1 |
UMBRELLA LIABILITY POLICY POLICY PROVISIONS Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility. Nuclear facility means 1Any nuclear reactor 2Any equipment or device designed or used for a separating the isotopes of uranium or plutonium b processing or utilizing spent fuel or c handling processing or packaging waste 3Any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of piutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 4Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material Property damage includes all forms of radioactive contamination of property. SECTION VI CONDITIONS A. Premium All premiums for this policy shall be computed in accordance with Item 5 of the Declarations. The premium stated as such in the Declarations is a deposit premium only which shall be credited to the amount of any earned premium. At the close of each policy period the earned premium shall be computed for such period and upon notice thereof 1o the Named Insured first shown in the Declarations shall become due and payable by such Named Insured. o 3 o o o 0 o o b o o o 1 b. Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the insured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization To bodily injury or property damage resulting from the hazardous properties of nuclear material if a. The nuclear material a is at any nuclear facility owned by or operated by or on behalf of an insured or b has been discharged or dispersed therefrom b. The nuclear material is contained in spent fuel or waste at any time possessed handled used processed stored transported or disposed of by or on behalf of an insured or c. The bodily injury or property damage arises out of the fumishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this exclusion c. appiies only to property damage to such nuclear facility and any property thereat. As used in this exclusion Hazardous properties include radioactive toxic or explosive properties Nuclear material means source material special nuclear material or by product material Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor Form XL 00 03 06 05 Page 9 of 14 | 1 |
UMBRELLA LIABILITY POLICY POLICY PROVISIONS If the total earned premium for the policy period is less than the premium previously paid and more than the minimum premium we shall return to such Named Insured the unearned portion paid by such Named Insured. The Named insured first shown in the Declarations shall maintain records of such information as is necessary for premium computation and shall send copies of such records to us at the end of the policy period and at such times during the policy period as we may direct. B. Inspection and Audit We shall be permitted but not obligated to inspect your property and operations at any time. Neither our right to make inspections nor the making thereof nor any report thereon shall constitute an undertaking on your behalf or for your benefit or that of others to determine or warrant that such property or operations are 1. 2. 3. Safe Healthful or In compliance with any law rule or regulation. We may examine and audit your books and records at any time during the policy period and extensions thereof and within three years after the final termination of this policy insofar as they relate to the subject matter of this policy. C. Duties In The Event Of Occurrence Claim or Suit 1. You must see to it that we are notified as soon as practicable of an occurrence which may result in a claim under this policy. This requirement applies only when such occurrence is known to any of the following a. You or any additional insured that is an individual b. Any partner if you or an additional insured are a partnership. Any manager if you or an additional insured are a limited liability company d. Any executive officer or insurance manager if you or an additional insured are a corporation. Any trustee if you or an additional insured is a trust or f. Any elected or appointed official if you or an additional insured is a political subdivision or public entity. This duty applies separately to you and any additional insured. To the extent possible notice should include a. How when and where the occurrence took place b. The names and addresses of any injured persons and witnesses and c. The nature and location of any injury or damage arising out of the occurrence or offense If a claim is made or suit is brought against any insured you must a. Immediately record the specifics of the claim or suit and the date received and b. Notify us in writing as soon as practicable if the claim is likely to exceed the amount of the self insured retention or underlying insurance whichever applies. You and any other involved insured must a. Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit involving or likely to involve a sum in excess of any self insured retention or underlying insurance whichever applies b. Authorize us to obtain records and other information c. Cooperate with us in the investigation or settlement of the claim or defense against the suit and d. Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this policy or any underlying insurance or self insured retention may apply. No insured will except at that insured s own cost make or agree to any settlement for a sum in excess of a. The total limits of underlying insurance or Page 10 of 14 Form XL 00 03 06 05 | 1 |
b The self insured retention if no underlying insurance applies without our consent 5. No insureds will except at that insured s own cost make a payment assume any obligation or incur any expenses other than first aid without our consent. D. Assistance and Cooperation of the Insured The insured shall 1. Cooperate with us and comply with all the terms and conditions of this policy and 2. Cooperate with any of the underlying insurers as required by the terms of the underlying insurance and comply with all the terms and conditions thereof. The insured shall enforce any right of contribution or indemnity against any person or organization who may be liable to the insured because of bodily injury property damage or personal and advertising injury with respect to this policy or any underlying insurance E. Legal Action Against Us No person or organization has a right under this policy 00115 o o 0 0 0 o z I I o a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us on this policy unless all of its terms and those of the underlying insurance have been fully complied with. T A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this policy or that are in excess of the limit of liability. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. F. Appeals In the event the insured or the insured s underlying insurer elects not to appeal a judgment in excess of the underlying insurance or the self insured retention we may elect to make such appeal at our cost and expense. If we so elect we shall be liable in addition to the applicable Limit of Insurance for the UMBRELLA LIABILITY POLICY POLICY PROVISIONS 1. Taxable costs 2. Disbursements and 3. Additional interest incidental to such appeal But in no event will we be liable for damages in excess of the applicable aggregate Limit of Insurance If a judgment is rendered in excess of the limits of underlying insurance and we offer to pay our full share of such judgment but you or your underlying insurers elect to appeal it you your underlying insurers or both will bear a. The cost and duty of obtaining any appeal bond b. The taxable costs disbursements and additional interest incidental to such appeal and c. Any increase in damages over the amount the matter could have been settled for after the verdict was entered and before the appeal was filed.. Other insurance This policy shall apply in excess of all underlying insurance whether or not valid and coliectible. It shall also apply in excess of other valid and collectible insurance except other insurance purchased specifically to apply in excess of this insurance which also applies to any loss for which insurance is provided by this policy. These excess provisions apply whether such other insurance is stated to be 1. Primary 2. Contributing 3. Excess or 4. Contingent Transfer Of Rights Of Recovery Against Others To Us a. If the insured has rights to recover all or a part of any payment we have made under this policy those rights are transferred to us. The insured must do nothing after a loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. 1. Taxable costs 2. Disbursements and 3. Additional interest incidental to such appeal But in no event will we be liable for damages in excess of the applicable aggregate Limit of Insurance If a judgment is rendered in excess of the limits of underlying insurance and we offer to pay our full share of such judgment but you or your underlying insurers elect to appeal it you your underlying insurers or both will bear a. The cost and duty of obtaining any appeal bond b. The taxable costs disbursements and additional interest incidental to such appeal and c. Any increase in damages over the amount the matter could have been settled for after the verdict was entered and before the appeal was filed.. Other insurance This policy shall apply in excess of all underlying insurance whether or not valid and coliectible. It shall also apply in excess of other valid and collectible insurance except other insurance purchased specifically to apply in excess of this insurance which also applies to any loss for which insurance is provided by this policy. These excess provisions apply whether such other insurance is stated to be 1. Primary 2. Contributing 3. Excess or 4. Contingent Transfer Of Rights Of Recovery Against Others To Us a. If the insured has rights to recover all or a part of any payment we have made under this policy those rights are transferred to us. The insured must do nothing after a loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. e Form XL 00 03 06 05 Page 11 of 14 | 1 |
UMBRELLA LIABILITY POLICY POLICY PROVISIONS b. Recoveries shall be applied to reimburse 1 First any interest including the Named Insured that paid any amount in excess of our limit of liability 2 Second us along with any other insurers having a quota share interest at the same level 3 Third such interests including the Named Insured of whom this insurance is excess. However a different apportionment may be made to effect settlement of a claim by agreement signed by all interests. c. Reasonable expenses incurred in the exercise of rights of recovery shall be apportioned among all interests in the ratio of their respective losses for which recovery is sought. Changes This policy contains all the agreements between you and us concerning the insurance afforded. Notice to any agent or knowledge possessed by any agent or any other person shall not effect a waiver or a change in any part of this policy or stop us from asserting any rights under the terms of this policy. The Named Insured first shown in the Declarations is authorized on behalf of all insureds to agree with us on changes in the terms of this poficy. If the terms are changed the changes will be shown in an endorsement issued by us and made a part of this policy. Separation Of Insureds Except with respect to the Limits of Liability and any rights or duties specifically assigned in this policy to the Named Insured first shown in the declarations this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. Maintenance of Underlying Insurance Policies affording in total the coverage and limits stated in the Schedule of Underlying Insurance Policies shall be maintained in full effect during the currency of this policy. Your failure to comply with the foregoing shall not invalidate this policy but in the event of such failure we shall be liable only to the extent that we would have been liable had you complied herewith The Named Insured first shown in the Declarations shall give us written notice as soon as practicable of any of the following 1. Any change in the coverage or in the limits of any underlying insurance including but not limited to a change from occurrence coverage to claims made coverage 2. Termination of part or all of one or more of the policies of underlying insurance 3. Reduction or exhaustion of an aggregate limit of liability of any underlying insurance. The self insured retention shall not apply should the underlying insurance be exhausted by the payment of claims or suits which are also covered by this policy. Cancellation 1. The Named Insured first shown in the Declarations may cancel this policy by mailing or delivering to us or to any of our authorized agents advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the Named Insured first shown in the Declarations at the address shown in this policy written notice of cancellation at least a. 10 days before the effective date of cancellation if such Named Insured fails to pay the premium or any installment when due or b. 30 days before the effective date of cancellation if we cancel for any other reason 3. If notice is mailed proof of mailing will be sufficient proof of notice. Notice will state the effective date of cancellation. The policy period will end on that date Delivery of such notice by the Named Insured first shown in the Declarations or by us will be equivalent to mailing. 4. If the Named Insured first shown in the Declarations canccls the refund may be less than pro rata but we will retain any minimum premium stated as such in the Declarations. If we cancel the refund will be pro rata. The cancellation will be effective even if we have not made or offered a refund. Page 12 of 14 Form XL 00 03 06 05 | 1 |
UMBRELLA LIABILITY POLICY POLICY PROVISIONS M. Non Renewal 1. If we decide not to renew we will mail or deliver to the Named Insured first shown in the Declarations at the address shown in this policy written notice of non renewal at least 30 days before the end of the policy period 2. If notice is mailed proof of mailing will be sufficient proof of notice. 3. If we offer to renew but such Named Insured does not accept this policy will not be renewed at the end of the current policy period. N. Workers Compensation Agreement With respect to bodily injury to any officer or other employee arising out of and in the course of employment by you you represent and agree that you have not abrogated and will not abrogate your common law defenses under any Workers Compensation Law by rejection of such law or otherwise. f at any time during the policy period you abrogate such defenses the insurance for bodily injury to such officer or other employee automatically terminates at the same time. 0. Bankruptcy or Insolvency In the event of the bankruptcy or insolvency of the insured or any entity comprising the insured we shall not be relieved of any of our obligations under this policy P. Representations By accepting this policy you agree a. The statements in the Declarations are accurate and complete b. The statements in the Schedule Of Underlying Insurance Policies are accurate and complete. The statements in a. and b. are based upon representations you made to us 00116 o v 2 Z I o d. We have issued this policy in reliance upon your representations and e. If unintentionally you should fail to disclose all hazards at the inception of this policy we shall not deny coverage under this policy because of such failure. SECTION VIl DEFINITIONS Except as otherwise provided in this section or amended by endorsement the words or phrases that appear in quotation marks within this policy shall follow the definitions of the applicable underlying insurance policy. Accident includes continuous or repeated exposure to the same conditions resulting in bodily injury or property damage. Asbestos hazard means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form. Auto means a land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment. But auto does not include mobile equipment Covered pollution cost or expense means any cost or expense arising out of 1. Any request demand order or statutory or regulatory requirement or 2. Any claim or suit by or on behalf of a governmental authority demanding that the insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of poliutants. Covered poliution cost or expense does not include any cost or expense arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants 1 That are or that are contained in any property that is a. Being transported or towed by handled or handled for movement into onto or from any auto b. Otherwise in the course of transit by or on behalf of the insured or c. Being stored disposed of treated or processed in or upon any auto or 2 Before the pollutants or any property in which the pollutants are contained are moved from the place where they are accepted by the insured for movement into or onto any auto or 3 After the poliutants or any property in which the pollutants are contained are moved from any auto to the place where they are finally delivered disposed of or abandoned by the insured. Form XL 00 03 06 05 Page 13 of 14 | 1 |
UMBRELLA LIABILITY POLICY POLICY PROVISIONS Paragraph a. above does not apply to fuels lubricants fluids exhaust gases or other similar pollutants that are needed for or result from the normal electrical hydraulic or mechanical functioning of an auto covered by the underlying insurance or its parts if 1 The pollutants escape seep migrate or are discharged or released directly from an auto part designed by its manufacturer to hold store receive or dispose of such poliutants and 2 The bodily injury property damage or covered pollution cost or expense does not arise out of the operation of any equipment listed in paragraphs 6.b and 6.c. of the definition of mobile equipment. Paragraphs b. and c. above do not apply to accidents that occur away from premises owned by or rented to an insured with respect to pollutants not in or upon an auto covered by the underlying insurance i 1 The pollutants or any property in which the pollutants are contained are upset overturned or damaged as a result of the maintenance or use of the auto and 2 The discharge dispersal seepage migration release or escape of the poliutants is caused directly by such upset overturn or damage. Damages include prejudgment interest awarded against the insured on that part of the judgment we pay. Damages do not include 1. Fines 2. Penalties or 3. Damages for which insurance is prohibited by the law applicable to the construction of this policy Subject to the foregoing damages include damages for any of the following which result at any time from bodily injury to which this policy applies Death Mental anguish Shock Disability or 5. Care and loss of services or consortium. Insured means any person or organization qualifying as an insured in the applicable WHO IS AN INSURED provision of this policy. The insurance afforded applies separately to each insured against whom claim is made or suit is brought except with respect to the limit of our liability under LIMITS OF INSURANCE SECTION IV Fal o Occurrence means 1. With respect to bodily injury or property damage. an accident including continuous or repeated exposure to substantially the same general harmful conditions and 2. With respect to personal and advertising injury an offense described in one of the numbered subdivisions of that definition in the underlying insurance. Policy period means the period beginning with the inception date stated as such in the Declarations and ending with the earlier of 1. The date of cancellation of this policy or 2. The expiration date stated as such in the Declarations Self insured retention means the amount stated as such in the Declarations which is retained and payable by the insured with respect to each occurrence Underlying insurance means the insurance policies listed in the Schedule of Underlying Insurance Policies including any renewals or replacements thereof which provide the underlying coverages and limits stated in the Schedule of Underlying Insurance Policies. The limit of underlying insurance includes 1. Any deductible amount 2. Any participation of any insured and 3. Any self insured retention above or beneath any such policy Less the amount if any by which the aggregate limit of such insurance has been reduced by any payment relating to any act error omission injury damage or offense for which insurance is provided by this policy including Medical Payments Coverage as described in the underlying insurance. The coverages and limits of such policies and any such deductible amount participation or self insured retention shall be deemed to be applicable regardliess of 1. Any defense which any underlying insurer may assert because of the insured s failure to comply with any condition of its policy or 2. The actual or alleged insolvency or financial impairment of any underlying insurer or any insured. The risk of insolvency or financial impairment of any underlying insurer or any insured is borne by you and not by us Page 14 of 14 Form XL 00 03 06 05 | 1 |
POLICY NUMBER 37 RHU NJ9666 POLICY NUMBER 37 RHU NJ9666 i THIS ENDORSEMENT IS ATTACHED TO AND MADE PART OF YOUR POLICY IN RESPONSE TO THE DISCLOSURE REQUIREMENTS OF THE TERRORISM RISK INSURANCE ACT. DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT In accordance with the federal Terrorism Risk Insurance Act as amended TRIA we are required to provide you with a notice disclosing the portion of your premium if any attributable to coverage for certified acts of terrorism under TRIA. The portion of your premium attributable to such coverage is shown above in this endorsement. The following definition is added with respect to the provisions of this endorsement Calendar Year Federal Share of A certified act of terrorism means an act that is Terrorism Losses certified by the Secretary of the Treasury in 2015 85 accordance with the provisions of TRIA to be an act of terrorism under TRIA. The criteria contained 2016 84 in TRIA for a certified act of terrorism include the 2017 83 following 2018 2 1. The act results in insured losses in excess of D 5 million in the aggregate attributable to all 2019 81 types of insurance subject to TRIA and 2020 or later 80 2. The act results in damage within the United States or outside the United States in the case of certain air carriers or vessels or the premises of an United States mission and 3. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to b TERRORISM PREMIUM S Coverage Premium if Covered o a UMBRELLA 91.00 3 v B Z Q TOTAL 91.00 S A. Disclosure Of Premium coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. C. Disclosure Of Federal Share Of Terrorism Losses Under TRIA The United States Department of the Treasury will reimburse insurers for a portion of such insured losses as indicated in the table below that exceeds the applicable insurer deductible However if aggregate insured losses attributable to certified acts of terrorism under TRIA exceed 100 billion in a calendar year the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. The United States Government has not charged any premium for their participation in covering terrorism losses b4 Z4.UV TOTAL 91.00 coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. C. Disclosure Of Federal Share Of Terrorism Losses Under TRIA The United States Department of the Treasury will reimburse insurers for a portion of such insured losses as indicated in the table below that exceeds the applicable insurer deductible Calendar Year Federal Share of Terrorism Losses 2015 85 2016 84 2017 83 2018 82 2019 81 2020 or later 80 However if aggregate insured losses attributable o certified acts of terrorism under TRIA exceed 100 billion in a calendar year the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. The United States Government has not charged any premium for their participation in covering terrorism losses Form IH 09 85 01 15 Page 1 of 2 2015 The Hartford Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
D. Cap On Insurer Liability for Terrorism Losses Under TRIA If aggregate insured losses attributable to certified acts of terrorism under TRIA exceed 100 billion in a calendar year and we have met or will meet our insurer deductible under TRIA we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion. In such case your coverage for terrorism losses may be reduced on a pro rata basis in accordance with procedures established by the Treasury based on its estimates of aggregate industry losses and our estimate that we will exceed our insurer deductible In accordance with Treasury procedures amounts paid for losses may be subject to further adjustments based on differences between actual losses and estimates E. Application of Other Exclusions The terms and limitations of any terrorism exclusion the inapplicability or omission of a terrorism exclusion or the inclusion of terrorism coverage do not serve to create coverage for any loss which would otherwise be excluded under this Coverage Form Coverage Part or Policy. F. Ali other terms and conditions remain the same. Page 2 of 2 Form IH 09 85 01 15 | 2 |
POLICY NUMBER 37 RHU NJ9666 EE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF THE DECLARATIONS ADDITIONAL PERSONS OR ORGANIZATIONS DESIGNATED AS NAMED INSUREDS POLICY NUMBER 37 RHU NJ9666 The following persons or organizations are added to the Declarations as Named Insureds 00118 GENERALI U.S. BRANCH ASSICURAZIONI GENERALI U.S. REPRESENTATIVE OFFICE GENAMERICA MANAGEMENT CORPORATION TRANSOCEAN HOLDING CORP RETIREMENT PLAN FOR EMPLOYEES OF GENERALI U.S. BRANCH GENERALI U.S. BRANCH THRIFT PLAN EMPLOYEE BENEFIT PLAN OF GENERALI U.S. BRANCH GENERALI SUPPLEMENTAL BENEFIT TRUST GENERALI RETIREE MEDICAL BENEFIT TRUST GENERALIT CLAIMS SOLUTIONS LLC GENERALI CONSULTING SOLUTIONS LLC MONTCALM WINE IMPORTERS LTD o o o 0 0 o B 2 o o o FormIH 12040312 SEQ.NO. 01 2012 The Hartford | 2 |
THEX HARTFORD U.S. DEPARTMENT OF THE TREASURY OFFICE OF FOREIGN ASSETS CONTROL OFAC ADVISORY NOTICE TO POLICYHOLDERS 61100 10T099360NLE2007 T i AUVRRVAL TR No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your policy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Notice provides information concerning possible impact on your insurance coverage due to directives issued by the United States. Please read this Notice carefully. The Office of Foreign Assets Control OFAC of the U.S. Department of the Treasury administers and enforces economic and trade sanctions based on U.S. foreign policy and national security goals against targeted foreign countries and regimes terrorists international narcotics traffickers those engaged in activities related to the proliferation of weapons of mass destruction and other threats to the national security foreign policy or economy of the United States. OFAC acts under Presidential national emergency powers as well as authority granted by specific legisiation to impose controls on transactions and freeze assets under U.S. jurisdiction. OFAC publishes a list of individuals and companies owned or controlled by or acting for or on behalf of targeted countries. It also lists individuals groups and entities such as terrorists and narcotics traffickers designated under programs that are not country specific. Collectively such individuals and companies are called Specially Designated Nationals and Blocked Persons or SDNs. Their assets are blocked and U.S. persons are generally prohibited from dealing with them. This list can be located on. OFAC s web site at httpwww.treas.gov ofac. In accordance with OFAC regulations if it is determined that you or any other insured or any person or entity claiming the benefits of this insurance has violated U.S. sanctions faw or is an SDN as identified by OFAC the policy is a blocked contract and all dealings with it must involve OFAC. When an insurance policy is considered to be such a blocked or frozen contract no payments nor premium refunds may be made without authorization from OFAC. Form IH 99 40 04 09 Page 1 of 1 | 2 |
d Tue HARTFORD Named Insured GENERALI U.S. BRANCH Policy Number 37 RHU NJ9666 Effective Date 070115 Expiration Date 070116 Company Name HARTFORD INSURANCE GROUP 02100 TOT099960NLECOOTTx 7 UMY SUMEGRMEGER R TRMRL ARt THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TRADE OR ECONOMIC SANCTIONS ENDORSEMENT This insurance does not apply to the extent that trade or economic sanctions or other laws or regulations prohibit us from providing insurance including but not limited to the payment of claims. All other terms and conditions remain unchanged. Form IH 99 41 04 09 Page 1 of 1 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY NEW YORK CHANGES This endorsement modifies insurance provided under the UMBRELLA LIABILITY POLICY it is agreed that 1. The CANCELLATION Condition is replaced by the following CANCELLATION a. The Named Insured first shown in the Declarations may cancel this policy by 1 Mailing or delivering to us advance written notice of cancellation or 2 Surrendering the policy to us or to any of our authorized agents b. We may cancel this policy by mailing or delivering to the Named Insured first shown in the Declarations and his or her agent or broker written notice of cancellation at least 1 30 days before the effective date of cancellation if we cancel for any reason not included in Paragraph 1.b.2 below and the policy has been in effect for 60 days or less and is not a renewal with us or 15 days before the effective date of cancellation if we cancel and the policy has been in effect for more than 60 days but only for one or more of the following reasons a Non payment of premium provided however that a notice of cancellation on this ground shall inform the first Named Insured of the amount due t o P o o o Pl o o o Z o 3 bl 2 b Conviction of a crime arising out of acts increasing the hazard insured against c Discovery of fraud or material misrepresentation in obtaining the policy or in presenting a claim thereunder d After issuance of the policy or after the last renewal date discovery of an act or omission or a violation of any policy condition that substantially and materially increases the hazard insured against and which occurred subsequent to inception of the current policy period e h Material physical change in the property insured occurring after issuance or last annual renewal anniversary date of the policy which results in the property becoming uninsurable in accordance with our objective uniformly applied underwriting standards in effect at the time the policy was issued or last renewed Material change in the nature or extent of the risk occuming after issuance or last annual renewal anniversary date of the policy which causes the risk of loss to be substantially and materially increased beyond that contemplated at the time the policy was issued or last renewed A determination by the Superintendent that continuation of our present premium volume would jeopardize our solvency or be hazardous to the interest of our policyholders our creditors or the public A determination by the Superintendent that the continuation of the policy would violate or place us in violation of any of the New York Insurance Laws or Where we have reason to believe in good faith and with sufficient cause that there is a probable risk or danger that you will destroy or permit to be destroyed the insured property for the purpose of collecting the insurance proceeds provided that any cancellation notice based on this reason i Is provided simultaneously to the Insurance Department and i Informs you in plain language that you may request a review of the cancellation by the Department within 10 days of receipt of the notice. Form XL 01031210 Page 1 of 4 2009 The Hartford | 2 |
c. We will mail or deliver our notice to the last mailing address known to us of the Named Insured first shown in the Declarations. If notice is mailed proof of mailing will be sufficient proof of notice. d. Notice of cancellation by us will state the effective date of cancellation. The policy period will end on that date. e. If this policy is canceled we will send the Named Insured first shown in the Declarations any premium refund due. If we cancel the refund will be pro rata. f. If the Named Insured cancels we shall compute the return premium at 90 of the pro rata unearned premium. g. However when the premium is advanced under a premium finance agreement the cancellation refund will be pro rata. Under such financed policies we will be entitled to retain a minimum earned premium of 10 of the total policy premium or 60 whichever is greater. The cancellation will be effective even if we have not made or offered a refund. h. Premium adjustment may be made either at the time cancellation is effected or as soon as practicable after cancellation becomes effective but payment or tender of unearned premium is not a condition of cancellation. The NON RENEWAL Condition is replaced by the following NON RENEWAL a. If we decide not to renew this policy we will mail or deliver written notice of non renewal to the Named Insured first shown in the Declarations between 60 and 120 days before the end of the policy period. b. If notice is mailed we will mail or deliver it to the first Named Insured at the address shown in the policy and to the authorized agent or broker. If notice is mailed proof of mailing will be sufficient proof of notice c. If we offer to renew this policy and the Named Insured first shown in the Declarations does not accept our offer during the current policy period this policy will not be renewed at the end of such policy period. The following Condition is added to the policy NOTICE OF PREMIUM OR COVERAGE CHANGE If we elect to increase the policy premium by more than 10 not applicable to experience rating retrospective rating policies subject to audit or insured value added change a deductible reduce limits or make a substantial change in coverage we will mail or deliver to the Named Insured first shown in the Declarations written notice of such change between 30 and 120 days before the end of the policy period. If notice is mailed we will mail it to the last mailing address known to us of the Named Insured first shown in the Declarations. Proof of mailing will be sufficient proof of notice The foliowing paragraph is added to the DUTIES IN THE EVENT OF OCCURRENCE CLAIM OR SUIT CONDITION Notice given by or on behalf of the insured or written notice by or on behalf of the injured person or any other claimant to any agent of ours in New York State with particulars sufficient to identify the insured shall be considered to be notice to us. The following exclusion is being added to SECTION COVERAGES B. Exclusions This policy does not apply to Intentional Acts This policy does not apply to bodily injury or property damage caused intentionally by or at the direction of the insured but this exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force for the lawful protection of your employees tenants guests or property. The following exclusion is added to SECTION COVERAGES B. Exclusions This policy does not apply to Discrimination To injury or damage due to discrimination because of race creed color or national origin. Consent to Settle Section Il Investigation Defense Settlement is amended by deleting the second paragraph A.2. and adding the following We may make such investigation and settlement of any claim or suit as we deem expedient except when the claim involves the self insured retention if any in which case we will request the consent of the insured prior to a settlement. However if you refuse to settle a claim or suit our liability to pay such claim or suit will not exceed the amount for which the claim or suit could have been settled up to the date of your refusal of a written settlement. The following Condition is added Transfer of Duties When Limit of Insurance is Used Up a. If we conclude that based on occurrences claims or suits which have been reported to us and to which this insurance may apply the 1 General Aggregate Limit 2 Products Completed Operations Aggregate Limit 3 Bodily Injury by Disease Aggregate Limit or 4 Each Occurrence Limit is likely to be used up in the payment of judgments or settlements we will notify the Named Insured first shown in the Declarations in writing to that effect Page 2 of 4 Form XL 01031210 | 2 |
b. When a limit of insurance described in paragraph a. above has actually been used up in the payment of judgments or settlements 1 We will notify the Named Iinsured first shown in the Declarations in writing as soon as praclicable that a. Such a limit has actually been used up and b. Our duty to defend suits seeking damages subject to that limit has also ended. We will initiate and cooperate in the transfer of control to any appropriate insured of all claims and suits seeking damages which are subject to that limit and which are reported to us before that limit is used up. That insured must cooperate in the transfer of control of said claims and suits. We agree to take such steps as we deem appropriate to avoid a default in or continue the defense of such suits until such transfer is completed provided that appropriate insured s cooperating in completing such transfer. We will take no action whatsoever with respect to any claim or suit seeking damages that would have been subject to that limit had it not been used up if the claim or suit is reported to us after that limit of insurance has been used up. The Named Insured first shown in the Declarations and any other insured involved in a suit seeking damages subject to that limit must arrange for the defense of such suit within such time period as agreed to between the appropriate insured and us Absence of any such agreement arrangements for the defense of such suit must be made as soon as practicable c. The Named Insured first shown in the Declarations will reimburse us for expenses we incur in taking those steps we deem appropriate in accordance with paragraph b.2 above The duty of the Named Insured first shown in the Declarations to reimburse us will begin on 1 The date of which the applicable limit of insurance is used up if we sent notice in accordance with paragraph a. above or 2 The date on which we sent notice in accordance with paragraph b.1 above if we did not send notice in accordance with paragraph a. above. d. The exhaustion of any limit of insurance by the payments of judgments or settlements and the resulting end of our duty to defend will not be affected by our failure to comply with any of the provisions of the Condition. 2 3 Form XL 01031210 10.. 12. 13. Conforms to New York Insurance laws or regulations. The terms of this Policy as respects coverage for operations in the State of New York shall conform to the coverage requirements of the applicable Insurance Laws of the State of New York or applicable regulations of the New York Insurance Depariment provided however that the Company s limit of insurance as stated in this policy shall be excess of the limit of insurance of any underlying insurance or self insurance as stated in the Declarations or in any endorsement attached hereto. Exclusion 15. of SECTION COVERAGES is deleted and replaced by the following This policy does not apply to any injury or damage to a. Any insured or any employee of any insured arising out of or in the course of employment by any insured or b. The spouse child parent brother or sister of the employee as a consequence of a. above or c. To you or any of your partners or members if you are a partnership joint venture or your members if you are a limited liability company. This exclusion applies 1 Whether any insured may be liable as an employer or in any other capacity 2 Whether or not liability for a. b. or c. above is assumed by any insured under any contract or agreement or 3 To any obligation to share damages with or repay someone else who must pay damages because of the injury or damages. The foliowing exception is deleted from Exclusions 1.6. and 7. of SECTION COVERAGES. Bodily injury to any of your employees arising out of and in the course of their employment by you. Paragraph G. of SECTION IV LIMITS OF INSURANCE is replaced with the foliowing G. The Limits of Insurance of this policy apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations. However if the policy period is extended after issuance for an additional period of less than 12 months the additional period will be deemed part of the last preceding period for the purpose of determining the Limits of Insurance. For this additional period the annual aggregate limit of the expiring policy shall be increased in proportion to the policy extension. It is hereby agreed and understood that coverage indicated in item A. Employers Liability on form XL 00 05 Schedule of Underlying Insurance is not applicable to an employee subject to the New York Worker s Compensation Law. Page 3 of 4 zzvoo totosssenncezoost 1If AR NNy UMM Page 3 of 4 | 2 |
14. The Legal Action Against Us Condition is replaced by the following E. Legal Action Against Us 1. Except as provided in Paragraph 2. no person or organization has a right under this policy a To join us as a party or otherwise bring us into a suit asking for damages from an insured or b To sue us on this policy unless all of its terms have been fully complied with A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this policy or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative 2. With respect to claims made under this policy if we deny coverage or do not admit liability because an insured or the injured person someone acting for the injured person or other claimant fails to give us written notice as soon as practicable then the injured person someone acting for the injured person or other claimant may bring an action against us provided the sole question is whether the denial of coverage or nonadmission of liability is based on the failure to provide timely notice However the injured person someone acting for the injured person or other claimant may not bring an action if within 60 days after we deny coverage or do not admit liability we or an insured a Bring an action to declare the rights of the parties under the policy and b Names the injured person someone acting for the injured person or other claimant as a party to the action. 15. The following provision is added and supersedes any provision to the contrary Failure to give notice to us as required under this policy shall not invalidate any claim made by the insured injured person or any other claimant unless the failure to provide such timely notice has prejudiced us. However no claim made by the insured injured person or other claimant will be invalidated if it shall be shown not to have been reasonably possible to give such timely notice and that notice was given as soon as was reasonably possible thereafter. Page 4 of 4 Form XL 01031210 | 2 |
a THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYEE BENEFITS LIABILITY ENDORSEMENT CLAIMS MADE A D el 00123 This endorsement modifies insurance provided under the UMBRELLA LIABILITY POLICY SCHEDULE a Coverage Limits of Insurance S Employee Benefits Liability 10000000 each claim limit S 5 10000000 aggregate limit SCHEDULE Il Controlling Underlying Insurance Policy Insurer HARTFORD CASUALTY INSURANCE COMPANY Policy No. 37 UUN IS5551 Policy Period 070115 TO 070116 Retroactive Date 070198 Coverage Limits of Insurance Employee Benefits Liability 1000000 each claim limit 2000000 aggregate limit This policy is extended to apply to Employee Benefits B. This insurance does not apply to employee Liability subject to the following additional provisions benefits injury which occurred before the Retroactive Date if any shown in Schedule Il or 1. Except as otherwise provided by this endorsement the which occurs after the policy period. insurance afforded herein shall follow all the terms conditions definitions and exclusions of the 3. SECTION Hl LIMITS OF INSURANCE controliing underlying insurance policy designated in A. The Limits of Insurance shown in Schedule and Schedule l. the rules below fix the most we will pay regardless 2. SECTION COVERAGE EB of the number of A. We will pay those sums that the insured must 1. Insureds legally pay as damages 2. Claims made or suits brought or 1. Because of employee benefits injury to 3. Persons or organizations making claims or which this endorsement applies and bringing suits. 2. That are in excess of the limits of insurance in B. The Aggregate Limit is the most we will pay for all the controlling underlying insurance policy. damages to which this endorsement applies. Coverage Employee Benefits Liability Coverage Employee Benefits Liability 1000000 eal 2000000 ag Form XL 04 39 04 99 Page 1 of 2 1999 The Hartford | 2 |
C. Subject to B. above the Each Claim Limit is the most we will pay for all damages with respect to any one claim. Our obligations under this endorsement end when the applicable Limit of Insurance is used up. If we pay for any damages in excess of that Limit of Insurance you agree to reimburse us for such amounts. E. The Limits of Insurance shown in Schedule apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in Schedule I unless the endorsement is extended after issuance for an additional period of less than 12 months. 4. ADDITIONAL DEFINITIONS Controlling underlying insurance policy means the policy of underlying insurance designated in Schedule Nl providing coverage and limits for Employee Benefits Liability. Page 2 of 2 Form XL 04 39 04 99 | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION CARE CUSTODY OR CONTROL OF PERSONAL PROPERTY 00124 This endorsement modifies insurance provided under the 3. Inthe cars custody or control o UMBRELLA LIABILITY POLICY 2 S v 2 E This policy does not apply to property damage to personal property 1. Rentedto 2. Used by or Of any insured or as to which any insured is for any purpose exercising physical control. This endorsement modifies insurance provided under the UMBRELLA LIABILITY POLICY Form XL 2104 07 86 Printed in US.A. 1986 The Hartford | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION CARE CUSTODY OR CONTROL OF REAL PROPERTY n S S This endorsement modifies insurance provided under the UMBRELLA LIABILITY POLICY 1 b v 2 Z This policy does not apply to property damage to real property Iy 1. Owned by 4 2. Occupied by 3. Rented to or 4. In the care custody or control Of any insured or as to which any insured is for any purpose exercising physical control. Wi This endorsement modifies insurance provided under the UMBRELLA LIABILITY POLICY Form XL 21 0507 86 Printed in U.S.A. 1986 The Hartford | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION INSPECTION SERVICES 00126 o 2 3 8 8 2 2 g P S S S 3 b NEIEIT This endorsement modifies insurance provided under the UMBRELLA LIABILITY POLICY This policy does not apply to liability arising out of 1. The making of or failure to make inspections of any premises or operations by or for any insured for the purpose of determining or warranting that such premises or operations are a. Safe b. Healthful or c. In compliance with any laws rules regulations standards or codes or 2. The performance of or failure to perform any administrative or regulatory function pertaining thereto. This exclusion does not apply to liability caused directly by the person or persons conducting such inspection during the course of such inspection. This endorsement modifies insurance provided under the UMBRELLA LIABILITY POLICY Form XL 21 07 07 86 Printed in U.S.A. 1986 The Hartford | 2 |
Policy Number THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION DESIGNATED PROFESSIONAL SERVICES This endorsement modifies insurance provided under the UMBRELLA LIABILITY POLICY 00127 SCHEDULE Description of Professional Services SEE IH1201 I 1400237NJ96660101 This policy does not apply to bodily injury property damage or personal and advertising injury arising out of the rendering of or failure to render any professional services described in the Schedule of this endorsement. This endorsement modifies insurance provided under the UMBRELLA LIABILITY POLICY SCHEDULE Form XL 21241100 2000 The Hartford | 2 |
Policy Number 37 RHU NJ9666 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION DESIGNATED OPERATIONS This endorsement modifies insurance provided under the UMBRELLA LIABILITY POLICY 00128 SCHEDULE Description of Operations SEE IH1201 Il o 3 o 0 o B z o S S Location If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement. This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of operations described and at locations shown in the Schedule. This endorsement modifies insurance provided under the UMBRELLA LIABILITY POLICY SCHEDULE Form XL 2163 11 00 2000 The Hartford | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ABSOLUTE LEAD EXCLUSION This endorsement modifies insurance provided under the by UMBRELLA LIABILITY POLICY s S a This policy does not apply to any damages judgments c. Arise out of any claim or any suit for damages o settlements loss costs or expenses that because of vy a. May be awarded or incurred by reason of any 1. Identification of abatement of testing for 2 claim or suit alleging actual or threatened injury sampling monitoring cleaning up E or damage of any nature or kind to persons or removing covering containing treating y property which arises out of or would not have detoxifying decontaminating neutralizing or S occurred in whole or in part but for the lead mitigating or in any way responding to or hazard or assessing the effects of the lead hazard or boy b. Arise out of any request demand or order to 2. As a result of such effects repairing 1. Identify abate test for sampie monitor replacing or improving any property. clean up remove cover contain treat As used in this exclusion lead hazard means an detoxify decontaminate neutralize or exposure or threat of exposure to the actual or alleged mitigate or in any way respond to or assess properties of lead and includes the mere presence or the effects of the lead hazard or suspected presence of lead in any form or combination. 2. As aresult of such effects repair replace or improve any property. Form XL 21 82 03 93 Printed in U.S.A. 1993 The Hartford | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION ASSOCIATION CHAPTER OR CLUB ACTIVITIES 00130 This endorsement modifies insurance provided under the following UMBRELLA LIABILITY POLICY This policy does not apply to the ownership maintenance or use of any auto that is owned leased hired rented or borrowed by or used in the business of any chapter club or similar entity affiliated with you under any chapter license franchise or similar arrangement. 1400237NJ96660101 Form XL 229407 95 Printed in US.A. NS 1995 The Hartford | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION FINANCIAL SERVICES This endorsement modifies insurance provided under the UMBRELLA LIABILITY POLICY 00131 o o o o o 2z g o 3 UMBRELLA LIABILITY POLICY This policy does not apply to bodily injury property damage or personal and advertising injury resulting from the rendering of or the failure to render financial services by any insured to others. For the purpose of this exclusion financial services include but are not limited to 1. Planning administering or advising on a. Any 1 Investment 2 Pension 3 Annuity 4 Savings 5 Checking or 6 Individual retirement plan fund or account b. The issuance or withdrawal of any bond debenture stock or other securities c. The trading of securities commodities or currencies or d. Any acquisitions or mergers Acting as a dividend disbursing agent exchange agent redemption or subscription agent warrant or scrip agent fiscal or paying agent tax withholding agent escrow agent clearing agent or electronic funds transfer agent Lending or arranging for the lending of money including credit card debit card leasing or mortgage operations or activities or interbank transfers Repossessing of real or personal property from a borrower or acting as an assignee for the benefit of creditors Checking or reporting of credit Maintaining of financial accounts or records Tax planning tax advising or the preparation of tax returns or Selling or issuing ftravelers checks letters of credit cerlified checks bank checks or money orders. ering or advising on or retirement ccount Form XL 23 13 08 03 Page 1 of 1 2003 The Hartford | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION INSPECTION APPRAISAL AND SURVEY COMPANIES 00132 1400237NJ96660101 This endorsement modifies insurance provided under the UMBRELLA LIABILITY POLICY This policy does not apply to bodily injury property damage or personal and advertising injury for which the insured may be held liable because of the rendering of or failure to render professional services in the performance of any claim investigation adjustment engineering inspection appraisal survey or audit services. This endorsement modifies insurance provided under the UMBRELLA LIABILITY POLICY Form XL 23 14 08 03 Page 1 of 1 2003 The Hartford | 2 |
PRI TRTHEUNMEINE I 2.0023m556560101 00133 o THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION INSURANCE AND RELATED OPERATIONS This endorsement modifies insurance provided under the UMBRELLA LIABILITY POLICY This policy does not apply to bodily injury property damage or personal and advertising injury for which the insured may be held liable 1. Because of a. Any obligation assumed by any insured or b. The failure to discharge or the improper discharge of any obligation or duty contractual or otherwise with respect to any contract or treaty of insurance reinsurance suretyship annuity endowment or employee benefit plan including applications receipts or binders 2. Because of the membership in or contribution to or management or administration of any insurance plan pool association insolvency or guarantee fund or any similar insurance fund organization or association whether voluntary or involuntary 3. Resulting from the rendering of or failure to render the following professional services a. Advising inspecting reporting or making recommendations in the insured s capacity as an insurance company consultant broker agent or representative thereof b. Effecting insurance reinsurance or suretyship coverages c. Investigating defending or settling any claim under any contract or treaty of insurance self insurance reinsurance or suretyship d. Auditing or maintaining accounts or records of others e. Conducting an invesiment loan or real estate department or operations f. Acting in any capacity as a fiduciary or trustee for mutual funds pension or welfare funds annuities endowments employee benefit plans or other similar activities or g. Performing any claim investigative adjustment engineering.inspection consulting survey audit appraisal actuarial or data processing service for a fee THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION INSURANCE AND RELATED OPERATIONS This endorsement modifies insurance provided under the UMBRELLA LIABILITY POLICY TE Form XL 23 15 08 03 Page 1 of 1 2003 The Hartford | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION FINANCIAL INSTITUTIONS CONSTRUCTION LOANS OR FINANCE This endorsement modifies insurance provided under the UMBRELLA LIABILITY POLICY This policy does not apply to property damage to or bodily injury or property damage arising out of any building 1. In which the insured holds a security interest because of loans made in connection with its construction or 2. The construction of which the insured has otherwise financed. Il 1c00237ma96660101 00134 This endorsement modifies insurance provided under the UMBRELLA LIABILITY POLICY Form XL 23 16 08 03 Page 1 of 1 2003 The Hartford | 2 |
by THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION SILICA NEW YORK This endorsement modifies insurance provided under the following UMBRELLA LIABILITY POLICY S CNUUISCInent Ioines Hsdralce providea unaet me 1onowing UMBRELLA LIABILITY POLICY A. The following exclusion is added This policy does not apply to SILICA Any injury damage loss cost or expense including but not limited to bodily injury property damage or personal and advertising injury arising out of or relating to in whole or in par the silica hazard B. The following is added to the Definitions Section Silica hazard means an exposure to inhalation of or ingestion of or threat of exposure to inhalation of or ingestion of respirable silica or any silica containing materials in respirable form. Silica includes all forms of the compound silicon dioxide including but not limited to quartz. Hmwmmll 1400237NJ96660101 00135 Form XL 23 22 09 04 Page 1 of 1 Page 1 of 1 2004 The Hartford Includes copyrighted material of Insurance Services Office with its permission. | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RECORDING AND DISTRIBUTION OF MATERIAL OR INFORMATION IN VIOLATION OF LAW EXCLUSION This endorsement modifies insurance provided under the following UMBRELLA LIABILITY POLICY This endorsement modifies insurance provided under the following UMBRELLA LIABILITY POLICY The following exclusion is added to Paragraph B. Exclusions of Section Coverages For Virginia policyholders with Umbrella Liability Policy Provisions form XL 00 15 this exclusion replaces the Distribution of Material In Violation Of Statutes exclusion under Paragraph B. of Section Coverages This policy does not apply to Recording And Distribution Of Material Or Information In Violation Of Law Any injury damage loss cost or expense including but not limited to bodily injury property damage or personal and advertising injury arising directly or indirectly out of any action or omission that violates or is alleged to violate a. The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law b. The CAN SPAM Act of 2003 including any amendment of or addition to such law c. The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transaction Act FACTA or d. Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information w a o o o o o 2 Z N o o S x Form XL 23 26 1210 Page 1 of 1 2010 The Hartford Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FOLLOWING FORM ENDORSEMENT FIDUCIARY OR REPRESENTATIVE LIABILITY OF FINANCIAL INSTITUTIONS H 1400237NJ96660101 00137 SRV R W R wresaws This endorsement modifies insurance provided under the UMBRELLA LIABILITY POLICY This policy does not apply to bodily injury property damage or personal and advertising injury arising out of the ownership maintenance or use including all related operations of property for which you are acting in a fiduciary or representative capacity. EXCEPTION This exclusion does not apply if underlying insurance is maintained providing coverage for such liability with minimum underlying limits as described in the Schedule of Underlying Insurance Policies but in no event shall any coverage restored by this exception apply to any claim or suit to which underlying insurance does not apply. Coverage provided by this exception will follow the provisions exclusions and limitations of the underlying insurance. Condition K. Maintenance Of Underlying Insurance applies to this exception. This endorsement modifies insurance provided under the UMBRELLA LIABILITY POLICY Form XL 24 131210 Page 1 of 1 2010 The Hartford Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM This endorsement modifies insurance provided under the UMBRELLA LIABILITY POLICY This endorsement modifies However if aggregate insured losses attributable to certified acts of terrorism under the federal Terrorism Risk Insurance Act as amended TRIA exceed 100 billion in a calendar year the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. The United States Government has not charged any premium for their participation in covering terrorism losses. B. Cap On Insurer Liability For Terrorism Losses A certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act to be an act of terrorism under TRIA. The criteria contained in TRIA for a certified act of terrorism include the following 1. The act results in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to TRIA and 5l e 4 UMBRELLA L o S A. Disclosure Of Federal Share Of Terrorism 2 Losses v The United States Department of the Treasury 3 will reimburse insurers for a portion of such g insured losses as indicated in the table below Q that exceeds the applicable insurer deductible 4 Calendar Year Federal Share of A Terrorism Losses 2015 85 2016 84 2017 33 2018 82 2019 81 2020 or later 80 2. The act results in damage within the United States or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission and 3. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. If aggregate insured losses attributable to certified acts of terrorism under TRIA exceed 100 billion in a calendar year and we have met or will meet our insurer deductible under TRIA we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion. In such case your coverage for terrorism losses may be reduced on a pro rata basis in accordance with procedures established by the Treasury based on its estimates of aggregate industry losses and our estimate that we will exceed our insurer deductible. In accordance with Treasury procedures amounts paid for losses may be subject to further adjustments based on differences between actual losses and estimates. Application of Other Exclusions The terms and limitations of any terrorism exclusion the inapplicability or omission of a terrorism exclusion or the inclusion of Terrorism coverage do not serve to create coverage for any loss which would otherwise be excluded under this Coverage Part or Policy such as losses excluded by the Nuclear Hazard Exclusion Pollution Exclusion or War Exclusion Form XL 23 30 01 15 Page 1 of 1 2015 The Hartford Includes copyrighted material of the Insurance Services Office Inc. with its permission. | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FOLLOWING FORM ENDORSEMENT MORTGAGE FORECLOSURE This endorsement modifies insurance provided under the UMBRELLA LIABILITY POLICY 00139 1400237NJ96660101 This endorsement modifies insurance provided under the UMBRELLA LIABILITY POLICY This policy does not apply to bodily injury property damage or personal and advertising injury arising out of the ownership maintenance or use including all related operations of real property acquired by foreclosure. EXCEPTION This exclusion does not apply if underlying insurance is maintained providing coverage for such liability with minimum underlying limits as described in the Schedule of Underlying Insurance Policies but in no event shall any coverage restored by this exception apply to any claim or suit to which underlying insurance does not apply. Coverage provided by this exception will follow the provisions exclusions and limitations of the underlying insurance. Condition K. Maintenance Of Underlying Insurance applies 10 this exception Form XL 2414 1210 Page 1 of 1 2010 The Hartford Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIMITATION ENDORSEMENT IMPUTED LEGAL LIABILITY NEW YORK This endorsement modifies insurance provided under the following UMBRELLA LIABILITY POLICY o 3 o o o o v o Z o 1 This endorsement modifies insurance provided under the following UMBRELLA LIABILITY POLICY It is agreed that subject to all terms conditions exclusions and definitions of the policy not expressly modified herein this endorsement provides coverage for bodily injury and property damage 1. Arising out of an intentional or willful act 2. Caused by an occurrence as defined below and 3. For which the insured is legally liable. Solely for the purposes of the coverage provided by this endorsement occurrence means From the standpaint of the insured an accident including continuous or repeated exposure to substantially the same general harmful conditions. However The coverage that would otherwise be provided by this endorsement applies only to the extent 1 Of the scope of coverage provided by the underlying insurance but in no event shall coverage be broader than the scope of coverage provided by the policy of which this endorsement forms a part and 2 That such coverage provided by the underlying insurance is maintained having limits as set forth in the Schedule of Underlying Insurance Policies of the policy of which this endorsement forms a part. Form XL 24 43 06 99 1999 The Hartford | 2 |
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