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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FOLLOWING FORM ENDORSEMENT PERSONAL AND ADVERTISING INJURY This endorsement modifies insurance provided under the following UMBRELLA LIABILITY POLICY Exclusion B.4. Section Coverages is replaced by the following 4. Personal And Advertising Injury This policy does not apply to personal and advertising injury. EXCEPTION This exclusion does not apply to the extent that coverage for such personal and advertising injury is provided by underlying insurance but in no event shall any personal and advertising injury coverage provided under this policy apply to any claim or suit to which underlying insurance does not apply. Any coverage restored by this EXCEPTION applies only to the extent that such coverage provided by the underlying insurance is maintained having limits as set forth in the Schedule of Underlying insurance Policies I Ill 1400237NJ96660101 00141 This endorsement modifies insurance provided under the following UMBRELLA LIABILITY POLICY Form XL 24 60 12 09 Page 1 of 1 2009 The Hartford | 2 |
. POLICY NUMBER 37 RHU NJ9666 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following EXCLUSION DESIGNATED PROFESSIONAL SERVICES 00142 COMMERCIAL UMBRELLA COVERAGE PART XL2124 DESCRIPTION OF PROFESSIONAL SERVICES ALL PROFESSIONAL EXPOSURES RELATING TO INSURANCE OPERATIONS 1400237NJ96660101 FormIH12011185 SEQ.NO. 02 Printedin US.A. | 2 |
POLICY NUMBER 37 RHU NJ9666 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following EXCLUSION DESIGNATED OPERATIONS m g S COMMERCIAL UMBRELLA COVERAGE PART a S XL2163 DESCRIPTION OF OPERATIONS THE LEASE RENTAL OR SALE OF EQUIPMENT OR PROPERTY OTHER THAN REAL PROPERTY TO OTHERS 2 g I S S LOCATION 1 LIBERTY PLZ NEW YORK NY 10006 Form IH12 011185 SEQ.NO. 03 Printedin US.A. | 2 |
THE E HArTFORD PRODUCER COMPENSATION NOTICE PRODUCER COMPENSATION NOTICE 00144 You can review and obtain information on The Hartford s producer compensation practices at www.TheHartford.com or at 1 800 592 5717. o o o o B Z2 N oS 3 o Form G3418 0 | 2 |
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Declarations ACE Umbrella Plus ace group Commercial Umbrella Liability Policy Policy Symbol XOO Previous Policy Symbol XOO Policy Number G27373938 Previous Policy Number G25916190 COVERAGE IS PROVIDED IN THE COMPANY SHOWN BELOW ACE Property and Casualty Insurance Company 436 Walnut Street Philadelphia PA 19106 Named Insured and Address Producer Name and Address Dillard s Inc. Lockton Companies LLC 1600 Cantrell Road 444 West 47th Street Suite 900 Little Rock AR 72201 Kansas City MO 64112 PRODUCER CODE 115579 Policy Period From 1282014 to 1282015 gfedefefiirfadafd Time at the Address of the Named Insured as Limits of Insurance 25000000 Each Occurrence 25000000 General Aggregate 25000000 Products Completed Operations Aggregate 50000 Self Insured Retention Annual Premium 645814 Premium 30753 Terrorism Premium included in Annual Premium State Surcharge 645814 Premium including all Surcharges and Assessments Policy Period Premium 645814 Premium 30753 Terrorism Premium included in Annual Premium 645814 Premium including all Surcharges and Assessments Schedule of Underlying Insurance Refer to the attached Schedule of Underlying Insurance which forms a part of this Policy s Declarations. Endorsements and Forms Refer to the attached Schedule of Endorsements for the forms and endorsements forming this policy at inception. ACE Prop Company atficid fHisUlicid alid AUl Toes illard s Inc. 500 Cantrell Road ttle Rock AR 72201 PUMULET INallle alil AldlTes ockton Companies LLC 44 West 47th Street Suite 900 ansas City MO 64112 i itieulativs 25000000 Each Occurrence 25000000 General Aggregate w ol Yo TEHVTSHIT PTEHIUH T GUASUA T Al ival Tretiidt harge v T At b 2009 Page 1 of 1 XS 22695a 0809 | 2 |
p grou e ac al Schedule of Forms and Endorsements NAMED INSURED POLICY NUMBER POLICY PERIOD Dillard s Inc. X0O0 G27373938 1282014 1282015 Endorsement Form Number Title Number Edition Date XS9U57b 0809 Schedule of Underlying Insurance XS20835 0806 Commercial Umbrella Liability Policy ALL20887 1006 ACE Producer Compensation Practices Policies XS28500a 0813 ACE Group Specialty Claims Loss Notification Form IL P 001 0104 U.S. Treasury Department s Office of Foreign Assets Control OFAC Advisory Notice To Policyholders XS22552 0607 Catastrophe Management Policyholder Notice ALL2Y31a 0206 Arkansas Notice to Policyholders 1 CC1K11 g 0111 Signatures 2 XS20745 0806 Aircraft Products And Grounding Exclusion 3 XS20746 0806 Anti Stacking Endorsement 4 XS25998 1108 Auto Liability Follow Form Endorsement 5 XS23629 012008 Discrimination Follow Form Endorsement 6 XS20750 0806 Contractors Limitation Endorsement 7 XS20772 0806 Residential Stucco Eifs Exclusion Endorsement 8 XS20779 0806 Fungi Or Bacteria Exclusion 9 XS20782 0806 Cancellation Amendatory Endorsement 10 XS20796 0806 Cross Suits Exclusion 11 XS20803 0806 Earth Movement Exclusion 12 XS20819 0806 Professional Services Liability Exclusion Absolute 13 XS20827 0806 Unimpaired Aggregate Endorsement 14 XS20854 0806 Lead Exclusion 15 XS26431 0209 Silica or Silica Related Dust Exclusion 16 XS34018 0112 Unsolicited Communications Exclusion Amendment to Include FACTA PR Fu O YTbLoONO QN2 Ve 2009 XS27991 0809 Page 1 0of 2 | 2 |
p grou e C a Schedule of Forms and Endorsements NAMED INSURED POLICY NUMBER POLICY PERIOD Dillard s Inc. X0O0 G27373938 1282014 1282015 Endorsement Form Number Title Number Edition Date 17 XS22088 0407 Catastrophe Management Coverage Endorsement 18 TRIA11b 0108 Disclosure Pursuant To Terrorism Risk Insurance Act 19 XS23669 0108 Cap On Losses From Certified Acts Of Terrorism 20 XS15921 0704 Arkansas Changes Cancellation Nonrenewal And State Required Conditions 21 XS23785 012008 Texas Employers Liability Endorsement 22 MS26179 1113 Industrial Aid Aircraft Endorsement Multiple Limits ne B 2009 XS27991 0809 Page 2 of 2 | 2 |
p grou e c a Schedule of Underlying Insurance NAMED INSURED POLICY NUMBER Dillard s Inc. XOO G27373938 Commercial General Liability Company Safety National Policy Number TBD Policy Period 1282014 1282015 Automobile Liability Company Safety National Policy Number TBD Policy Period 1282014 1282015 Employers Liability Company Safety National Policy Number TBD Policy Period 1282014 1282015 POLICY PERIOD 1282014 1282015 Limits of Insurance General Aggregate 10000000 Products Completed 4000000 Operations Aggregate Personal and Advertising Injury 4000000 Each Occurrence Corridor Deductible Corridor Deductible Aggregate 1.000.000 1.000.000 1.000.000 Limits of Insurance Bodily Injury and Property Damage Combined Single Limit 1000000 Each Accident CSL Limits of Insurance Bodily Injury by Accident 1.000.000 Each Accident Bodily Injury By Disease 1.000.000 Each Policy 1.000.000 Each Employee In any jurisdiction state or province where the amount of Employers Liability Insurance provided by the Underlying Insurers is by law Unlimited the underlying Employers Liability limits shown in the above schedule do not apply and no coverage shall be provided for Employers Liability under this policy. bl el il M isial Ridanty ompany Safety National olicy Number TBD olicy Period 1282014 1282015 General Agg Products C Operations A Personal anc Advertising Ir Each Occurrs Corridor Ded Corridor Ded Aggregate s ggregate Completed s Aggregate and g Injury urrence deductible deductible W el alivs 10000000 4.000.000 4000000 1.000.000 1.000.000 1.000.000 wiviiivians idi e ompany Safety National Bodily Injury and Property Damage Combined Single Limit olicy Number TBD 1000000 Each Accident CSL olicy Period 1282014 1282015 PV yEle Lidianmnty W el alivs ompany Safety National Bodily Injury by Accident 1.000.000 Each Accident olicy Number TBD Bodily Injury By Disease 1.000.000 Each Policy 1.000.000 Each Employee olicy Period 1282014 1282015 2009 XS9U57b 0809 Page 1 of 1 | 2 |
p grou e ac al Schedule of Underlying Insurance Continued NAMED INSURED POLICY NUMBER POLICY PERIOD Dillard s Inc XOO G27373938 1282014 1282015 Coverage Employee Benefits Liability Limits of Insurance Company Safety National 1.000.000 Each Claim Limit Policy Number TBD 1.000.000 Aggregate Limit Policy Period 1282014 1282015 Coverage Automobile Liability Vicarious Liability Limits of Insurance Interest in Forth Worth Carrier Corporation Company TBD 1.000.000 Each Occurence Policy Number TBD Policy Period 1282014 1282015 Coverage Lead Umbrella CDI Contractors Limits of Insurance American Gurantee and Liability Insurance Company Company 25.000.000 Aggregate Policy Number TBD 25000000 Each Occurence Policy Period 1282014 1282015. yee wet e Lianity National 1.000.000 Ez 1.000.000 A alives WIVEIay Company e y vy t in Forth Worth Carrier Corporation Ve Lialiy b 1.000.000 Each Occurence elid WA btiitaLivtsy an Gurantee and Liability Insurance ny 25.000.000. 25000000 Suidalivs jgregate ach Occurence 2009 XS8W89a 0809 Page 1 of 1 | 2 |
ACE Umbrella Plus Commercial Umbrella Liability Policy Various provisions in this policy restrict coverage. Please read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. Refer to Section VI Definitions. We the Company named in the Declarations relying upon the statements shown on the Declarations page and in the schedule of underlying insurance attached to this policy and in return for the payment of premium and subject to its terms conditions and limits of insurance of this policy agree with you as follows INSURING AGREEMENT A. We will pay on behalf of the insured those sums in excess of the retained limit that the insured becomes legally obligated to pay as damages because of bodily injury property damage or personal and advertising injury to which this insurance applies. 1. This insurance applies to bodily injury and property damage that takes place in the coverage territory but only if a. The bodily injury or property damage is caused by an occurrence b. The bodily injury or property damage occurs during the policy period and c. Prior to the policy period no insured and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If any insured listed under Paragraph A. of Section Il Who Is An Insured or any authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. 2. This insurance applies to personal and advertising injury that arises out of your business but only if the offense causing the personal and advertising injury takes place in the coverage territory and during the policy period. B. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any insured listed under Paragraph A. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. C. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph A. of Section Il Who Is An Insured or any employee authorized by you to give or receive notice of an occurrence or claim 1. Reports all or any part of the bodily injury or property damage to us or any other insurer 2. Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3. Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. XS20835 0806 Page 1 0of 19 | 0 |
D. Damages because of bodily injury include damages claimed by any person or organization for care loss of services or death resulting at any time from the bodily injury. The amount we will pay for damages is limited as described in Section IV Limits of Insurance. Il. WHO IS AN INSURED A. The following are insureds 1. 2. The Named Insured named in Item 1 of the Declarations of this policy is an insured. Any subsidiary of the Named Insured named in Item 1 of the Declarations of this policy and any other organization under your control and active management at the inception date of this policy is an insured providing such subsidiary or organization is included as an insured in the underlying insurance and was made known to us prior to or at the inception date of this policy If you are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. c. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. d. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. e. 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 either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for a. Bodily injury or personal and advertising injury 1 To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a coemployee while in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business 2 To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of Paragraph a.1 above For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs a.1 or 2 above or 4 Arising out of his or her providing or failing to provide professional health care services. b. Property damage to property 1 Owned occupied or used by you 2 Rented to inthe care custody or control of or over which physical controlis being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. XS20835 0806 Page 20f 19 | 1 |
Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. Any person or organization having proper temporary custody of your property if you die but only a. With respect to liability arising out of the maintenance or use of that property and b. Until your legal representative has been appointed. 4. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this policy. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as an insured if it also qualifies as an insured in underlying insurance and there is no other similar insurance available to that organization. However a. Coverage under this provision is afforded only until the 90 day after you acquire or form the organization or the end of the policy period whichever is earlier b. This insurance does not apply to bodily injury or property damage that occurred before you acquired or formed the organization c. This insurance does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization and d. We reserve the right to charge an additional premium if such organization qualifies as an insured. Any person or organization if insured under underlying insurance provided that coverage provided by this policy for any such insured will be no broader than coverage provided by underlying insurance. Notwithstanding anything above no person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. lll. DEFENSE AND SUPPLEMENTARY PAYMENTS A. We will have the right and duty to defend the insured against any suit seeking damages for bodily injury property damage or personal and advertising injury even if groundless false or fraudulent to which this insurance applies 1. When damages sought would be covered by underlying insurance but are not covered by that insurance because of the exhaustion of the applicable limits of underlying insurance by the payment of loss covered by this policy or 2. When damages sought would be covered under any other insurance but are not covered by that insurance because of the exhaustion of the applicable limits of other insurance by the payment of loss covered under such other insurance or 3. When damages sought for bodily injury property damage or personal and advertising injury are not covered by underlying insurance or any other insurance or any applicable self insured retention has been exhausted by the payment of loss covered by this policy. We will have no duty to defend the insured against any suit seeking damages for bodily injury property damage or personal and advertising injury to which this insurance does not apply. We will have the right but not the duty to associate in the investigation of any claim and the defense of any suit which may in our opinion result in damages to which this insurance applies. If we assume the defense of any suit against the insured we will pay in addition to the applicable Limit of Insurance 1. All expenses we incur. 2. Up to 250 for cost of bail bonds because of an occurrence that may result in bodily injury or property damage covered by this policy. We do not have to furnish these bonds. XS20835 0806 Page 3 of 19 | 1 |
E. 3. The cost of bonds to release attachments but only for bond amounts within the applicable Limit of Insurance. We do not have to furnish these bonds. 4. The cost of appeal bonds required by law to appeal any suit we defend but only for bond amounts within the applicable Limit of Insurance. We do not have to apply for or furnish such bond. 5. All reasonable expenses incurred by the insured at our request to assist us in the investigation of any claim or the defense of any suit covered under this policy including actual loss of earnings because of time off from work. 6. All costs taxed against the insured in the suit. 7. Pre judgment interest awarded against the insured on that part of the judgment within the applicable Limit of Insurance that we pay. If we make an offer to pay the applicable Limit of Insurance we will not pay any prejudgment interest accruing after the offer. 8. Post judgment interest on that part of any judgment that we become obligated to pay which accrues after entry of the judgment and before we have paid offered to pay or deposited in court the part of the judgment that we have become obligated to pay which is within the applicable Limit of Insurance. Our right and duty to defend ends when the applicable Limit of Insurance of this policy has been exhausted by the payment of loss. 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 or 3. Persons or organizations making claims or bringing suits. The General Aggregate Limit shown in the Declarations is the most we will pay for all damages except 1. Damages because of bodily injury or property damage included in the products completed operations hazard and 2. Damages because of bodily injury or property damage arising out of the ownership maintenance or use of a covered auto. The Products Completed Operations Aggregate Limit shown in the Declarations is the most we will pay for damages because of bodily injury and property damage included in the products completed operations hazard. Subject to Paragraphs B and C above the Each Occurrence Limit shown in the Declarations is the most we will pay for the sum of all damages because of bodily injury property damage and personal and advertising injury arising out of any one occurrence. If the applicable limits of underlying insurance have been 1. Reduced by the payment of loss covered by this policy then this policy will be excess of the reduced limit of underlying insurance. 2. Exhausted by the payment of loss covered by this policy then this policy will continue in force as underlying insurance. The Limits of Insurance of this policy apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance. XS20835 0806 Page 4 of 19 | 1 |
V. EXCLUSIONS This insurance does not apply to A. Aircraft or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured if the occurrence which caused the bodily injury or property damage involved the ownership maintenance use or entrustment to others of any aircraft or watercraft that is owned or operated by or rented or loaned to any insured. This exclusion does not apply to 1. A watercraft while ashore on premises you own or rent or 2. A watercraft you do not own that is a. Less than 26 feet long and b. Not being used to carry persons or property for a charge. This exclusion does not apply to the extent that such coverage is provided by underlying insurance or would have been provided but for the exhaustion of the applicable limits of underlying insurance by the payment of loss covered by this policy provided however that coverage provided by this policy will be no broader than coverage provided by underlying insurance. B. Asbestos Any loss demand claim or suit arising out of or related in any way to asbestos or asbestos containing materials. C. Contractual Liability Bodily injury or property damage for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages 1. That the insured would have in the absence of the contract or agreement or 2. Assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of bodily injury or property damage provided a. Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and b. Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. D. Damage to Impaired Property or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of 1. Adefect deficiency inadequacy or dangerous condition in your product or your work or 2. 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. XS20835 0806 Page 5 of 19 | 1 |
E. Damage to Property Property damage to 1. Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property 2. Premises you sell give away or abandon if the property damage arises out of any part of those premises 3. Property loaned to you 4. Personal property in the care custody or control of the insured 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 6. That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraphs 1 3 and 4 of this exclusion do not apply to property damage other than damage by fire to premises including the contents of such premises rented to you for a period of seven 7 or fewer consecutive days. Paragraph 2 of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs 3 4 5 and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to property damage included in the products completed operations hazard. F. Damage to Your Product Property damage to your product arising out of it or any part of it. G. Damage to Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. H. Electronic Chat Rooms or Bulletin Boards Personal and advertising injury arising out of an electronic chat room or bulletin board the insured hosts owns or over which the insured exercises control. I. Employer s Liability Bodily injury to 1. An employee of the insured arising out of and in the course of a. Employment by the insured or b. Performing duties related to the conduct of the insured s business or 2. The spouse child parent brother or sister of that employee as a consequence of Paragraph 1 above. This exclusion applies 1. Whether the insured may be liable as an employer or in any other capacity and XS20835 0806 Page 6 of 19 | 1 |
2. To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply 1. To liability assumed by the insured under an insured contract. 2. To the extent that such coverage is provided by underlying insurance or would have been provided but for the exhaustion of the applicable limits of underlying insurance by the payment of loss covered by this policy provided however that coverage provided by this policy will be no broader than coverage provided by underlying insurance. J. Employment Practices Bodily injury property damage or personal and advertising injury arising out of 1. Refusal to employ 2. Termination of employment 3. Coercion demotion evaluation reassignment discipline defamation harassment humiliation failure to promote retaliation violation of civil rights invasion of privacy discrimination or other acts or omissions arising out of employment related practices or other employment related practices policies acts or omissions or 4. Any consequential liability damages loss cost or expense as a result of 1 2 or 3 above. This exclusion applies whether or not the insured may be held liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of such injury or damages. K. Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. L. Infringement of Copyright Patent Trademark or Trade Secret Personal and advertising injury arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. However this exclusion does not apply to infringement in your advertisement of copyright trade dress or slogan. M. Insureds in Media and Internet Type Businesses Personal and advertising injury committed by an insured whose business is 1. Advertising broadcasting publishing or telecasting 2. Designing or determining content of web sites for others or 3. An Internet search access content or service provider. However this exclusion does not apply to Section VI Definitions R. Personal and advertising injury Paragraphs 1 2 and 3. For the purposes of this exclusion the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. N. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of 1. Causing or contributing to the intoxication of any person 2. The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or XS20835 0806 Page 7 of 19 | 1 |
3. Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. This exclusion does not apply to the extent that such coverage is provided by underlying insurance or would have been provided but for the exhaustion of the applicable limits of underlying insurance by the payment of loss covered by this policy rovided however that coverage provided by this policy will be no broader than coverage provided by underlying insurance. 0. Miscellaneous Laws Any loss demand claim or suit under 1. The Employee Retirement Income Security Act of 1974 including any amendment thereto or any similar law. 2. Any workers compensation disability benefits or unemployment compensation laws or any similar laws. 3. Any auto no fault law any uninsured or underinsured motorist law any personal injury protection law or similar law. P. Nuclear 1. To any injury or damage a. With respect to which an insured under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its limit of insurance or Resulting from the hazardous properties of nuclear material and with respect to which 1 any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or 2 the insured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization. 2. To any injury or damage resulting form the hazardous properties of nuclear material if a. The nuclear material 1 is at any nuclear facility owned by or operated by or on behalf of an insured or 2 has been discharged or dispersed therefrom 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 injury or damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operations or use of any nuclear facility. As used in this exclusion 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 XS20835 0806 Page 8 of 19 | 1 |
h. Waste means any waste material a containing by product material other than the tailings or waste produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility. Nuclear facility means 1 Any nuclear reactor 2 Any equipment or device designed or used for 1 separating the isotopes of uranium or plutonium 2 processing or utilizing spent fuel or 3 handling processing or packaging waste 3 Any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235. 4 Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. 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. Injury or damage includes all forms of radioactive contamination of property. Q. Other Personal and Advertising Injury 1. 6. Personal and advertising injury caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. Personal and advertising injury arising out of oral or written publication of material if done by or at the direction of the insured with knowledge of its falsity. Personal and advertising injury arising out of oral or written publication of material whose first publication took place before the beginning of the policy period. Personal and advertising injury arising out of a criminal act committed by or at the direction of the insured. Personal and advertising injury for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages a. That the insured would have in the absence of the contract or agreement or b. Assumed in a contract or agreement that is an insured contract provided the personal and advertising injury offense takes place subsequent to the execution of the contract or agreement. Solely for the purposes of liability assumed in an insured contract reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of personal and advertising injury provided i. Liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and ii. Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. Personal and advertising injury arising out of a breach of contract except an implied contract use another s advertising idea in your advertisement. XS20835 0806 Page 9 of 19 | 1 |
1. Personal and advertising injury arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement. Personal and advertising injury arising out of the wrong description of the price of goods products or services stated in your advertisement. R. Pollution Bodily injury property damage or personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a. At or from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured At or from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste Which are or were at any time transported handled stored treated disposed of or processed as waste by or for 1 Any insured or 2 Any person or organization for whom you may be legally responsible At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants That are or that are contained in any property that is 1 Being transported or towed by handled or handled for movement into onto or from a covered auto Otherwise in the course of transit by or on behalf of the insured or 3 Being stored disposed of treated or processed in or upon a covered auto Before the pollutants or any property in which the pollutants are contained are moved from the place where they are accepted by the insured for movement into or onto the covered auto or After the pollutants or any property in which the pollutants are contained are moved from a covered auto to the place where they are finally delivered disposed of or abandoned by the insured. However the following exceptions to this exclusion apply to the extent that such coverage is provided by underlying insurance or would have been provided but for the exhaustion of the app licable limits of underlying insurance by the payment of loss covered by this policy provided however that coverage provided by this policy will be no broader than coverage provided by underlying insurance 1. Paragraph 1.a. of this exclusion does not apply to bodily injury if sustained within a building and caused by smoke fumes vapor or soot from equipment used to heat that building. Paragraph 1.a. of this exclusion does not apply to bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to your policy as an additional insured with respect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured. XS20835 0806 Page 10 of 19 | 1 |
Paragraph 1.d. of this exclusion does not apply to bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injuryor property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor. Paragraph 1.d. of this exclusion does not apply to bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor. Paragraph 1.d. of this exclusion does not apply to bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. Paragraph 1.f. of this exclusion does not apply to fuels lubricants fluids exhaust gases or other similar pollutants that are needed for or result from the normal electrical hydraulic or mechanical functioning of a covered auto or its parts if a. The pollutants escape seep migrate or are discharged dispersed or released directly from an auto part designed by its manufacturer to hold store receive or dispose of such pollutants and b. The bodily injury property damage or any covered pollution cost or expense does not arise out of the operation of any equipment listed in Paragraphs 6.b. and 6.c. of the definition of mobile equipment.. Paragraphs 1.g. and 1.h. of this exclusion do not apply to occurrences that take place away from premises owned by or rented to an insured with respect to pollutants not in or upon a covered auto if a. The pollutants or any property in which the pollutants are contained are upset overturned or damaged as a result of the maintenance or use of a covered auto and b. The discharge dispersal seepage migration release or escape of the pollutants is caused directly by such upset overturn or damage. 2. Any loss cost or expense arising out of any a. Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. However this Paragraph 2. does not apply to liability for damages because of property damage that the insured would have in the absence of such request demand order or statutory or regulatory requirement or such claim or suit by or on behalf of a governmental authority. Recall of Products Work or Impaired Property Bodily injury property damage or personal and advertising injury or any other loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1. Your product 2. Your work or 3. Impaired property XS20835 0806 Page 11 of 19 | 1 |
if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. Trade or Economic Sanctions To the extent that trade or economic sanctions or other laws or regulations prohibit us from providing insurance including but not limited to the payment of claims. Unauthorized Use of Another s Name or Product Personal and advertising injury arising out of the unauthorized use of another s name or product in your e mail address domain name or meta tag or any other similar tactics to mislead another s potential customers. Unsolicited Communications Bodily injury property damage or personal and advertising injury arising out any form of communication including but not limited to facsimile electronic mail posted mail or telephone in which the recipient has not specifically requested the communication. This exclusion also applies to communications which are made or allegedly made in violation of the 1. Telephone Consumer Protection Act TCPA including any Amendment of or addition to such law or 2. The CAN SPAM Act of 2003 including any amendment of Or addition to such law or 3. Any statute ordinance or regulation other than the TCPA Or CAN SPAM Act of 2003 which prohibits or limits the sending transmitting communicating or distribution of material or information. VI. W. War Bodily injury property damage or personal and advertising injury however caused arising directly or indirectly as a result of or in connection with war whether declared or not or any act or condition incident to war. War includes civil war insurrection civil commotion rebellion or revolution. CONDITIONS A. Appeals In the event you or any underlying insurer elects not to appeal a judgment in excess of the amount of the underlying insurance or other insurance we may elect to appeal. If we elect to appeal we will be liable for in addition to the applicable Limits of Insurance of this policy all court costs expenses incurred and intereston that amount of any judgment that does not exceed the applicable Limits of Insurance shown in theDeclarations related to such an appeal subject to the limitations set forth in Section Il Defense And Supplementary Payments. B. Assignment of Your Rights and Duties Your rights and duties under this policy may not be transferred except by an endorsement to this policy issued by us. If you die or are legally declared bankrupt then your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed anyone having temporary custody of your property will have your rights and duties but only with respect to that property. XS20835 0806 Page 12 of 19 | 1 |
C. Bankruptcy Your bankruptcy insolvency refusal or inability to pay will not relieve us of our obligations under this policy. In the event of bankruptcy insolvency refusal or inability to pay of any underlying insurer the insurance afforded by this policy will not drop down or replace underlying insurance but will apply as if the limits of such underlying insurance are fully available and collectible and we will not assume any obligation under underlying insurance. D. Cancellation 1. You may cancel this policy. You must mail or deliver to us advance written notice stating when cancellation is to take effect. We may cancel this policy. If we cancel because of non payment of premium we must mail or deliver to you not less than ten 10 days advance written notice stating when the cancellation is to take effect. If we cancel for any other reason we must mail or deliver to you not less than sixty 60 days advance written notice stating when the cancellation is to take effect. Mailing that notice to you at your mailing address shown in the Declarations will be sufficient to prove notice. The policy period will end on the day and hour stated in the cancellation notice. If we cancel final premium will be calculated pro rata based upon the time this policy was in force. Final premium will not be less than the pro rata share of the Minimum Premium as shown in the Declarations. If you cancel final premium will be more than pro rata it will be based on the time this policy was in force and increased by our short rate cancellation table and procedure. Final premium will not be less than the short rate share of the Minimum Premium as shown in the Declarations. Premium adjustment may be made at the time of cancellation or as soon as practicable thereafter but the cancellation will be effective even if we have not made or offered any refund due you. Our check or our representative s check mailed or delivered will be sufficient tender of any refund due you. The first Named Insured shown in the Declarations will act on behalf of all other insureds with respect to the giving and receiving of notice of cancellation and the receipt of any refund that may become payable under this policy. E. Changes This policy may be changed only by a written endorsement to this policy issued by us. F. Duties in the Event of Occurrence Claim or Suit 1. You must see to it that we are notified as soon as practicable of an occurrence which may result in a claim for damages under this policy. To the extent possible notice should include a. How when and where the occurrence took place b. The names and addresses of any injured persons and witnesses and c. The nature and location of any injury or damage arising out of the occurrence. If a claim is made or suit is brought against any insured that is reasonably likely to involve this policy you must a. Immediately record the specifics of the claim or suit and the date received and b. Notify us in writing as soon as practicable. You and any other involved insured must a. Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit b. Authorize us to obtain records and other information c. Cooperate with us in the investigation or settlement of the claim or defense against the suit and XS20835 0806 Page 13 of 19 | 1 |
d. Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. 4. No insured will except at that insured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our written consent. G. Inspection and Audit 1. We will be permitted but not obligated to inspect the insured s property and operations. Neither our right to make inspections nor the making thereof nor any report thereon will constitute an undertaking on behalf of or for the benefit of the insured or others to determine or warrant that such property or operations are safe. 2. We may examine and audit the insured s books and records during the policy period and any extensions thereof within three 3 years after the termination date of this policy. H. Legal Action Against Us 1. No person or organization has a right under this policy to join us as a party or otherwise bring us into a suit asking for damages from an insured. 2. You will have no right of action against us under this policy unless all of its terms have been fully complied with and the amount that you seek to recover has been determined by settlement with our consent or by final judgment against an insured. I. Maintenance of Underlying Insurance During the policy period you agree 1. To keep underlying insurance and renewals or replacements thereof in full force and effect. 2. That the limits of underlying insurance will be maintained except for any reduction or exhaustion of such limits by the payment of loss that would be covered by this policy. 3. That the terms and conditions of underlying insurance will not materially change during the policy period. 4. That any renewal or replacement of underlying insurance will not be more restrictive in coverage. 5. That underlying insurance may not be canceled or non renewed by you without notifying us and you agree to notify us in the event an insurance company cancels or declines to renew any underlying insurance. Failure to maintain the underlying insurance as provided by this condition will not invalidate this policy. This policy will apply as if the underlying insurance were maintained as required by this policy. J. Other Insurance If valid and collectible other insurance applies to damages that are also covered by this policy this policy will apply excess of the other insurance and will not contribute with such other insurance. This provision will not apply if the other insurance is written to be excess of this policy. K. Premium The first Named Insured shown in the Declarations will be responsible for payment of all premiums when due. The premium stated in the Declarations is a flat premium. It is not subject to adjustment except as provided herein or as changed by an endorsement to this policy issued by us. L. Separation of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned to the first Named Insured this insurance applies 1. As if each Named Insured were the only Named Insured and XS20835 0806 Page 14 of 19 | 1 |
2. Separately to each insured against whom claim is made or suit is brought. M. Titles The titles to the various parts sections subsections and endorsements of this policy are intended solely for ease of reference and do not in any way limit expand or otherwise affect the provisions of such parts sections subsections and endorsements. N. Transfer of Rights of Recovery Against Others to Us 1. If the insured has rights to recover all or part of any payment we have made under this policy those rights are transferred to us. The insured must do nothing after loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. 2. Any amount recovered will be apportioned in the inverse order of payment of loss to the extent of actual payment. The expenses of all such recovery proceedings will be apportioned in the ratio of respective recoveries. 3. If you and the insurer of underlying insurance waive any right of recovery against a specific person or organization for damages as required under an insured contract we will also waive any such rights we may have against such person or organization provided that the bodily injury or property damage occurs subsequent to the execution of the insured contract. When Loss is Payable Coverage under this policy will not apply until the insured or the insured s underlying insurer has paid or is obligated to pay the full amount of the retained limit. When the amount of damages is determined by an agreed settlement or on a final judgment against an insured obtained after an actual trial we will promptly pay on behalf of the insured the amount of damages covered under the terms of this policy. The first Named Insured will promptly reimburse us for any amount within the retained limit paid by us. DEFINITIONS A. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition 1. Notices that are published include material placed on the Internet or on similar electronic means of communication and 2. Regarding web sites only that part of a web site that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. Auto means a land motor vehicle trailer or semi trailer designed for travel on public roads including any attached machinery or equipment. But auto does not include mobile equipment. Bodily injury means bodily injury sickness or disease sustained by a person including death resulting from any of these at any time. Bodily injury includes mental anguish or mental injury resulting from bodily injury. Coverage territory means anywhere in the world except to the extent that trade or economic sanctions or other laws or regulations prohibit us from providing insurance including but not limited to the payment of claims. Employee means an individual working for you in return for remuneration. Employee includes a leased worker. Employee does not include a temporary worker or independent contractor. Executive officer means a person holding any of the officer positions created by your charter constitution by laws or any other similar governing document. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. Impaired property means tangible property other than your product or your work that can not be used or is less useful because XS20835 0806 Page 15 of 19 | 1 |
1. It incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or 2. You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by 1. The repair replacement adjustment or removal of your product or your work or 2. Your fulfilling the terms of the contract or agreement. Insured means a person or organization meeting the qualifications set forth in Section Il Who Is An Insured Insured contract means that part of any contract or agreement pertaining to your business under which any insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Insured contract does not include that part of any contract or agreement 1. that indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing 2. thatindemnifies an architect engineer or surveyor for injury or damage arising out of a. preparing approving or failing to approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or b. giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 3. under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those shown in subparagraph 2 above and supervisory inspection architectural or engineering activities Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker.. Loading or unloading means the handling of property 1. After it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto 2. While it is in or on an aircraft watercraft or auto or 3. While it is being moved from an aircraft watercraft or auto to the place where it is finally delivered but loading or unloading does not include the movement of property by means of a mechanical device other than a hand truck that is not attached to the aircraft watercraft or auto. Loss means those sums paid in the settlement a claim or suit or satisfaction of a judgment which the insured is legally liable to pay as damages because of bodily injury property damage or personal and advertising injury after making proper deduction for all recoveries and salvages.. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment 1. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads 2. Vehicles maintained for use solely on or next to premises you own or rent 3. Vehicles that travel on crawler treads 4. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted XS20835 0806 Page 16 of 19 | 1 |
0. P. a. Power cranes shovels loaders diggers or drills or b. Road construction or resurfacing equipment such as graders scrapers or rollers Vehicles not described in 1 2 3 or 4 above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types a. Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or b. Cherry pickers and similar devices used to raise or lower workers Vehicles not described in 1 2 3 or 4 above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos a. Equipment designed primarily for i. Snow removal ii. Road maintenance but not construction or resurfacing or iii. Street cleaning b. Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and c. Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. Occurrence means 1. With respect to bodily injury or property damage an accident including continuous or repeated exposure to substantially the same general harmful conditions. All such exposure to substantially the same general conditions shall be considered as arising out of the same occurrence regardless of the frequency or repetition thereof or the number of claimants. With respect to personal and advertising injury a covered offense. All damages that arise from the same act publication or general conditions are considered to arise out of the same occurrence regardless of the frequency or repetition thereof the number or kind of media used or the number of claimants. Other insurance means a policy of insurance providing coverage for damages covered in whole or in part by this policy. Other insurance does not include underlying insurance the amount shown in the Declarations as the Self Insured Retention or any policy of insurance specifically purchased to be excess of this policy and providing coverage that this policy also provides.. Policy period means the time between the inception date of this policy shown in the Declaration and the expiration date shown or earlier termination date of this policy. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses 1. 2. 3. False arrest detention or imprisonment Malicious prosecution The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services Oral or written publication in any manner of material that violates a person s right of privacy XS20835 0806 Page 17 of 19 | 1 |
6. The use of another s advertising idea in your advertisement or 7. Infringing upon another s copyright trade dress or slogan in your advertisement. S. Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. As used in this definition waste includes materials to be recycled reconditioned or reclaimed. T. Products completed operations hazard 1. Includes all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except a. Products that are still in your physical possession or b. Work that has not yet been completed or abandoned. However your work will be deemed completed at the earliest of the following times i. When all of the work called for in your contract has been completed ii. When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. iii. When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. 2. Does not include bodily injury or property damage arising out of a. The transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any insured b. The existence of tools uninstalled equipment or abandoned or unused materials. U. Property damage means 1. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use will be deemed to occur at the time of the physical injury that caused it or 2. Loss of use of tangible property that is not physically injured. All such loss of use will be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. V. Retained limit means either of the following 1. The total applicable limits of underlying insurance and any applicable limit of other insurance providing coverage to the insured or 2. The amount shown in the Declarations as the Self Insured Retention applicable to each occurrence that results in damages not covered by underlying insurance or other insurance. W. Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this insurance applies are alleged. Suit includes 1. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent or 2. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. XS20835 0806 Page 18 of 19 | 1 |
X. Temporary worker means a person who is furnished to you to substitute for a permanent employee o leave or to meet seasonal or short term workload conditions. Y. Underlying insurance means the policy or policies of insurance listed in the Schedule of Underlying Insurance attached to and forming a part of this policy. Z. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. AA. Your product 1. Means a. Any goods or products other than real property manufactured sold handled distributed or disposed of by 1 You 2 Others trading under your name or 3 A person or organization whose business or assets you have acquired and b. Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. 2. Includes a. Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and b. The providing of or failure to provide warnings or instructions. 3. Does not include vending machines or other property rented to or located for the use of others but not sold. BB. Your work 1. Means a. Work or operations performed by you or on your behalf and b. Materials parts or equipment furnished in connection with such work or operations 2. Includes a. Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and b. The providing of or failure to provide warnings or instructions. XS20835 0806 Page 19 of 19 | 1 |
ACE Producer Compensation Practices Policies ACE believes that policyholders should have access to information about ACE s practices and policies related to the payment of compensation to brokers and independent agents. You can obtain that information by accessing our website at httpwww.aceproducercompensation.com or by calling the following toll free telephone number 1 866 512 2862. ALL20887 1006 | 2 |
FORWARD BY FAX MAIL OR E MAILTO ACE Excess P.O. Box 5103 Scranton PA 18505 0510 Fax No. 866635 5687 ACECIaimsFirstNoticeacegroup.com ACE GROUP SPECIALTY CLAIMS LOSS NOTIFICATION FORM Today s Date 7 February 2014 8505 0510 635 5687 stNoticeacegroup.com Notice of check all that apply First Party Claim Potential Claim Third Party Claim Litigation Initiated Other Insured s Name Contact Information Company Name Dillard s Inc. Point of Contact 1600 Cantrell Road Address Little Rock AR 72201 Phone Number Broker Agent s Name Contact Information Company Name Lockton Companies LLC Point of Contact Joel Gard 444 West 47th Street Suite 900 Address Kansas City MO 64112 1906 Phone Number Policy Information Policy Number XOO G27373938 Policy Period 01282014 01282015 Limits of Liability 25000000 per 25000000 agg Self Insured Retention Deductible 50000.00 Loss Information Date of Incident Claim Location Claimant Name Address Description of Loss Please list all attached or enclosed documentation check if none provided Name of Person Completing This Form Signature XS28500a 0813 2013 Page 1 0f 1 | 2 |
IL P 001 0104 U.S. TREASURY DEPARTMENT S OFFICE OF FOREIGN ASSETS CONTROL OFAC ADVISORY NOTICE TO POLICYHOLDERS No coverage is provided by this Policyholder Notice nor can it be construed to replace any provisions of your pol icy. You should read your policy and review your Declarations page for complete information on the coverages you are provided. This Notice provides information concerning possible impact on your insurance coverage due to directives issued by OFAC. Please read this Notice carefully. The Office of Foreign Assets Control OFAC administers and enforces sanctions policy based on Presidential declarations of national emergency. OFAC has identified and listed numerous 1 Foreign agents 1 Front organizations 1 Terrorists 1 Terrorist organizations and 1 Narcotics traffickers as Specially Designated Nationals and Blocked Persons. This list can be located on the United States Treasury s web site httpwww.treas.gov ofac. In accordance with OFAC regulations if it is determined that you or any other insured or any person or entity claiming the benefits of this insurance has violated U.S. sanctions law or is a Specially Designated National and Blocked Person as identified by OFAC this insurance will be considered a blocked or frozen contract and all provisions of this insurance are immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract no payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. IL P 001 0104 S0 Properties Inc. 2004 Page 1 of 1 | 2 |
COMMERCIAL UMBRELLA LIABILITY INFORMATION FOR POLICYHOLDERS TO HELP YOU IN THE EVENT OF A CLAIM FOR CATASTROPHE MANAGEMENT COVERAGE A CATASTROPHE MANAGEMENT COVERAGE ENDORSEMENT is attached to your commercial umbrella liability policy from ACE Excess Casualty. This informational notice has been prepared in conjunction with the implementation of changes to your policy. It contains a brief synopsis of the Catastrophe Management Coverage endorsement. Please read your policy and the endorsements attached to your policy carefully. When this endorsement is attached to your policy elnsurance is provided for covered catastrophe management costs arising out of a catastrophe management event as defined in the endorsement. In order to activate your catastrophe management coverage make a claim you must call the following toll free number 1 877 366 3747 lf you attempt to report directly to a firm that provides catastrophe management services on our behalf you will be re directed to the toll free number shown above. ePlease be prepared to provide the following information o Caller s name title and contact telephone number Name of Insured Policy Number A description of the incident Any witnesses Property Product or Vehicle Information Incident Location Contact Person Number and nature of bodily injuries including any fatalities and the number of people injured o Current status of the situation 0 0000O0O0O The coverage description in this notice is a summary only. It is not part of the policy and does not amend or alter your policy. Please see your policy for actual terms and conditions. ACE Excess Casualty is one of the U.S.based business groups of ACE USA. Insurance policies are issued by ACE Property and Casualty insurance Company or one of its insurance company affiliates. XS22552 062007 | 2 |
Arkansas Notice to Policyholders QUESTIONS ABOUT YOUR INSURANCE If You have questions about your insurance need coverage information or require assistance in resolving complaints do not hesitate to contact either your insurance agent or ACE USA Customer Service Department 436 Walnut Street Philadelphia PA 19106 37083 telephone 1 800 352 4462. If you wish to contact the Arkansas Insurance Department their address and toll free number are Arkansas Insurance Department 1200 West Third Street Little Rock AR 72201 1904 1 800 282 9134 ALL2Y31a 02 06 | 2 |
SIGNATURES Named Insured Dillard s Inc. Endorsement Number 1 Policy Symbol Xoo Policy Number G27373938 Policy Period 1282014 1282015 Effective Date of Endorsement 1282014 Issued By Name of Insurance Company ACE Property and Casualty Insurance Company THE ONLY SIGNATURES APPLICABLE TO THIS POLICY ARE THOSE REPRESENTING THE COMPANY NAMED ON THE FIRST PAGE OF THE DECLARATIONS. By signing and delivering the policy to you we state that it is a valid contract. INDEMNITY INSURANCE COMPANY OF NORTH AMERICA A stock company BANKERS STANDARD FIRE AND MARINE COMPANY A stock company BANKERS STANDARD INSURANCE COMPANY A stock company ACE AMERICAN INSURANCE COMPANY A stock company ACE PROPERTY AND CASUALTY INSURANCE COMPANY A stock company INSURANCE COMPANY OF NORTH AMERICA A stock company PACIFIC EMPLOYERS INSURANCE COMPANY A stock company ACE FIRE UNDERWRITERS INSURANCE COMPANY A stock company WESTCHESTER FIRE INSURANCE COMPANY A stock company 436 Walnut Street P.O. Box 1000 Philadelphia Pennsylvania 19106 3703 JOHN J. LUPICA. President CARMINE A. GIGANTI Secretary Authorized Representative CC1K11 g 0111 | 2 |
AIRCRAFT PRODUCTS AND GROUNDING EXCLUSION Named Insured Dillard s Inc. Endorsement Number 2 Policy Symbol Xoo Policy Number G27373938 Policy Period 1282014 1282015 Effective Date of Endorsement 1282014 Issued By Name of Insurance Company ACE Property and Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY This insurance does not apply to bodily injury property damage or personal and advertising injury included in the products completed operations hazard and relating to resulting from or arising out of aircraft products upon which you have performed your work or which were designed manufactured sold handled distributed or disposed of by you or by another trading under your name in whole or in part when such aircraft products are used in or on or attached to any aircraft or missile or any component part or sub assembly thereof or in connection with the use of aircraft. Aircraft products means 1. Aircraft including missiles spacecrafts or satellites and any ground support maintenance or control equipment used therewith or any component part or sub assembly thereof Any article furnished by an insured and installed in aircraft or used in connection with aircraft or for space parts for aircraft Ground handling tools and equipment Training aids instruction manuals blueprints maps and guides engineering or other data engineering or other advice and services and labor relating to such aircraft or articles described above. This insurance does not apply to any damage of any kind whatsoever which arises out of grounding liability. Grounding liability means liability for the withdrawal or grounding of aircraft from flight operations whether or not owned or operated by you in the interests of safety or for any other reason whether or not such withdrawal or grounding was ordered by a governmental agency. Al other terms and conditions of the Policy remain unchanged. Authorized Agent XS20745 0806 Page 1of 1 | 2 |
ANTI STACKING ENDORSEMENT Named Insured Dillard s Inc. Endorsement Number 3 Policy Symbol Xoo Policy Number G27373938 Policy Period 1282014 1282015 Effective Date of Endorsement 1282014 Issued By Name of Insurance Company ACE Property and Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY This insurance is amended to include the following additional Condition If this insurance and any other insurance issued to the Named Insured by us or any of our affiliated companies applies to the same claim suit or occurrence the maximum limit of insurance available for such claim suit or occurrence will not exceed the highest applicable limit of insurance available under any one policy. This condition does not apply to any other insurance issued by us or any of our affiliated companies specifically issued to apply as excess insurance over the limits of this policy. All other terms and conditions of this policy remain unchanged. Authorized Agent XS20746 0806 Page 1 of 1 | 2 |
AUTO LIABILITY FOLLOW FORM ENDORSEMENT Named Insured Endorsement Number Dillard s Inc. 4 Policy Symbol Policy Number Policy Period Effective Date of Endorsement X00 G27373938 1282014 1282015 1282014 Issued By Name of Insurance Company ACE Property and Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies all insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY Automobile Liability When insurance for bodily injury or property damage is provided by an automobile liability policy listed in the scheduled underlying insurance coverage under this policy for such bodily injury or property damage will follow the terms definitions conditions and exclusions of scheduled underlying insurance subject to the policy period limits of insurance premium and all other terms definitions conditions and exclusions of this policy. Coverage provided by this policy will be no broader than the coverage provided by scheduled underlying insurance. All other terms and conditions of this policy remain unchanged. XS25998 1108 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 1 of 1 | 2 |
DISCRIMINATION FOLLOW FORM ENDORSEMENT Named Insured Endorsement Number Dillard s Inc. 5 Policy Symbol Policy Number Policy Period Effective Date of Endorsement X00 G27373938 1282014 1282015 1282014 Tssued By Name of Insurance Company ACE Property and Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY Except insofar as coverage is available to you in the underlying insurance and for the full limits of insurance shown therein this insurance does not apply to any claim or suit based upon or alleging discrimination against any person. Discrimination includes but is not limited to discrimination on the basis of age disability ethnic origin marital status physical or mental hardship race religious affiliation sex or sexual orientation. However if insurance is provided by a policy ies listed in the schedule of Underlying Insurance 1. This exclusion shall not apply and 2. The insurance coverage provided by us will not be broader than the insurance coverage provided by the policy ies schedules as Underlying insurance. Any conditions provisions definitions or exclusions in the policy ies schedules as Underlying insurance that limit or restrict the insurance coverage provided thereunder shall also limit and restrict the coverage provided by us. All other terms and conditions remain unchanged. Authorized Agent XS23629 012008 Page 1 of 1 | 2 |
CONTRACTORS LIMITATION ENDORSEMENT Named Insured Dillard s Inc. Endorsement Number 6 Policy Symbol Xoo Policy Number G27373938 Policy Period 1282014 1282015 Effective Date of Endorsement 1282014 Issued By Name of Insurance Company ACE Property and Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY This insurance does not apply 1. to any liability for property damage to property leased or rented to used by or in the care custody or control of the insured or as to which the insured is for any purpose exercising physical control 2. to any liability for property damage arising out of a. blasting or explosion other than the explosion of air or steam vessels piping under pressure prime movers machinery or power transmitting equipment or b. the collapse of or structural injury to any building or structure due to i grading of land excavation borrowing filling or back filling tunneling pile driving coffer dam work or caisson work or ii moving shoring underpinning raising or demolition of any building or structure or removal or rebuilding of any structural support thereof or c. injury to or destruction of wires conduits pipes mains sewers tanks tunnels and any similar property and any apparatus in connection therewith beneath the surface of the ground or water caused by and occurring during the use of mechanical equipment for the purpose of grading land paving excavating drilling borrowing filling back filling or pile driving. 3. to any liability assumed by the insured under any contract unless such liability under 1 2 or 3 above is covered by valid and collectible underlying insurance as listed in the Schedule of underlying insurance and then only for such hazards for which coverage is afforded under said underlying insurance. 4. to any liability arising out of a. any project insured under an Owner Controlled Insurance Program O.C.I.P Contractor Controlled Insurance Program C.C.I.P or wrap up program or any similar program or rating plan b. the rendering of or failure to render any professional services performed by or on behalf of the insured including but not limited to the preparation or approval or failure to prepare or approve of maps plans shop drawings opinions reports surveys designs change orders field orders or specifications and any supervisory inspection architectural surveying or engineering services or activities. All other terms and conditions of the policy remain unchanged. Authorized Agent Page 1 of 1 XS20750 0806 | 2 |
RESIDENTIAL STUCCO EIFS EXCLUSION ENDORSEMENT Named Insured Dillard s Inc. Endorsement Number 7 Policy Symbol Xoo Policy Number G27373938 Policy Period 1282014 1282015 Effective Date of Endorsement 1282014 Issued By Name of Insurance Company ACE Property and Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY This insurance does not apply to bodily injury property damage or personal and advertising injury related to any residential dwelling and arising in whole or in part out of the sale distribution design manufacture construction fabrication preparation installation application maintenance or repair including remodeling service correction or replacement of an Exterior Insulation and Finish System EIFS synthetic stucco or any similar product or system or any part thereof including the application or use of paints conditioners primers accessories flashings coatings caulkings or sealants in connection with such a product or system. Residential dwelling means any single family dwelling condominium townhouse multifamily dwelling cooperative apartment building or other residential property. Except insofar as coverage is provided in the underlying policy of insurance this exclusion will not apply to commercial buildings. All other terms and conditions of this policy remain unchanged. Authorized Agent XS20772 0806 Page 1 of 1 | 2 |
FUNGI OR BACTERIA EXCLUSION Named Insured Dillard s Inc. Endorsement Number 8 Policy Symbol Xoo Policy Number G27373938 Policy Period 1282014 1282015 Effective Date of Endorsement 1282014 Issued By Name of Insurance Company ACE Property and Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY This insurance does not apply to bodily injury property damage or personal and advertising injury arising out of or in any way related to the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria regardless of whether any other cause event material or product contributed concurrently or in any sequence to bodily injury property damage or personal and advertising injury. Fungi means any type or form of fungus mold mildew mycotoxins spores or scents or by products produced or released by fungi but does not include any fungi intended by the insured for human consumption. All other terms and conditions of the policy remain unchanged. Authorized Agent XS20779 0806 Page 1 of 1 | 2 |
CANCELLATION AMENDATORY ENDORSEMENT Named Insured Dillard s Inc. Endorsement Number 9 Policy Symbol Xoo Policy Number G27373938 Policy Period 1282014 1282015 Effective Date of Endorsement 1282014 Issued By Name of Insurance Company ACE Property and Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY Parts 1. 2. 5 and 6. of Condition D of Section VI CONDITIONS are deleted and replaced by the following 1. This policy may be cancelled by you by mailing to us written notice stating when such cancellation shall be effective. 2. This policy may be cancelled by us by mailing to you at your last known address written notice stating when not less than ninety 90 days thereafter ten 10 days if cancellation is for non payment of any unpaid portion of the premium such cancellation shall be effective. The mailing of notice shall be sufficient proof of notice. The effective date and hour of cancellation stated in the notice shall be the end of the policy period. Under no circumstance will our notice of cancellation to you be less than the minimum required by State law or regulation. 5. If you cancel earned premiums shall be computed in accordance with the applicable short rate table or procedure. If we cancel earned premium shall be computed pro rata. 6. Premium adjustment may be made at the time cancellation becomes effective. our check or the check of our representative mailed to you shall be sufficient proof of any refund or premium due you. All other terms and conditions of the policy remain unchanged. Authorized Agent XS20782 0806 Page 1 of 1 | 2 |
CROSS SUITS EXCLUSION Named Insured Dillard s Inc. Endorsement Number 10 Policy Symbol Xoo Policy Number G27373938 Policy Period 1282014 1282015 Effective Date of Endorsement 1282014 Issued By Name of Insurance Company ACE Property and Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY This insurance does not apply to any bodily injury property damage or personal and advertising injury arising out of any claim or suit by one Named Insured against another Named Insured. All other terms and conditions of the policy remain unchanged. Authorized Agent XS20796 0806 Page 1 of 1 | 2 |
EARTH MOVEMENT EXCLUSION Named Insured Dillard s Inc. Endorsement Number 11 Policy Symbol Xoo Policy Number G27373938 Policy Period 1282014 1282015 Effective Date of Endorsement 1282014 Tssued By Name of Insurance Company ACE Property and Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY This insurance does not apply to any bodily injury property damage or personal and advertising injury arising out of any earth or land movement including but not limited to subsidence sinking rising settling tilting shifting falling away caving in erosion or mud flow caused by or arising out of your work. All other terms and conditions of the policy remain unchanged. Authorized Agent Page 1 of 1 XS20803 0806 | 2 |
PROFESSIONAL SERVICES LIABILITY EXCLUSION ABSOLUTE Named Insured Dillard s Inc. Endorsement Number 12 Policy Symbol Xoo Policy Number G27373938 Policy Period 1282014 1282015 Effective Date of Endorsement 1282014 Issued By Name of Insurance Company ACE Property and Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY This insurance does not apply to any bodily injury property damage or personal and advertising injury arising out of the providing of or failing to provide any services of a professional nature. All other terms and conditions of the policy remain unchanged. Authorized Agent Page 1of 1 XS20819 0806 | 2 |
UNIMPAIRED AGGREGATE ENDORSEMENT Named Insured Dillard s Inc. Endorsement Number 13 Policy Symbol Xoo Policy Number G27373938 Policy Period 1282014 1282015 Effective Date of Endorsement 1282014 Tssued By Name of Insurance Company ACE Property and Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY The Limits of Insurance of this policy shall not apply in excess of any reduced or exhausted underlying aggregate limit of liability to the extent that such reduction or exhaustion is the result of any injury damage expense cost loss liability or legal obligation which is not covered by this policy. All other terms and conditions of the policy remain unchanged. Authorized Agent Page 1 of 1 XS20827 0806 | 2 |
LEAD EXCLUSION Named Insured Dillard s Inc. Endorsement Number 14 Policy Symbol Xoo Policy Number G27373938 Policy Period 1282014 1282015 Effective Date of Endorsement 1282014 Issued By Name of Insurance Company ACE Property and Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This Endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY This insurance does not apply to any injury damage expense cost loss liability or legal obligation arising out of or in any way related to the toxic properties of lead or lead containing products materials or substances. This exclusion applies to all forms of lead including but not limited to solid liquid vapor and fumes. All other terms and conditions of the policy remain unchanged. Authorized Agent Page 1of 1 XS20854 0806 | 2 |
SILICA OR SILICA RELATED DUST EXCLUSION Named Insured Dillard s Inc. Endorsement Number 15 Policy Symbol Xoo Policy Number G27373938 Policy Period 1282014 1282015 Effective Date of Endorsement 1282014 Issued By Name of Insurance Company ACE Property and Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY SECTION V. EXCLUSIONS is amended to include the following additional exclusion. This insurance does not apply to 1. Bodily injury arising in whole or in part out of the actual alleged threatened or suspected inhalation of or ingestion of silica or silica related dust. 2. Property damage arising in whole or in part out of the actual alleged threatened or suspected contact with exposure to existence of or presence of silica or silica related dust. 3. Personal and advertising injury arising in whole or in part out of the actual alleged threatened or suspected inhalation of ingestion of contact with exposure to existence of or presence of silica or silica related dust. 4. Any loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of silica or silica related dust by any insured or by any other person or entity. SECTION VII. DEFINITIONS is amended to include the following additional definitions Silica means silicon dioxide occurring in crystalline amorphous and impure forms silica particles silica dust or silica compounds. Silica related dust means a mixture or combination of silica and other dust or particles. All other terms and conditions of this policy remain unchanged. Authorized Agent XS26431 0209 Page 1of 1 | 2 |
UNSOLICITED COMMUNICATIONS EXCLUSION AMENDMENT TO INCLUDE FACTA Named Insured Endorsement Number Dillard s Inc. 16 Policy Symbol Policy Number Policy Period Effective Date of Endorsement X00 G27373938 1282014 1282015 1282014 Issued By Name of Insurance Company ACE Property and Casualty Insurance Company Insert the policy number. The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY Section V. EXCLUSIONS Item V. Unsolicited Communications is deleted and replaced with the following V. Recording and Distribution of Material or Information in Violation of Law Bodily injury property damage or personal and advertising injury arising out of any form of communication including but not limited to facsimile electronic mail posted mail or telephone that violates or is alleged to violate 1. 2. 3. The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law The CAN SPAM Act of 2003 including any amendment of or addition to such law 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 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. All other terms and conditions of this policy remain unchanged. Authorized Representative XS34018 0112 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
CATASTROPHE MANAGEMENT COVERAGE ENDORSEMENT Named Insured Endorsement Number Dillard s Inc. 17 Policy Symbol Policy Number Policy Period Effective Date of Endorsement X00 G27373938 1282014 1282015 1282014 Issued By Name of Insurance Company ACE Property and Casualty Insurance THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies all insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY SECTION L. INSURING AGREEMENT is amended to include the following Catastrophe Management Cost Limit of Insurance 250000 Annual Limit Catastrophe Management Coverage A. Subject to the terms and conditions of this endorsement we will pay catastrophe management costs to third parties at the request of and on behalf of the insured arising from a catastrophe management event first commencing during the policy period up to the amount of the catastrophe management costs Limit of Insurance shown in the Declarations. B. A catastrophe management event will be deemed to first commence at the time during the policy period when a key executive first becomes aware of an occurrence that gives rise to the catastrophe management event and will end when we determine that any one of the necessary elements listed in the definition of a catastrophe management event no longer exists or when the catastrophe management cost Limit of Insurance shown in the Declarations has been exhausted whichever occurs first. C. There will be no retained limit applicable to catastrophe management costs except as it applies to a determination of whether the definition of catastrophe management event applies. D. Payment of catastrophe management costs will not be applied to or erode the aggregate limits of the policy. E. Any payment of catastrophe management costs that we make under the coverage provided by this endorsement will not 1 be a determination of any other rights or obligations under this policy 2 create any duty to defend any suit under any other part of this policy or 3 operate as a waiver of any right or defense we have with respect to the coverage under the policy including Condition F. Duties in the event of occurrence claim or suit. F. For purposes of this endorsement the following definitions are added to the policy Adverse media coverage means national or regional news exposure in television radio print or internet media that is reasonably likely to have a negative impact on the insured with respect to its income reputation community relations public confidence or good will. Catastrophe management event means an occurrence that in the good faith opinion of a key executive of the Named Insured has resulted in or is reasonably likely to result in 1 bodily injury property damage or personal and advertising injury covered by this policy 2 damages that are in excess of the retained limit and 3 a need for catastrophe management services due to adverse media coverage. Catastrophe management XS22088 0407 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 1of 2 | 2 |
event will include occurrences resulting from explosions and other man made disasters serious accidents resulting in multiple deaths burns dismemberment injuries traumatic brain injuries permanent paralysis injuries or injuries from contamination of food drink or pharmaceuticals. Catastrophe management firm means any firm that is approved by us and hired by you or us to perform catastrophe management services in connection with a catastrophe management event. Catastrophe management services means those services performed by a catastrophe management firm in advising the insured on minimizing potential harm to the insured from a covered catastrophe management event by managing adverse media coverage and maintaining and restoring public confidence in the insured. Catastrophe management costs means the following reasonable and necessary expenses incurred during a catastrophe management event and directly caused by the catastrophe management event but only to the extent that the insured or a third party arranges for such services resulting in these expenses and the expenses are pre approved by us 1. expenses incurred by a catastrophe management firm in the performance of catastrophe management services for the insured 2. expenses for printing advertising mailing of materials or travel by directors officers employees or agents of the insured or the catastrophe management firm incurred at the direction of a catastrophe management firm expenses to secure the scene of a catastrophe management event 3. medical expenses funeral expenses expenses for psychological counseling travel expenses temporary living expenses or other necessary response costs and approved by us incurred by or advanced to third parties directly harmed by the catastrophe management event. Catastrophe management costs do not include any defense costs. Key executive means the Chief Executive Officer Chief Operating Officer Chief Financial Officer President General Counsel or general partner if the insured is a partnership or sole proprietor if the insured is a sole proprietorship of the insured. A key executive also means any other person holding a title designated by you approved by us and shown by endorsement to this policy. All other terms and conditions of this policy remain unchanged. Authorized Agent XS22088 0407 Includes copyrighted material of Insurance Services Office Inc. with its permission Page 2 of 2 | 2 |
DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT Named Insured Endorsement Number Dillard s Inc. 18 Policy Symbol Policy Number Policy Period Effective Date of Endorsement X00 G27373938 1282014 1282015 1282014 Tssued By Name of Insurance Company ACE Property and Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Disclosure Of Premium In accordance with the federal Terrorism Risk Insurance Act we are required to provide you with a notice disclosing the portion of your premium if any attributable to coverage for terrorist acts certified under the Terrorism Risk Insurance Act. The portion of your premium attributable to such coverage is shown in this endorsement or in the policy Declarations. Disclosure Of Federal Participation In Payment Of Terrorism Losses The United States Government Department of the Treasury will pay a share of terrorism losses insured under the federal program. The federal share equals 85 of that portion of the amount of such insured losses that exceeds the applicable insurer retention. However if aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a Program Year January 1 through December 31 the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. Cap On Insurer Participation In Payment Of Terrorism Losses If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a Program Year January 1 through December 31 and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. Terrorism Risk Insurance Act premium 30753. Authorized Agent Includes copyrighted material of Insurance Services office Inc. with its permission TRIA11b 108 | 2 |
CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM Named Insured Dillard s Inc. Endorsement Number 19 Policy Symbol Xoo Policy Number G27373938 Policy Period 1282014 1282015 Effective Date of Endorsement 1282014 Issued By Name of Insurance Company ACE Property and Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY A. If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insurance Act exceed 100 billion in a Program Year January 1 through December 31 and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. B. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act. The criteria contained in the Terrorism Risk Insurance Act for a certified act of terrorism include the following 1. The act resulted in insured losses in excess of 5000000 in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act and 2. The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. C. In the event that any certified act of terrorism is not covered by underlying insurance or any other insurance due to any exclusion or exclusions contained therein or because of the exhaustion of the aggregate limits of insurance the following applies 1. The Limits of Insurance of the Declarations is amended to include Certified act of terrorism retained limit 1.000.000. 2. Certified act of terrorism retained limit means the amount stated above which is the amount of losses that you will pay in the settlement of any claim or suit arising directly or indirectly out a certified act of terrorism which is covered by this policy but not covered by the underlying insurance or any other insurance providing coverage to the insured due to any exclusion or exclusions contained therein or because of the exhaustion of the aggregate limit of insurance. Certified act of terrorism does not include any costs of investigation settlement or defense and such costs shall not erode the certified act of terrorism retained limit. 3. Solely with respect to this endorsement Section Ill. Defense Provisions and Supplement Payments is amended as follows a. With respect to any certified act of terrorism to which this policy applies and no underlying insurance or other insurance applies due to any exclusion or exclusions contained therein or because of the exhaustion of the aggregate limit of insurance we shall not be called upon to assume charge of the investigation settlement or defense of such suit against the insured seeking damages on account of bodily injury property damage personal or advertising injury or injury or damage to the environment arising directly or indirectly out of a certified act of terrorism. However we shall have the right and be given the opportunity to be associated in the defense and trial of any such suit relative to any certified act of terrorism which in our opinion may create liability on our part under the terms of this policy. X23669 012008 Includes copyrighted material of Insurance Services office Inc. with its permission Page 1 of 2 Page 1 0of 2 | 2 |
We shall have no obligation to defend the insured in such suit until the insured s losses which exclude any costs of investigation settlement or defense have exceeded the certified act of terrorism retained limit. Once such losses have exceeded the certified act of terrorism retained limit we will assume charge of the settlement or defense of any such suit. We may make such investigation as we require and effect settlement of any suit so defended. We shall not be obligated to defend any suit after the applicable limits of this policy have been exhausted. All other terms and conditions of this policy remain unchanged. Authorized Representative XS23669 012008 Includes copyrighted material of Insurance Services office Inc. with its permission Page 2 of 2 | 2 |
ARKANSAS CHANGES CANCELLATION NONRENEWAL AND STATE REQUIRED CONDITIONS Named Insured Endorsement Number Dillard s Inc. 20 Policy Symbol Policy Number Policy Period Effective Date of Endorsement X00 G27373938 1282014 1282015 1282014 Issued By Name of Insurance Company ACE Property and Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY EXCESS LIABILITY POLICY EXCESS LIABILITY CATASTROPHE POLICY A. The Cancellation Condition is replaced by the following 1. 2. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium or b. 30 days before the effective date of cancellation if we cancel for any other reason. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. a. If this policy is cancelled we will send the first Named Insured any premium refund due. 6. b. We will refund the pro rata unearned premium if the policy is 1 Cancelled by us or at our request 2 Cancelled but rewritten with us or in our company group 3 Cancelled because you no longer have an insurable interest in the property or business operation that is the subject of this insurance or 4 Cancelled after the first year of a prepaid policy that was written for a term of more than one year. c. If the policy is cancelled at the request of the first Named Insured other than a cancellation described in b.2 3 or 4 above we will refund 90 of the pro rata unearned premium. However the refund will be less than 90 of the pro rata unearned premium if the refund of such amount would reduce the premium retained by us to an amount less than the minimum premium for this policy. d. The cancellation will be effective even if we have not made or offered a refund. e. If the first Named Insured cancels the policy we will retain no less than 100 of the premium subject to the following 1 We will retain no less than 250 of the premium for the Boiler And Machinery Coverage Part. 2 We will retain the premium developed for any annual policy period for the General Liability Classifications if any shown in the Declarations. 3 If the Commercial Auto Coverage Part covers only snowmobiles or golfmobiles we will retain 100 or the premium shown in the Declarations whichever is greater. 4 If the Commercial Auto Coverage Part covers an auto with a mounted amusement device we will retain the premium shown in the Declarations for the amusement device and not less than 100 for the auto to which it is attached. If notice is mailed proof of mailing will be sufficient proof of notice. XS15921 0704 Reprinted with permission of Insurance Services Office Page 1 of 2 Page 1 of 2 | 2 |
7. Cancellation Of Policies In Effect More Than 60 Days a. If this policy has been in effect more than 60 days or is a renewal policy we may cancel only for one or more of the following reasons 1 Nonpayment of premium 2 Fraud or material misrepresentation made by you or with your knowledge in obtaining the policy continuing the policy or in presenting a claim under the policy 3 The occurrence of a material change in the risk which substantially increases any hazard insured against after policy issuance 4 Violation of any local fire health safety building or construction regulation or ordinance with respect to any insured property or its occupancy which substantially increases any hazard insured against under the policy 5 Nonpayment of membership dues in those cases where our by laws agreements or other legal instruments require payment as a condition of the issuance and maintenance of the policy or 6 A material violation of a material provision of the policy. b. Subject to Paragraph 7.c. if we cancel for 1 Nonpayment of premium we will mail or deliver written notice of cancellation stating the reason for cancellation to the first Named Insured and any lienholder or loss payee named in the policy at least 10 days before the effective date of cancellation. 2 Any other reason we will mail or deliver notice of cancellation to the first Named Insured and any lienholder or loss payee named in the policy at least 20 days before the effective date of cancellation. 3 If we cancel for nonpayment of premium we will mail or deliver written notice of cancellation stating the reason for cancellation to the first Named Insured and any lienholder or loss payee named in the policy and any lessee of whom we have received notification prior to the loss at least 10 days before the effective date of cancellation 4 If we cancel for any other reason we will mail or deliver notice of cancellation to the first Named Insured and any lienholder or loss payee named in the policy and any lessee of whom we have received notification prior to the loss at least 20 days before the effective date of cancellation. B. The following Condition is added and supersedes any other provision to the contrary NONRENEWAL 1. If we decide not to renew this policy we will mail to the first Named Insured shown in the Declarations written notice of nonrenewal at least 60 days before a. lts expiration date or b. Its anniversary date if it is a policy written for a term of more than one year and with no fixed expiration date. However we are not required to send this notice if nonrenewal is due to your failure to pay any premium required for renewal. 2. We will mail our notice to the first Named Insured s mailing address last known to us. If notice is mailed proof of mailing will be sufficient proof of notice. Authorized Agent XS15921 0704 Reprinted with permission of Insurance Services Office Page 2 of 2 | 2 |
TEXAS EMPLOYERS LIABILITY ENDORSEMENT Named Insured Endorsement Number Dillard s Inc. 21 Policy Symbol Policy Number Policy Period Effective Date of Endorsement X00 G27373938 1282014 1282015 1282014 Issued By Name of Insurance Company ACE Property and Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY With regard to Bodily injury to an employee of the insured who is employed solely in the state of Texas 1. This insurance only applies to a. Bodily injury by accident or bodily injury by disease b. Bodily injury arising out of and in the course of the injured employee s employment by the insured in the state of Texas c. Bodily injury by accident that occurs during the policy period and d. Bodily injury by disease that is caused or aggravated by the conditions of the insured s employment. The employee s last day of last exposure to the conditions causing or aggravating such bodily injury by disease must occur during the policy period. 2. This insurance does not apply to any loss payable under Worker s Compensation Law or Occupational Disease Law of Texas if the insured is or becomes subject to that law. 3. Solely as respects the coverage granted by this endorsement this policy will apply excess of the retained limit as follows Bodily injury by Accident 5000000 Each Accident Bodily injury by Disease 5000000 Each Employee For the purposes of this endorsement only retained limit means the amount of damages which the insured becomes legally obligated to pay as damages because of Bodily injury caused by an occurrence to which this insurance applies. 4. We shall not be called upon to assume charge of the investigation settlement or defense of any suit brought or proceedings instituted against the insured but we shall have the right and be given the opportunity to be associated in the defense and trial of any such suits or proceedings relative to any occurrence which in our opinion may create liability on the part of us under the terms of this policy. If we avail ourselves to such right and opportunity we shall do so at our own expense. All other terms and conditions of this policy remain unchanged. Authorized Representative XS23785 012008 Page 1of 1 | 2 |
INDUSTRIAL AID AIRCRAFT ENDORSEMENT MULTIPLE LIMITS Named Insured Endorsement Number Dillard s Inc. 22 Policy Symbol Policy Number Policy Period Effective Date of Endorsement X00 G27373938 1282014 1282015 1282014 Issued By Name of Insurance Company ACE Property and Casualty Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL UMBRELLA LIABILITY POLICY This policy is amended as follows I. LIMITS OF INSURANCE of the DECLARATIONS is amended to include the following additional Self Insured Retention Applicable to 2012 Learjet 45XR N916BD 2012 Learjet 45XR. N917BD and 2012 Learjet N918BD 50.000000 Industrial Aid Aircraft Self Insured Retention Each Occurrence. As respects claims and suits seeking damages for bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any industrial aid aircraft owned by or rented or loaned to any insured. Use includes operation and loading and unloading. Applicable to 2003 Gulfstream V. N914BD and 2005 Gulfstream V. N50HA 250000000 Industrial Aid Aircraft Self Insured Retention Each Occurrence. As respects claims and suits seeking damages for bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any industrial aid aircraft owned by or rented or loaned to any insured. Use includes operation and loading and unloading. For the purpose of this endorsement only Section lll. DEFENSE AND SUPPLEMENTARY PAYMENTS Paragraph A. is deleted in its entirety and replaced by the following We will have no duty to defend any suit against the insured. We will however have the right but not the duty to participate in the defense of any suit and the investigation of any claim to which this policy may apply. If we exercise this right we will do so at our own expense. For the purpose of this endorsement only Section Ill. DEFENSE AND SUPPLEMENTARY PAYMENTS Paragraph D. is deleted in its entirety.. Section IV. LIMITS OF INSURANCE is amended to include the following additional provision The Industrial Aid Aircraft Self Insured Retention applies whether or not there is any available Scheduled underlying insurance or other insurance. The Industrial Aid Aircraft Self Insured Retention will not be reduced by defense expenses. For the purpose of this endorsement only and solely with respect to any and all references to aircraft Section V. EXCLUSIONS Paragraph A. is deleted in its entirety and replaced by the following A. Aircraft This insurance does not apply to bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft owned or operated by or rented or loaned to any insured. Use includes operation and loading and 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 that is owned or operated by or rented or loaned to any insured. MS26179 1113 2013 Page 10of 2 MS26179 1113 Page 1 of 2 | 2 |
This exclusion does not apply to bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any industrial aid aircraft owned or operated by or rented or loaned to any insured. Use includes operation and loading and unloading. It is understood that any and all references to watercraft in Section V. EXCLUSIONS Paragraph A. remains unchanged unless amended by separate endorsement. VI. For the purpose of this endorsement only Section VII. DEFINITIONS is amended to include the following addition definitions Defense expenses means any payment allocated to a specific loss claim or suit for its investigation settlement or defense including but not limited to attorney s fees and all other investigation loss adjustment and litigation expenses premiums on bonds to release attachments premiums on appeal bonds required by law to appeal any claim or suit costs taxed against the insured in any claim or suit pre judgment interest awarded against the insured and interest that accrues after entry of judgment OO AW Industrial aid aircraft means aircraft with a maximum passenger capacity of twenty 20 persons including crew used predominantly for business travel of employees and their non fee paying passenger guests. All other terms and conditions of this policy remain unchanged. Authorized Representative 2013 MS26179 1113 Page 2 of 2 | 2 |
CNA nt Excess I CNA Param Insured Name CAROLLO ENGINEERS INC. 3150 BRISTOL ST STE 500 COSTA MESA CA 92626 3088 Policy Number CUE 6050490303 Policy Period 12312018 to 12312019 mbrella Liability Producer Information RSC INSURANCE BROKERAGE INC. 2040 MAIN ST STE 450 IRVINE CA 92614 7216 Producer Processing Code 120 084296 CNA Branch BOSTON 53 State Street Suite 510 Boston MA 02109 Thank you for choosing CNA With your CNA Paramount Excess and Umbrella Liability policy you have insurance coverage tailored to meet the needs of your business. The international network of insurance professionals and the financial strength of CNA rated A by A.M. Best provide the resources to help you manage the daily risks of your organization so that you may focus on what s most important to you. Claim Services To file a claim contact us at Email HPReportsCNA.com Fax 800 446 8632 Phone Number 866 909 5343 Mailing Address Middle Market CNA Claims Reporting P.O. Box 8317 Chicago IL 60680 8317 Crisis Management Expenses e Crisis Management Limit is first dollar in addition to the policy limit and is available for all covered expenses with no sublimit for Public Relations expense The following are suggested Crisis Management firms Website www.ogilvypr.com Contact Mike Sacks httplevick.com Levick Megan Gabriel mgabriellevick.com Michael Rubin mrubin2levick.com httpfleishmanhillard.com Fleishman Hillard Marianna Deal marianna.dealfleishman.com ken.fieldsfleishman.com Ken Fields Ogilvy Public Relations michael.sacksogilvy.com Phone 312 397 6094 Phone 202 973 5308 Phone 202 808 3507 Phone 314 982 9112 Phone 314 982 0556 Insured Name CAROLLO ENGINEERS INC. 3150 BRISTOL ST STE 500 COSTA MESA CA 92626 3088 Policy Number CUE 6050490303 Policy Period 12312018 to 12312019 website www.ogilvypr.com httplevick.com Copyright CNA All Rights Reserved. | 2 |
CNA CNA Paramount Excess and Umbrella Liability Table of Contents I TABLE OF CONTEN TABLE OF CONTENTS POLICYHOLDER NOTICE POLICY DECLARATIONS POLICY SCHEDULE POLICY POLICY ENDORSEMENT Page Number 2 Table of Contents Policy No CUE 6050490303 Copyright CNA All Rights Reserved. | 2 |
CNA CNA Paramount Excess and Umbrella Liability Policyholder Notice I It is understood and agreed that If the Named Insured has agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance and if the Insurer cancels a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium then notice of cancellation will be provided to such Certificate holders at least 30 days in advance of the date cancellation is effective. If notice is mailed then proof of mailing to the last known mailing address of the Certificate holder on file with the Agent of Record will be sufficient to prove notice. Any failure by the Insurer to notify such persons or organizations will not extend or invalidate such cancellation or impose any liability or obligation upon the Insurer or the Agent of Record. All other terms and conditions of the policy remain unchanged. This endorsement which forms a part of and is for attachment to the policy issued by the designated Insurers takes effect on the Policy Effective Date of said policy at the hour stated in said policy unless another effective date the Endorsement Effective Date is shown below and expires concurrently with said policy unless another expiration date is shown below. Form No CNA75014XX 01 2015 Policy No CUE 6050490303 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 12312018 Endorsement No 1 Page 1 of 1 Policy Page 3 of 54 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. | 2 |
cNA CNA Paramount Excess and Umbrella Liability Policyholder Notice I NOTICE OFFER OF TERRORISM COVERAGE CLOSURE OF PREMI IMPORTANT INFORMATION NOTICE OFFER OF TERRORISM COVERAGE DISCLOSURE OF PREMIUM THIS NOTICE DOES NOT FORM A PART OF THE POLICY GRANT ANY COVERAGE OR CHANGE THE TERMS AND CONDITIONS OF ANY COVERAGE UNDER THE POLICY. The Named Insured is hereby notified that under the Terrorism Risk Insurance Act as extended and reauthorized Act the Named Insured has a right to purchase insurance coverage of losses arising out of acts of terrorism as defined in Section 1021 of the Act subject to all applicable policy provisions. The Terrorism Risk Insurance Act established a federal program within the Department of the Treasury under which the federal government shares with the insurance industry the risk of loss from future terrorist attacks. This Notice is designed to alert the Named Insured to coverage restrictions and to certain terrorism provisions in the policy. If there is any conflict between this Notice and the policy including its endorsements the provisions of the policy including its endorsements apply. CHANGE IN THE DEFINITION OF A CERTIFIED ACT OF TERRORISM The Act applies when the Secretary of the Treasury certifies that an event meets the definition of an act of terrorism. Originally the Act provided that to be certified an act of terrorism must cause losses of at least five million dollars and must have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest to coerce the government or population of the United States. However the 2007 re authorization of the Act removed the requirement that the act of terrorism must be committed by or on behalf of a foreign interest and now certified acts of terrorism may encompass for example a terrorist act committed against the United States government by a United States citizen when the act is determined by the federal government to be a certified act of terrorism. In accordance with the Act the Insurer is required to offer the Named Insured the ability to purchase coverage for losses resulting from an act of terrorism that is certified under the federal program. The other provisions of this policy including nuclear war or military action exclusions will still apply to such an act. DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The Department of the Treasury will pay a share of terrorism losses insured under the federal program. In 2015 the federal share equals 85 of that portion of the amount of such insured losses that exceeds the applicable insurer retention and shall decrease by 1 percentage point per calendar year until equal to 80. LIMITATION ON PAYMENT OF TERRORISM LOSSES If aggregate insured losses attributable to terrorist acts certified under the Terrorism Risk Insurance Act exceed 100 billion in a Program Year January 1 through December 31 the Treasury shall not make any payment for any portion of the amount of such losses that exceeds 100 billion. Further this coverage is subject to a limit on the Insurer s liability pursuant to the federal law where if aggregate insured losses attributable to terrorist acts certified under the Act exceed 100 billion in a Program Year January 1 through December 31 and the Insurer has met its insurer deductible under the Act the Insurer shall not be liable for the payment of 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. Form No CNA75532XX 01 2015 Policy No CUE 6050490303 Policyholder Notice Page 1 of 2 Policy Effective Date 12312018 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 4 of 54 Copyright CNA All Rights Reserved. | 2 |
CNA CNA Paramount Excess and Umbrella Liability Policyholder Notice CONFIRMATION OF ACCEPTANCE OF COVERAGE In accordance with the Act the Insurer offered the Named Insured coverage for losses resulting from an act of terrorism that is certified under the federal program. This notice confirms that the Named Insured has chosen to accept the Insurer s offer of coverage for certified acts of terrorism. The policy s other provisions including nuclear war or military action exclusions will still apply to such an act. The premium charge for terrorism coverage is shown separately on the Declarations. CNA Paramount Excess and Umbrella Liability Policyholder Notice Form No CNA75532XX 01 2015 Policy No CUE 6050490303 Policyholder Notice Page 2 of 2 Policy Effective Date 12312018 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 5 of 54 Copyright CNA All Rights Reserved. | 2 |
cNA CNA Paramount Excess and Umbrella Liability Policyholder Notice I POLICYHOLDER NOTICE CNA Commercial Insurance CNA Plaza 385 420 Chicago IL 60685 0001 Regarding Your CNA Commercial Insurance Coverage Dear CNA Policyholder Ethics and proper business conduct has been the cornerstone of CNA since 1897. While much has changed during the last century our commitment to these core values has not wavered. We strongly believe that proper business conduct is more than the practice of avoiding wrong it is also a matter of choosing to do right. Nowhere is this more essential than helping in the fight against terrorism. As such we are committed to complying with U.S. Department of Treasury Office of Foreign Asset Control OFAC requirements. Through a variety of laws OFAC administers and enforces economic sanctions against countries and groups of individuals such as terrorists and narcotics traffickers. These laws prohibit all United States citizens including corporations and other entities and permanent residents from engaging in transactions with sanctioned countries and with individuals and entities on the Specially Designated Nationals SDN list. Because all U.S. citizens and companies are subject to this law we wanted to be sure you were aware of its scope and restrictions. If you have nt already done so you may want to consider discussing this issue with your legal counsel to ensure you are in compliance. For insurance companies accepting premium from issuing a policy to insuring property of or making a claim payment to an individual or entity that is the subject of U.S.imposed economic sanctions or trade embargoes usually are violations of these laws and regulations. Fines for violating OFAC requirements can be substantial. CNA has established an OFAC compliance program part which includes the use of exclusionary policy language. We believe this makes good business sense for CNA and you. The purpose of this letter is to advise you that your renewal policy includes OFAC exclusionary policy language which may reduce or eliminate certain coverage. Specifically if it is determined that your policy violates certain Federal or State laws or regulations such as the U.S. list of Specially Designated Nationals or Blocked Persons organizations or individuals associated with terrorist groups any term or condition of your policy will be and void to the extent it violates the applicable laws or regulations of the United States. We re sure you share our commitment to compliance and thank you for your cooperation. Form No CNA76614XX 03 2015 Policy No CUE 6050490303 Policyholder Notice Page 1 of 1 Policy Effective Date 12312018 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 6 of 54 Copyright CNA All Rights Reserved. | 2 |
cNA CNA Paramount Excess and Umbrella Liability Policyholder Notice I This Disclosure Notice is not your policy. READ YOUR POLICY CAREFULLY to determine rights duties and what is and is not covered. Only the provisions of your policy determine the extent of your insurance protection. This policy contains exclusions relating to asbestos and silica. As stated in the exclusions the policy does not provide any coverage for liability arising out of the presence of or exposure to asbestos or silica. Form No CNA76626XX 07 2016 Policy No CUE 6050490303 Policyholder Notice Page 1 of 1 Policy Effective Date 12312018 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 7 of 54 Copyright CNA All Rights Reserved. | 2 |
cNA CNA Paramount Excess and Umbrella Liability Policy Declarations I POLICY DECLARATIONS. Named Insured and Mailing Address Named Insured Mailing Address CAROLLO ENGINEERS INC. 3150 BRISTOL ST STE 500 COSTA MESA CA 92626 3088. Policy Information. Producer Information Policy Number 6050490303 Producer Renewal of 6050490303 RSC INSURANCE BROKERAGE INC. 2040 MAIN ST Insurer s Name and Address STE 450 The Continental Insurance Company IRVINE CA 92614 7216 151 N Franklin St Chicago IL 60606. Policy Period 12312018 to 12312019 at 1201 a.m. Standard Time at your mailing address.. Limits of Insurance Producer Code 120 084296 Each Incident Limit 23000000 Aggregate Limit 23000000 Aggregate Products Completed Operations Hazard Limit 23000000 Policy Aggregate Limit Crisis Management Expenses Aggregate Limit 300000 Key Employee Replacement Expenses Aggregate Limit 100000. Self Insured Retention Self Insured Retention 10000 eEiiieu Hioviod. CAROLLO ENGINEERS INC. nan nan nan nan 38.0 b 490303 ddress ance Company BROKERAGE INC. 4 7216 20 084296 TR M R T AmeR e Form No CNA75501XX 03 2015 Policy No CUE 6050490303 Policy Declarations Page 1 of 6 Policy Effective Date 12312018 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 8 of 54 Copyright CNA All Rights Reserved. | 2 |
CNA CNA Paramount Excess and Umbrella Liability Policy Declarations l Schedule of Underlyi surance Underlying Insurer Policy Number Policy Period Note Underlying Insurance Continental Insurance General Liability Company 6050490317 12312018 to 12312019 Coverages Each Occurrence Limit General Aggregate Limit Per Location yes Per Proiect ves Limits of Insurance 1000000 2000000 Underlying Insurance Coverages General Liability Each Occurrence Limit Limits of Insurance 1000000 General Aggregate Limit Per Location yes Per Project yes Products Completed Operations Aggregate Limit Personal and Advertising Injury Liability Limit 2000000 2000000 1000000 2000000 Auto Liability Combined Single Limit 1000000 National Fire Insurance Company of Hartford 6050490267 12312018 to 12312019 Valley Forge Insurance Company 6050490298 12312018 to 12312019 Employers Liability Bodily Injury by Accident Each Accident Limit 1000000 Bodily Injury by Disease Policy Limit 1000000 Bodily Injury by Disease Each Employee Limit 1000000 Form No CNA75501XX 03 2015 Policy No CUE 6050490303 Policy Declarations Page 2 of 6 Policy Effective Date 12312018 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 9 of 54 Copyright CNA All Rights Reserved. | 2 |
CNA CNA Paramount Excess and Umbrella Liability Policy Declarations Underlying Insurer Policy Number Policy Period Note American Casualty Company of Reading Pennsylvania 6050490270 12312018 to 12312019 Underlying Insurance Employers Liability Coverages Bodily Injury by Accident Each Accident Limit Bodily Injury by Disease Policy Limit Bodily Injury by Disease Each Employee Limit Limits of Inst 1000000 1000000 1000000 Limits of Insurance Transportation Insurance Company 6075902255 12312018 to 12312019 Employers Liability Bodily Injury by Accident Each Accident Limit 1000000 Bodily Injury by Disease Policy Limit 1000000 Bodily Injury by Disease Each Employee Limit 1000000 Continental Insurance Company 6050490317 12312018 to 12312019 Employee Benefits Each Employee Limit Liability Aggregate Limit 1000000 1000000 Form No CNA75501XX 03 2015 Policy No CUE 6050490303 Policy Declarations Page 3 of 6 Policy Effective Date 12312018 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 10 of 54 Copyright CNA All Rights Reserved. | 2 |
CNA CNA Paramount Excess and Umbrella Liability Policy Declarations Underlying Insurer Policy Number Policy Period Note Continental Insurance Company 6050490317 12312018 to 12312019 Underlying Insurance Stop Gap Liability Coverages Limits of Insurance Bodily Injury by Accident Each Accident Limit 1000000 Bodily Injury by Disease Policy Limit 1000000 Bodily Injury by Disease Each Employee Limit 1000000 ACE American Insurance Foreign General Co. Liability PHFD38310690 004 02062017 to 02062020 Each Occurrence Limit USD 1000000 General Aggregate Limit USD 2000000 Per Location no Per Project no Products Completed Operations Aggregate Limit USD 2000000 Personal and Advertising Injury Liability Limit USD 1000000 USD 2000000 ACE American Insurance Foreign Auto Liability Co. PHFD38310690 004 02062017 to 02062020 Combined Single Limit USD 1000000 Form No CNA75501XX 03 2015 Policy No CUE 6050490303 Policy Declarations Page 4 of 6 Policy Effective Date 12312018 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 11 of 54 Copyright CNA All Rights Reserved. | 2 |
CNA Underlying Insurer Policy Number Policy Period Note Underlying Insurance ACE American Insurance Foreign Employers Co. Liability PHFD38310690 004 02062017 to 02062020 CNA Paramount Excess and Umbrella Liability Policy Declarations Coverages Limits of Insurance Bodily Injury by Accident Each Accident Limit USD 1000000 Bodily Injury by Disease Policy Limit USD 1000000 Coverages Limits of Insurance Bodily Injury by Accident Each Accident Limit USD 1000000 Bodily Injury by Disease Policy Limit USD 1000000 Bodily Injury by Disease Each Employee Limit USD 1000000 ACE American Insurance Foreign Employee Co. Benefits Liability PHFD38310690 004 02062017 to 02062020 Each Occurrence Limit Aggregate Limit USD 1000000 USD 1000000. Forms and Endorsements Attached to this Policy See SCHEDULE OF FORMS AND ENDORSEMENTS Minimum Earned Premium 0 of the Total Premium Total Premium 76271.00 Premium includes the following amount for Certified Acts of 0 Terrorism Coverage rremium Form No CNA75501XX 03 2015 Policy No CUE 6050490303 Policy Declarations Page 5 of 6 Policy Effective Date 12312018 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 12 of 54 Copyright CNA All Rights Reserved. | 2 |
cNA CNA Paramount Excess and Umbrella Liability Policy Declarations Notice to insurer Address CNA Claims Reporting P.0. Box 8317 Chicago IL 60680 8317 Fax 800 446 8632 Email Address HPReportsCNA.com e Address CNA Claims Reporting P.O. Box 8317 Chicago IL 60680 8317 Fax 800 446 8632 Address Form No CNA75501XX 03 2015 Policy No CUE 6050490303 Policy Declarations Page 6 of 6 Policy Effective Date 12312018 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 13 of 54 Copyright CNA All Rights Reserved. | 2 |
CNA CNA Paramount Excess and Umbrella Liability Policy Schedule I HEDULE OF FORMS AND ENDORSEMEN Endorsement Form Name Form Number Form Edi Number PEI 1 POLICYHOLDER NOTICE COUNTRYWIDE CNA75014XX 01 2015 2 CANCELLATION NON RENEWAL CALIFORNIA CNAB2814CA 09 2012 3 CHANGES NOTICE OF CANCELLATION ENDORSEMENT CNA75525XX 03 2015 4 NAMED INSURED ENDORSEMENT CNA75597XX 03 2015 5 UNDERLYING INSURANCE COVERAGE LIMITATION CNA76492XX 03 2015 ENDORSEMENT PARAMOUNT EXCESS AND UMBRELLA LIABILITY CNA75504XX 03 2015 PoOLICY NOTICE OFFER OF TERRORISM COVERAGE CNA75532XX 01 2015 DISCLOSURE OF PREMIUM POLICYHOLDER NOTICE OFAC REQUIREMENTS CNA76614XX 03 2015 PAYMENT PLAN SCHEDULE CNA84401XX 12 2015 POLICY DECLARATIONS CNA75501XX 03 2015 POLICY LIMITATION DISCLOSURE NOTICE CNA76626XX 07 2016 3E LIMITATION Form No CNAG2640XX 09 2012 Policy No CUE 6050490303 Policy Schedule Page 1 of 1 Policy Effective Date 12312018 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 14 of 54 Copyright CNA All Rights Reserved. | 2 |
CNA CNA Paramount Excess and Umbrella Liability Policy Schedule I PAYMENT PLAN SCHEDULE PAYMENT PLAN SCHEDULE IT IS AGREED THAT THE TOTAL PREMIUM SHOWN IN THE DECLARATIONS OF THIS POLICY IS PAYABLE AS FOLLOWS Effective Date Premium 12312018 7627.00 01312019 7628.00 02282019 7627.00 03312019 7627.00 04302019 7627.00 05312019 7627.00 06302019 7627.00 07312019 7627.00 08312019 7627.00 09302019 7627.00 Total Cost 76271.00 Form No CNAB4401XX 12 2015 Policy No CUE 6050490303 Policy Schedule Page 1 of 1 Policy Effective Date 12312018 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 15 of 54 Copyright CNA All Rights Reserved. | 2 |
cNA CNA Paramount Excess and Umbrella Liability Policy o Various provisions in this Policy restrict coverage. Read the entire Policy carefully to determine rights duties and what is and is not covered. The Insurer refers to the insurer providing this insurance as set forth on the Declarations of this Policy. Words and phrases that appear in bold have special meaning. Refer to the section entitled DEFINITIONS. I. COVERAGES A. Coverage A Excess Follow Form Liability The Insurer will pay on behalf of the Insured those damages in excess of the applicable underlying limits. Coverage hereunder will attach only after the full amount of the applicable underlying limits have been exhausted through payment in legal currency of covered loss under all applicable underlying insurance and to which this Coverage A applies. Coverage A under this Policy will then apply in conformance with the provisions of the applicable underlying insurance except for the premium limits of insurance deductible retentions or any defense obligations and any other terms and conditions specifically set forth in this Policy. Upon exhaustion of the applicable underlying limits the Insurer shall only pay for damages in excess of the applicable underlying limits. This Coverage A does not provide coverage for any loss not covered by the applicable underlying insurance except and to the extent that such loss is not paid under the applicable underlying insurance solely by reason of the exhaustion of the applicable underlying limits through payment of loss thereunder. This Coverage applies 1. if the applicable underlying insurance is on an occurrence basis then only if that which must take place in the policy period of the underlying insurance in order to trigger coverage takes place during this policy period and 2. if the applicable underlying insurance is on a claims made basis then only if a. that which must take place in the underlying insurance in order to trigger coverage takes place after the retroactive date and prior to the end of the policy period and b. the claim is first made during the policy period. B. Coverage B Umbrella Liability The Insurer will pay on behalf of the Insured those damages in excess of the retained amount 1. that an Insured becomes legally obligated to pay because of bodily injury property damage or personal and advertising injury or 2. because of liability for bodily injury or property damage assumed under an insured contract provided the bodily injury or property damage occurs subsequent to the execution of such insured contract and provided that a. the bodily injury or property damage occurs during the policy period b. the bodily injury or property damage is caused by an occurrence that takes place in the coverage territory Form No CNA75504XX 03 2015 Policy No CUE 6050490303 Policy Page 1 of 32 Policy Effective Date 12312018 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 16 of 54 Copyright CNA All Rights Reserved. | 0 |
CNA CNA Paramount Excess and Umbrella Liability c. the personal and advertising injury is caused by an offense arising out of the Named Insured s business and d. the offense giving rise to personal and advertising injury was first committed during the policy period and in the coverage territory Provided however that Coverage B Umbrella Liability i. does not apply to a any part of damages to which underlying insurance applies or b any part of damages to which underlying insurance would have applied regardless of 1 the availability of underlying insurance or 2 the exhaustion of the applicable underlying limits c any defense costs related to damages as described in a. and b. above. ii. applies only if prior to the effective date of the policy period no authorized insured a knew that such bodily injury or property damage had occurred in whole or in part. If any authorized insured knew prior to the policy period that any such 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 or b knew that any offense giving rise to personal and advertising injury had occurred in whole or in part. Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any authorized insured includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. An authorized insured will be deemed to know 1. that such bodily injury or property damage occurred at the earliest time when such authorized insured a. reports the bodily injury or property damage to the Insurer or any other insurer b. receives a claim arising out of the bodily injury or property damage or c. becomes aware by any other means that the bodily injury or property damage has occurred or has begun to occur 2. that such offense giving rise to personal and advertising injury occurred on the date of the first utterance or dissemination or if there is no utterance or dissemination then on the first date of the activity giving rise to a claim. Coverage C Crisis Management Expenses The Insurer will reimburse the Named Insured for crisis management expenses incurred by the Named Insured as a direct result of its response to a crisis management event that first occurs during the policy period provided 1 such crisis management event is reported to the Insurer as soon as reasonably practicable following the crisis management event or within 72 hours after such crisis management event begins if such crisis management event is likely to give rise to bodily injury or property damage Form No CNA75504XX 03 2015 Policy No CUE 6050490303 Policy Page 2 of 32 Policy Effective Date 12312018 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 17 of 54 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability 2. such crisis management expenses are incurred within 180 days after the crisis management event and reported to the Insurer as soon as reasonably practicable and 3. such crisis management expenses are approved in advance by the Insurer. The period of time for which the Insurer will pay crisis management expenses will not be limited by the expiration of the policy period. D. Coverage D Key Employee The Insurer will reimburse the Named Insured for key employee replacement expenses due to the Named Insured s permanent loss of the services of a key employee provided that 1. the Named Insured would not have incurred such key employee replacement expenses if the Named Insured had not lost the services of the key employee 2. such key employee replacement expenses are incurred by the Named Insured within 180 days of the covered accident and reported to the Insurer as soon as reasonably practicable 3. such loss of service is caused by a covered accident 4. the covered accident occurs during the policy period and 5. a replacement for such key employee is hired within 180 days after the covered accident. The period of time for which the Insurer will pay key employee replacement expenses will not be limited by the expiration of the policy period. Il. DEFENSE COSTS PAYMENT AND RELATED DUTIES A. The Insurer has the right and duty to defend any suit and the right to assume control of the investigation and settlement of any claim against the Insured as follows 1. with respect to the Coverage A Excess Follow Form Liability upon exhaustion through payment in legal currency of the full amount of the applicable underlying limits over which Coverage A applies. 2. with respect to the Coverage B Umbrella Liability upon receipt by the Insurer of a claim to which Coverage B applies. When the Insurer has the duty to defend any suit and the right to investigate any claim but is prevented by law from doing so the Insured will undertake such defense and investigation and the Insurer will reimburse the Insured for the defense costs. The Insurer s obligation to defend any suit investigate any claim or reimburse for any defense costs does not apply if any other insurer has a duty to defend. Further any obligation to defend any suit investigate any claim or reimburse for any defense costs ceases upon exhaustion of the applicable limits of insurance of this Policy. B. The Insurer may at the Insurer s sole discretion and at the Insurer s own cost elect to participate in the investigation settlement or defense of any claim against any of the Insureds for matters covered by this Policy even if the applicable underlying limit has not been exhausted. C. The Insurer will pay defense costs as follows 1 with respect to the Coverage A Excess Follow Form Liability defense costs are paid within or excess of the limits of insurance as set forth in the applicable underlying insurance. 2. with respect to the Coverage B Umbrella Liability defense costs are paid in excess of and do not erode the limits of insurance or the retained amount. D Where the Insurer investigates a claim or defends a suit the Insurer will do so even if the allegations of a claim are groundless false or fraudulent. If Insurer investigates a claim or defends a suit Insurer will Form No CNA75504XX 03 2015 Policy No CUE 6050490303 Policy Page 3 of 32 Policy Effective Date 12312018 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 18 of 54 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy do so only until the Insurer 1. makes payment of or 2. offers to pay or 3. deposits in court that part of a judgment up to but not exceeding the Insurer s applicable limits of insurance. E. No Insured shall admit liability consent to any judgment agree to any settlement or make any settlement offer which is reasonably likely to involve this Policy without the Insurer s prior written consent such consent not to be unreasonably withheld. The Insureds agree that they shall not knowingly take any action that increases the Insurer s exposure for damages or defense costs under this Policy. lll. EXCLUSIONS A. Coverage A Excess Follow Form Liability and Coverage B Umbrella Liability Exclusions With respect to both the Coverage A Excess Follow Form Liability and Coverage B Umbrella Liability this Insurance does not apply to 1. Access to or Disclosure of Confidential or Personal Information and Data Related Liability any actual or alleged damages arising out of a. any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information or b. the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by the Named Insured or others arising out of that which is described in paragraph a. or b. above. However unless paragraph a. above applies this exclusion does not apply to bodily injury to the extent that such liability is covered by underlying insurance. 2. Asbestos a. any actual or alleged liability arising out of the actual alleged or threatened exposure at any time to asbestos or b. any actual or alleged loss cost or expense that may be awarded or incurred i. by reason of a claim for any such injury or damage or ii. in complying with a governmental direction or request to test for monitor clean up remove contain or dispose of asbestos. 3. Damage to Impaired Property or Property not Physically Injured any actual or alleged 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 the Named Insured or anyone acting on the Named Insured s behalf to perform a contract or agreement in accordance with its terms. CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 6050490303 Policy Page 4 of 32 Policy Effective Date 12312018 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 19 of 54 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability 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. 4. Damage to Premises Rented or Occupied by the Named Insured any actual or alleged property damage to premises rented to the Named Insured or in the case of damage by fire while rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner. 5. Distribution or Recording of Material or Information in Violation of Laws any actual or alleged liability arising directly or indirectly out of any actual or alleged a. violation of i. the Telephone Consumer Protection Act TCPA including any amendment of or addition to such law ii. the CAN SPAM Act of 2003 including any amendment of or addition to such law 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 iv. any statute ordinance regulation or law other than the TCPA CAN SPAM Act of 2003 or FCRA including FACTA 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 or b. conversion or consumption of another s tangible property or electronic assets. For the purpose of this provision electronic assets include but are not limited to minute allowances text message allowances and other electronic consumables. 6. Employment Related Practices any actual or alleged bodily injury or personal and advel a. a person arising out of any actual or alleged i. refusal to employ that person termination of that person s employment employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at that person or b the spouse child parent brother or sister of that person as a consequence of such bodily injury or personal and advertising injury to that person at whom any of the employment related practices described in paragraphs a. i. or iii. above is directed. This exclusion applies a. whether the injury causing event described in paragraphs a. or iii. above occurs before employment during employment or after employment of that perso b. whether the Insured may be liable as an employer or in any other capacity and c. to any obligation to share damages with or repay someone else who must pay damages because of the injury. However this exclusion does not apply to bodily injury a person sustains during a job interview while attempting to demonstrate a physical capability or skill required by the job to the extent that Form No CNA75504XX 03 2015 Policy No CUE 6050490303 Policy Page 5 of 32 Policy Effective Date 12312018 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 20 of 54 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy such liability is covered by underlying insurance. 7. ERISA any actual or alleged liability arising out of any actual or alleged obligation of any Insured under the Employees Retirement Income Security Act of 1974 or any similar common or statutory law anywhere in the world including any amendments or additions thereto. 8. Nuclear Energy Liability any actual or alleged 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 b. resulting 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 1954 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 or c. resulting from hazardous properties of nuclear material if i. 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 ii. the nuclear material is contained in spent fuel or nuclear waste at any time possessed handled used processed stored transported or disposed of by or on behalf of an Insured or i the bodily injury property damage or personal and advertising injury arises out of the furnishing by an Insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this exclusion applies only to property damage to such nuclear facility and any property thereat. d. Under any Medical Payments coverage to expenses with respect to bodily injury resulting from the hazardous properties of nuclear material and arising out of the operation of a nuclear facility by any person or organization. Solely as used in this exclusion a property damage includes all forms of radioactive contamination of property b hazardous properties includes but is not limited to radioactive toxic or explosive properties c source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof d spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor. CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 6050490303 Policy Page 6 of 32 Policy Effective Date 12312018 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 21 of 54 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Po 10. 11. 12. 13. Recall of Products Work or Impaired Property any actual or alleged loss cost or expense incurred by the Named Insured or any person or entity for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of your product your work or impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. Unfair Competition Antitrust Claims RICO Claims any actual or alleged liability arising out of any a. unfair competition dilution deceptive trade practices or civil actions for consumer fraud b. charges of price fixing monopolization or restraint of trade or c. any violation of i. the Federal Trade Commission Act the Sherman Act the Clayton Act or any federal statutory provision regarding anti trust monopoly price fixing price discrimination predatory pricing or restraint of trade the Racketeer Influenced and Corrupt Organizations Act iv. any rules or regulations promulgated under or in connection with the above statutes or v. any state federal or local statute or other law which similarly regulates business practices. Uninsured Underinsured Motorists any actual or alleged liability arising out of any obligations under an uninsured underinsured motorist law a personal injury protection law a reparations benefit law or other similar law. War any actual or alleged liability arising directly or indirectly out of any war including undeclared or civil war b. warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or c. insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Workers Compensation and Similar Laws Nonsubscriber Status any actual or alleged liability arising out of any obligation of any Insured a. under a workers compensation disability benefits or unemployment compensation law or any similar law. b. by reason of a statement of non subscription on file with any applicable Worker s Compensation authority of any State indicating the Named Insured has chosen not to participate in the Workers Compensation system in accordance with laws of such state. B. Coverage A Excess Follow Form Liability Exclusions With respect to Coverage A Excess Follow Form Liability this Insurance does not apply to 1. Coverages Subject to a Sub Limit any actual or alleged liability loss cost or expense covered under any underlying insurance which is CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 6050490303 Policy Page 7 of 32 Policy Effective Date 12312018 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 22 of 54 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy subject to a sub limit. 2. Crisis Management Expenses crisis management expenses except as provided for in Coverage C above even if such insurance is afforded under underlying insurance or would have been afforded but for the exhaustion of the underlying limits. 3. Pollution a. any actual or alleged bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants i. ator from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any Insured except that this subparagraph does not apply to a bodily injury or property damage arising out of heat smoke or fumes from a hostile fire or b bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests ii. ator from any premises site or location which is or was at any time used by or for any Insured or others for the handling storage disposal processing or treatment of waste which are or were at any time transported handled stored treated disposed of or processed as waste by or for any Insured or any person or organization for whom the Named Insured may be legally responsible or iv. 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 a If the pollutants are brought on or to the premises site or location in connection with such operations by such Insured contractor or subcontractor except that this subparagraph does not apply to bodily injury or property damage arising out of 1 the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for operation of mobile equipment or its parts if such fuels lubricants or other operating fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such Insured contractor or subcontractor or 2 heat smoke or fumes from a hostile fire or b If the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants v. that are or that are contained in property that is a being transported or towed by or handled for movement into onto or from a covered auto b otherwise in the course of transit or CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 6050490303 Policy Page 8 of 32 Policy Effective Date 12312018 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 23 of 54 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy c being stored disposed of treated or processed in or upon the covered auto except that this subparagraph does not apply to fuels lubricants fluids exhaust gases or other similar Pollutants that are needed for or result from the normal electrical hydraulic or mechanical functioning of the covered auto or its parts if the pollutants escape or are discharged dispersed or released directly from an auto part designed by its manufacturer to hold store receive or dispose of such pollutants vi. before the pollutants or property in which the pollutants are contained are moved from the place where they are accepted by the Insured for movement into or onto the covered auto or vii. after the pollutants or property in which the pollutants are contained are moved from the covered auto to the place where they are finally delivered disposed of or abandoned by the Insured. Subparagraphs vi. and vii. do not apply if the pollutants or property in which the pollutants are contained are upset overturned or damaged as a result of the maintenance or use of a covered auto and the discharge dispersal release or escape of the pollutants is caused directly by such upset overturn or damage. any actual or alleged personal and advertising injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. any actual or alleged loss cost or expense arising out of any i. request demand order or statutory or regulatory requirement that any Insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or ii. claim by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. However if liability for damages because of property damage is not excluded by paragraph a. of this exclusion then neither will paragraph c. above serve to exclude such damages. C. Coverage B Umbrella Liability Exclusions With respect to the Coverage B Umbrella Liability this Insurance does not apply to 1. Aircraft Auto Watercraft or Mobile Equipment any actual or alleged bodily injury property damage personal and advertising injury arising out of the ownership maintenance operation use loading or unloading or entrustment to others of any a. aircraft owned by any Insured or rented loaned or chartered by or on behalf of any Insured without crew or b. autos watercraft or mobile equipment This exclusion applies even if such claim against an Insured alleges negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that Insured. This exclusion does not apply to i. watercraft while ashore on premises the Named Insured owns or rents watercraft the Named Insured does not own that is a less than 55 feet long and b not being used to carry persons or property for a charge or Form No CNA75504XX 03 2015 Policy No CUE 6050490303 Policy Page 9 of 32 Policy Effective Date 12312018 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 24 of 54 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy liability assumed under any insured contract for the ownership maintenance or use of watercraft. 2. Contractual Liability any actual or alleged bodily injury property damage or personal and advertising injury for which an Insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement other than an insured contract. This exclusion does not apply to liability that the Insured would have in the absence of such contract or agreement. 3. Damage to Property any actual or alleged property damage to a. property the Named Insured owns rents or occupies including any costs or expenses incurred by the Named Insured 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 b. premises the Named Insured sells gives away or abandons if the property damage arises out of any part of those premises property loaned to the Named Insured personal property in the care custody or control of the Insured e. that particular part of real property on which the Named Insured or any contractors or subcontractors working directly or indirectly on its behalf are performing operations if the property damage arises out of those operations or f. that particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraph b. of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by the Named Insured. Paragraphs c. d. e. and f. of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph f. of this exclusion does not apply to property damage included in the products completed operations hazard. 4. Damage to Your product any actual or alleged property damage to your product arising out of it or any part of it. 5. Damage to Your work any actual or alleged 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 the Named Insured s behalf by a subcontractor. 6. Employee Injury any actual or alleged bodily injury or personal and advertising injury to a. an employee arising out of and in the course of employment by the Insured or performing duties related to the conduct of the Insured s business or b. the spouse child parent brother or sister of that employee as a consequence of a. above. Form No CNA75504XX 03 2015 Policy No CUE 6050490303 Policy Page 10 of 32 Policy Effective Date 12312018 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 25 of 54 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy This exclusion applies i. whether an 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. This exclusion does not apply to liability assumed by the Insured under an insured contract. 7. Expected or Intended injury any actual or alleged bodily injury or property damage arising out of an act or omission a. intended by an Insured or b. that 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. 8. Fungi or Other Organic Pathogens a. any actual or alleged bodily injury property damage or personal and advertising injury arising out of any actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or growth or presence of any fungi or other organic pathogens b. any actual or alleged loss cost or expense arising out of or relating to the testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or other organic pathogens by any Insured or by anyone else or c. any actual or alleged property damage caused by water where there also exists any property damage arising out of or relating to in whole or in part the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or growth or presence of any fungi or other organic pathogens. This exclusion applies regardless of any other cause or event that contributes concurrently or in any sequence to such injury or damage loss cost or expense. 9. Liquor Liability any actual or alleged bodily injury or property damage for which any Insured may be held liable by reason of a. causing or contributing to the intoxication of any person including causing or contributing to the intoxication of any person because alcoholic beverages were permitted to be brought on the Insured s premises for consumption on the Insured s premises b. the furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or c. any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies even if the claims against any Insured allege negligence or other wrongdoing in i. the supervision hiring employment training or monitoring of others by that Insured or CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 6050490303 Policy Page 11 of 32 Policy Effective Date 12312018 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 26 of 54 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy 10. 11. if the occurrence which caused the bodil providing or failing to provide transportation with respect to any person that may be under the influence of alcohol ury or property damage involved that which is described in paragraph a. b. or c. above. Nonemployment Related Discrimination any actual or alleged personal and advertising injury arising out of any actual or alleged nonemployment related discrimination committed intentionally against a person. Personal and Advertising Injury any actual or alleged personal and advertising injury Breach of Contract arising out of breach of contract except an implied contract to use another s advertising idea in the Named Insured s advertisement. Criminal Acts or Conduct arising out of any actual or alleged criminal act or omission committed by or at the direction of any Insured. This exclusion does not apply to the extent liability is imposed upon the Insured for acts or omissions of another committed without the knowledge or consent of the Insured. Electronic Chat Rooms or Bulletin Boards arising out of an electronic chat room or bulletin board the Insured hosts owns or over which the Insured exercises control. Infringement of Copyright Patent Trademark or Trade Secret arising out of infringement of copyright patent trademark trade secret or other intellectual property rights. Under this exclusion such other intellectual property rights do not include the use of another s advertising idea in the Named Insured s advertisement. However this exclusion does not apply to infringement of copyright trade dress or slogan in the Named Insured s advertisement. Insureds in Media and Internet Type Businesses committed by an Insured whose business is i. advertising broadcasting publishing or telecasting ii. designing or determining content or web sites for others or an Internet search access content or service provider. However this exclusion does not apply to paragraph A. B. or C. of personal and advertising injury as defined in the section entitled Definitions. For the purposes of this exclusion the placing of frames borders or links or advertising for the Named Insured or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. Knowing Violation of Rights of Another caused by an actual or alleged offense act or omission by or at the direction of the Insured if the Insured knew or should have known that such offense act or omission would cause such personal and advel Form No CNA75504XX 03 2015 Policy No CUE 6050490303 Policy Page 12 of 32 Policy Effective Date 12312018 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 27 of 54 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy g. Material Published Prior To Policy Period arising out of oral or written publication in any manner of material whose first publication took place before the beginning of the policy period. h. Material Published with Knowledge of Falsity arising out of written publication in any manner of material if the Insured knew or should have known the material was false. i. Quality or Performance of Goods Failure to Conform to Statements arising out of any failure of goods products or services to conform to any statement of quality or performance made in the Named Insured s advertisement. j. Unauthorized Use of Another s Name or Product arising out of unauthorized use of another s name or product in the Named Insured s e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. k. Wrong Description of Prices arising out of the wrong description of the price of goods products or services stated in the Named Insured s advertisement. 12. Pollution a any actual or alleged bodily injury property damage or personal and advertising injury arisingout of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time. b. any actual or alleged loss cost or expense arising out of any i. request demand order or statutory or regulatory requirement that anyone test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or claim by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. 13. Silica a. any actual or alleged bodily injury arising in whole or in part out of the actual alleged or threatened respiration or ingestion at any time of silica or b. any actual or alleged property damage arising in whole or in part out of the actual alleged or threatened presence of silica. c. any actual or alleged personal and advertising injury arising in whole or in part out of the actual alleged or threatened i. exposure at any time to or presence at any time of ca. 14. Terrorism any actual or alleged bodily Injury property damage or personal and advertising injury arising out of any act of terrorism. CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 6050490303 Policy Page 13 of 32 Policy Effective Date 12312018 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 28 of 54 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy D. Coverage D Key Employee Exclusions With respect to Coverage D Key Employee this insurance does not apply to any actual or alleged 1. Death or Disability death or permanent disability of a key employee relating to or arising out of a. b. a0 nuclear reaction or radiation or radioactive contamination however caused sickness or disease including mental illness or mental injury pregnancy childbirth miscarriage or abortion suicide attempted suicide or self inflicted bodily injury while sane or insane the key employee s intoxication impairment or otherwise being under the influence of alcohol or controlled substances war including undeclared or civil war warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. 2. Other Expenses expenses the Named Insured incurs which the Named Insured would not have incurred if the Named Insured had used all reasonable means to i. find a permanent replacement for the key employee and reduce or discontinue the key employee replacement expense as soon as possible after the Named Insured s permanent loss of the services of the key employee caused by a covered accident. additional expenses incurred due to the Named Insured s loss of the services of a permanent replacement appointed or hired to replace a key employee however caused. However this exclusion does not apply if the replacement employee is included in the definition as a key employee and the Named Insured s loss of the services of the replacement employee is caused by a covered accident. IV. WHO IS AN INSURED The following persons or organizations are Insureds. A. With respect to Coverage A Excess Follow Form Li lity the Named Insured and any persons or organizations included as an insured under the provisions of underlying insurance are Insureds and then only for the same coverage except for limits of insurance afforded under such underlying insurance. With respect to the Coverage B Umbrella Liability 1. If the Named Insured is designated in the Declarations of this Policy as an individual the Named Insured and the Named Insured s spouse are Insureds but only with respect to the conduct of a business of which the Named Insured is the sole owner. a partnership or joint venture the Named Insured is an Insured. The Named Insured s members the Named Insured s partners and their spouses are also Insureds but only with respect to the conduct of the Named Insured s business. CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 6050490303 Policy Page 14 of 32 Policy Effective Date 12312018 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 29 of 54 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy c. a limited liability company the Named Insured is an Insured. The Named Insured s members are also Insureds but only with respect to the conduct of the Named Insured s business. The Named Insured s managers are Insureds but only with respect to their duties as the Named Insured s managers. an organization other than a partnership joint venture or limited liability company the Named Insured is an Insured. The Named Insured s executive officers and directors are Insureds but only with respect to their duties as the Named Insured s officers or directors. The Named Insured s stockholders are also Insureds but only with respect to their liability as stockholders. a trust the Named Insured is an Insured. The Named Insured s trustees are also Insureds but only with respect to their duties as trustees. 2. Each of the following are also Insureds C. With respect to the Coverage C Cri The Named Insured s volunteer workers but only while performing duties related to the conduct of the Named Insured s business. The Named Insured s employees other than either the Named Insured s executive officers if the Named Insured is an organization other than a partnership joint venture or limited liability company or the Named Insured s managers if the Named Insured is a limited liability company but only for acts within the scope of their employment by the Named Insured or while performing duties related to the conduct of the Named Insured s business. However none of these employees or volunteer workers are Insureds for i. bodily injury or personal and advertising injury a to the Named Insured to the Named Insured s partners or members if the Named Insured is a partnership or joint venture to the Named Insured s members if the Named Insured is a limited liability company to a co employee while in the course of his or her employment or performing duties related to the conduct of the Named Insured s business or to the Named Insured s other volunteer workers while performing duties related to the conduct of the Named Insured s business b to the spouse child parent brother or sister of that co employee or volunteer worker as a consequence of paragraph ia 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 paragraph i. a or b above or d arising out of his or her providing or failing to provide professional health care services. property damage to property a owned occupied or used by b rented to in the care custody or control of or over which physical control is being exercised for any purpose by the Named Insured any of the Named Insured s employees volunteer workers any partner or member if the Named Insured is a partnership or joint venture or any member if the Named Insured is a limited liability company. is Event Management and the Coverage D Key Employee the Named Insured is the Insured. V. LIMITS OF INSURANCE A. Multiple Insureds claims claimants The limits of insurance shown in the Declarations of this Policy and the rules below fix the most the Form No CNA75504XX 03 2015 Policy No CUE 6050490303 Policy Page 15 of 32 Policy Effective Date 12312018 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 30 of 54 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy Insurer will pay regardless of the number of 1. Insureds 2. claims made or brought against the Insured 3. persons or organizations making claims or bringing claims and 4. coverages under this Policy. B. Aggregate Limit Subject to the paragraphs D. and E. below the limit of insurance shown in the Declarations of this Policy as the Aggregate limit is the most that the Insurer will pay as damages under this Policy regardless of which coverage applies except for 1. damages covered by any auto liability policy listed in the Schedule of Underlying Insurance where the limits of insurance of such auto liability policy are not aggregated and 2. damages covered under the products completed operations hazard. The limits of insurance shown in the Declarations of this Policy apply to the entire policy period regardless of length. In addition with respect to Coverage A Excess Follow Form Liability only the Aggregate limit shown in the Declarations of this Policy shall be applied in the same manner as the applicable Aggregate limits in the Schedule of underlying insurance. C. Aggregate Products Completed Operations Hazard Subject to paragraph D. and E. below the limit of insurance shown in the Declarations of this Policy as the Aggregate Products Completed Operations Hazard limit is the most that the Insurer will pay as damages arising out of the products completed operations hazard regardless of whether such damages are or otherwise would be covered in any way under more than one coverage. D. Policy Aggregate Limit This provision D. only applies if an amount is shown in the Declarations as the Policy Aggregate Limit. Subject to the Each Incident limit Aggregate limit and Aggregate products completed operations hazard limit the Policy Aggregate limit is the most the Insurer will pay as damages under this Policy regardless of which coverage applies except for damages covered by any auto liability policy listed in the Schedule of Underlying Insurance where the limits of insurance of such auto liability policy are not aggregated. E. Each Incident Subject to paragraphs B. C. and D. above the limit of insurance shown in the Declarations of this Policy as the Each Incident limit is the most the Insurer will pay for the sum of all damages arising out of any one incident under this Policy regardless of which coverage applies. F. Crisis Management Solely with respect to Coverage C Crisis Management Expenses the most the Insurer will pay is the limit of insurance shown on the Declarations of this Policy as the Crisis Management Expenses Aggregate limit regardless of the number crisis management events for which crisis management expenses are incurred. Ci management expenses are not subject to the retained amount. The Crisis Management Expenses Aggregate limit of insurance is in addition to and will not erode any other limits of this Policy. The Crisis Management Expenses Aggregate limit of insurance shall be excess of any other limits of insurance available to the Insured for the same expenses. G. Key Employee Replacement Expenses Form No CNA75504XX 03 2015 Policy No CUE 6050490303 Policy Page 16 of 32 Policy Effective Date 12312018 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 31 of 54 Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy Solely with respect to Coverage D Key Employee the most the Insurer will pay for key employee replacement expenses is the Key Employee Aggregate limit shown on the Declarations of this Policy regardless of the number key employees for which key employee replacement expenses are incurred. Key employee replacement expenses are not subject to the retained amount. The Key Employee Replacement Expenses Aggregate limit of insurance is in addition to and will not erode any other limits of this Policy. The Key Employee Replacement Expenses Aggregate limit of insurance shall be excess of any other limits of insurance available to the Insured for the same expenses. H. Defense Costs Defense costs are either paid within or are in excess of the limits of insurance as set forth in paragraph C. of the section entitled Defense Costs Payment and Related Duties. 1. Exhaustion or Reduction of Applicable Underlying Limit Solely with respect to Coverage A Excess Follow Form Liability if the applicable underlying limits are 1. reduced solely by the payment of covered loss as set forth in Coverage A including related costs and expenses if such related costs and expense reduce such limits Coverage A will apply in excess of the remaining amount of such applicable underlying limit or 2. exhausted solely by the payment of covered loss as set forth in Coverage A including related costs and expenses if such related costs and expense reduce such limits then Coverage A will apply subject to this Policy s limit of insurance provision and to the remaining terms and provisions and conditions of this Policy in place of such exhausted applicable underlying limit. If any loss covered under any underlying insurance is subject to a sub limit whether or not such sub limit erodes the limits generally available to all claims then the underlying limits shall not be deemed depleted by payment of any such sub limits. Nothing herein shall serve to increase the limits of insurance shown in the Declarations of this Policy. VI. CONDITIONS A. Appeals If the Named Insured or its underlying insurers elect not to appeal a judgment in excess of the limits of insurance afforded by the underlying insurance the Insurer may elect to appeal at the Insurer s expense. The Insurer s limits of insurance shall not be increased because of such appeal. However the Insurer will pay the following costs and expenses 1. all premium bonds to release attachments for an amount not in excess of the applicable limit of insurance of this policy 2. all premiums on appeal bonds required in such defended claims but without obligation to apply for or furnish such bonds court fees and costs and expenses taxed against the Named Insured by the appellate court and interest accruing after entry of a judgment against the Named Insured and before the Insurer has paid offered to pay or deposited in court the part of the judgment that is within the applicable limit of insurance of this Policy. Where the underlying insurers terminate their liability to pay interest on the judgment by an offer to pay their limits the Named Insured shall demand that such limits be paid. If the appeal is successful such amounts not obligated to be paid shall be returned to such underlying insurer. B. Cancellation and Nonrenewal Form No CNA75504XX 03 2015 Policy No CUE 6050490303 Policy Page 17 of 32 Policy Effective Date 12312018 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 32 of 54 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy The Cancellation Nonrenewal provisions are as set forth in the Cancellation Nonrenewal Endorsement attached to this Policy. C. Changes to the Policy Notice to any of the Insurer s agents or knowledge possessed by any such agent or any other person shall not act as a waiver or change in any part of this Policy nor will such notice prevent the Insurer from asserting any rights under the provisions of this Policy. of the provisions of this Policy will be waived changed or modified except by written endorsement issued by the Insurer to form a part of this Policy. D. Concealment Misrepresentation and Fraud No concealment misrepresentation or fraud shall avoid or defeat recovery under this Policy unless such concealment misrepresentation or fraud was material. Concealment misrepresentation or fraud in the procurement of this Policy which if known by the Insurer would have led to refusal by the Insurer to make this contract or provide coverage or to make this contract or provide coverage on different terms or conditions will be deemed material. E. Duties of the First Named Insured on the Declarations of this Policy The First Named Insured on behalf of all others will be 1. authorized to make changes in the terms of this Policy with the consent of the Insurer 2. the payee of any premiums the Insurer refunds 3. responsible for a. remitting the payment of all premiums due but all Named Insureds jointly and severally agree to make such payments in full if the First Named Insured fails to pay the amount due within 10 days after the Insurer give written notice or demand b. keeping records of the information the Insurer requires for premium computation and sending copies of such records at such times as requested by the Insurer c. notifying the Insurer that the First Named Insured on behalf of all others wants to cancel this Policy and d. providing any notice required under this Policy. F. Economic and Trade Sanctions This Policy does not provide coverage for an Insured transaction or that part of loss that is uninsurable under the laws or regulations of the United States concerning trade or economic sanctions. G. Entire Contract By acceptance of this Policy the Insureds agree that this Policy including all endorsements to this Policy constitute the entire contract existing between the parties relating to this insurance. H. Estates Legal Representatives and Spouses The estates heirs legal representatives and spouses of any natural person Insured shall also be insured under this Policy provided however coverage is afforded to such estates heirs legal representatives and spouses only for claims arising solely out of their capacity or status as such and in the case of a spouse where such claim seeks damages from marital community property jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act error or omission of an estate heir legal representative or spouse outside the scope of such person s capacity or status as such provided however that this sentence does not apply to the spouse of 1. a sole proprietorship Named Insured or Form No CNA75504XX 03 2015 Policy No CUE 6050490303 Policy Page 18 of 32 Policy Effective Date 12312018 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 33 of 54 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Po 2. members or partners of joint venture or partnership Named Insureds. Examination of the Named Insured s Books and Records The Insurer may examine and audit the Named Insured s books and records as they relate to this Policy at any time during the policy period and up to 3 years afterward. J. Financial Impairment Bankruptcy rehabilitation receivership liquidation or other financial impairment of the Named Insured or an underlying insurer shall neither relieve nor increase any of the Insurer s obligations under this Policy. In the event there is diminished recovery or no recovery available to the Named Insured as a result of financial impairment of an underlying insurer the coverage under this Policy shall apply only in excess of the underlying limits. Under no circumstances shall the Insurer be required to drop down and replace the underlying limits or assume the obligations of the Named Insured or the financially impaired insurer. K. Headings The description in the headings and subheadings of this Policy is solely for convenience and forms no part of the terms and conditions of coverage. L. Inspections and Surveys The Insurer has the right but is not obligated to 1. make inspections and surveys at any time 2. give the Named Insured reports on the conditions it finds 3. recommend changes or 4. conduct loss control and prevention activity. Any inspections surveys reports or recommendations relate only to insurability and the premiums to be charged. The Insurer does not 1. make safety inspections 2. undertake to perform the duty of any organization to provide for the health or safety of workers or the public nor 3. warrant that conditions are safe or healthful or comply with laws regulations codes or standards. This provision applies not only to the Insurer but also to any rating advisory rate service or similar organization which makes insurance inspections surveys recommendations reports or gives loss control or prevention advice on its behalf.. Legal Action Limitation No person or organization has a right under this Policy 1. to join the Insurer as a party or otherwise bring the Insurer into a suit asking for damages from an Insured or 2. to sue Insurer on this Policy unless all of its terms have been fully complied with. A person or organization may sue the Insurer to recover on an agreed settlement or on a final judgment against an Insured but the Insurer 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 the Insurer the Insured and the claimant or the claimant s legal representative. CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 6050490303 Policy Page 19 of 32 Policy Effective Date 12312018 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 34 of 54 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy N. Maintenance of Underlying Insurance Solely with respect to Coverage A Excess Follow Form Liability while this Policy is in force the First Named Insured agrees that the underlying insurance and renewals and replacements thereof shall be maintained without alterations of terms or conditions in full effect during the term of this Policy except for reduction or exhaustion of the limits of insurance in the underlying insurance provided that such reduction or exhaustion is solely the result of incidents covered under this Policy. If the First Named Insured fails to maintain underlying insurance this condition shall not invalidate this Policy. However in the event of such failure the Insurer will only be liable to the same extent as if such underlying insurance was in full force and effect without alteration of its terms and conditions. 0. Notice of Claims Crisis Management Event Covered Accident 1. 2. Solely with respect to Coverage A Excess Follow Form Liability if any underlying insurance is a policy issued by the Insurer or any of its affiliates then notice of any claim under such underlying insurance is notice to the Insurer under this Policy. It is a condition precedent to coverage under this Policy that subject to paragraph b. below the Insured notify the Insurer as soon as practicable of an incident which an Insured believes may result in a claim. To the extent possible notice should include i. how when and where the incident took place the names and addresses of any injured persons and witnesses and the nature and location of any injury or damage arising out of the incident. Insured notify the Insurer as soon as practicable of an incident if it involves i. ademand against the Insured which exceeds 50 of any remaining applicable underlying limit ii. any underlying insurance reserve or monetary exposure exceeding 500000 or iii. any of the following a brain damage including but not limited to any neurological impairment of infants or adults and coma b c d e death. if a claim is made against any Insured the Named Insured spinal cord injury including but not limited to paraplegia or quadriplegia loss of any organ severe disfigurement including but not limited to burns and amputations or i. will immediately record the specifics of the claim and the date received and notify the Insurer of such claim ii. will immediately send the Insurer copies of any demands notices summonses or legal papers received in connection with the claim ii. will authorize the Insurer to obtain records and other information iv. will cooperate with the Insurer in the investigation or settlement of the claim or defense against the suit will assist the Insurer upon its request in the enforcement of any right against any person CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 6050490303 Policy Page 20 of 32 Policy Effective Date 12312018 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 35 of 54 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy or organization which may be liable to the Insured because of injury or damage to which this insurance may also apply and vi. will not voluntarily make a payment except at its own cost assume any obligation or incur any expense other than for first aid without the Insurer s prior consent. 3. Cooperation With respect to both Coverage A Excess Follow Form Liability and Coverage B Umbrella Liability the Named Insured will cooperate with the Insurer in addressing all claims required to be reported to the Insurer in accordance with this paragraph 0. Notice of Claims Crisis Management Event Covered Accident and refuse except solely at its own cost to voluntarily without the Insurer s approval make any payment admit liability assume any obligation or incur any expense related thereto. P. Notices Any notices required to be given by an Insured shall be submitted in writing to the Insurer at the address set forth in the Declarations of this Policy. Q. Other Insurance If the Insured is entitled to be indemnified or otherwise insured in whole or in part for any damages or defense costs by any valid and collectible other insurance for which the Insured otherwise would have been indemnified or otherwise insured in whole or in part by this Policy the limits of insurance specified in the Declarations of this Policy shall apply in excess of and shall not contribute to a claim incident or such event covered by such other insurance. With respect to Coverage A Excess Follow Form Liability only if a. the Named Insured has agreed in writing in a contract or agreement with a person or entity that this insurance would be primary and would not seek contribution from any other insurance available b. Underlying Insurance includes that person or entity as an additional insured and c. Underlying Insurance provides coverage on a primary and noncontributory basis as respects that person or entity then this insurance is primary to and will not seek contribution from any insurance policy where that person or entity is a named insured. R. Premium All premium charges under this Policy will be computed according to the Insurer s rules and rating plans that apply at the inception of the current policy period. Premium charges may be paid to the Insurer or its authorized representative. S. In Rem Actions A quasi in rem action against any vessel owned or operated by or for a Named Insured or chartered by or for a Named Insured will be treated in the same manner as though the action were in personam against the Named Insured. T. Separation of Insureds Except with respect to the limits of insurance and any rights or duties specifically assigned in this Policy to the First Named Insured this insurance applies 1. as if each Named Insured were the only Named Insured and 2. separately to each Insured against whom a claim is made. U. Transfeof Interest Form No CNA75504XX 03 2015 Policy No CUE 6050490303 Policy Page 21 of 32 Policy Effective Date 12312018 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 36 of 54 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy Assignment of interest under this policy shall not bind the Insurer unless its consent is endorsed hereon. V. Unintentional Omission Based on Insurer s reliance on the Named Insured s representations as to existing hazards if the Named Insured should unintentionally fail to disclose all such hazards at the effective date of this Policy the Insurer will not deny coverage under this Policy because of such failure. W. Waiver of Rights of Recovery The Insurer waives any right of recovery it may have against any person or organization because of payments the Insurer makes under this Policy if the Named Insured has agreed in writing to waive such rights of recovery in a contract or agreement and only if the contract or agreement 1. is in effect or becomes effective during the policy period and 2. was executed prior to loss. VII. DEFINITIONS For purposes of this Policy words in bold face type whether expressed in the singular or the plural have the meaning set forth below. Advertisement means a notice that is broadcast or published to the general public or specific market segments about the Named Insured s goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition A. notices that are published include material placed on the Internet or on similar electronic means of communication and B. regarding web sites only that part of a web site that is about the Named Insured s goods products or services for the purposes of attracting customers or supporters is considered an advertisement. Aircraft means any machine or device that is capable of atmospheric flight. Arbitration proceeding means a formal alternative dispute resolution proceeding or administrative hearing to which an Insured is required to submit by statute or court rule or to which an Insured has submitted with the Insurer s consent. Asbestos means the mineral in any form whether or not the asbestos was at any time airborne as a fiber particle or dust contained in or formed a part of a product structure or other real or personal property carried on clothing inhaled or ingested or transmitted by any other means. Authorized Insured means any executive officer member of the Named Insured s risk management or in house general counsel s office or any employee authorized by the Named Insured to give or receive notice of a claim. Auto means A. aland motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or B. any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. However auto does not include mobile equipment. Bodily injury means bodily injury sickness or disease sustained by a person including death humiliation shock mental anguish or mental injury sustained by that person at any time which results as a consequence of the bodily injury sickness or disease. Claim means a A. suit or Form No CNA75504XX 03 2015 Policy No CUE 6050490303 Policy Page 22 of 32 Policy Effective Date 12312018 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 37 of 54 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy B. written or oral demand for damages alleging injury to which this insurance applies. Coverage territory means A. the United States of America including its territories and possessions Puerto Rico and Canada B. international waters or airspace but only if the injury or damage occurs in the course of travel or transportation between any places included in paragraph A. above or C. all other parts of the world if the injury or damage arises out of 1. goods or products made or sold by the Named Insured in the territory described in paragraph A. above 2. the activities of a natural person whose home is in the territory described in paragraph A. above but is away for a short time on the Named Insured s business or 3. an offense that take place through the Internet or similar electronic means of communication provided that the Insured s responsibility to pay damages is determined in a suit on the merits in the territory described in paragraph A. above or in a settlement the Insurer agrees to. Covered accident means a sudden and unexpected event which solely and independently of any other cause results in the key employee s death or permanent disability within one year after the date of the sudden event. Crisis management event means an event that an executive officer reasonably believes has resulted or may result in significant adverse regional or national media coverage and a claim for A. bodily injury property damage or any of the following personal and advertising injury offenses 1. false arrest detention or imprisonment 2. malicious prosecution or abuse of process or 3. wrongful eviction from wrongful entry into or the invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor and B. damages to which this insurance applies that are in excess of any applicable 1. underlying limits or 2. retained amount. Crisis management expenses means crisis management public relations expenses and crisis management other expenses provided however crisis management expenses do not include any of the following A. salary wages or benefits of the Named Insured or the Named Insured s employees B. loss of business income C. costs to acquire repair or replace real or personal property or D. expense to hire a public adjuster or appraiser or any other claim adjustment expenses incurred by a Named Insured. Crisis management public relations expenses means reasonable and necessary expenses incurred in connection with a crisis management event by the Named Insured to hire a crisis management firm B. to set up call centers or similar inquiry management system to manage inquiries from or to directly contact individuals or entities that may be directly impacted by such crisis management event to create and deliver notification letters to contact individuals or entities that may be directly impacted CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 6050490303 Policy Page 23 of 32 Policy Effective Date 12312018 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 38 of 54 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy by the crisis management event or D. other related miscellaneous expenses. Crisis management other expenses means reasonable and necessary expenses incurred in connection with a management event by the Named Insured A. to pay medical expenses funeral expenses psychological counseling expenses travel expenses and temporary living expenses of a third party who incurs bodily injury or a family member of such third party by reason of such crisis management event B. for travel expenses incurred by or on behalf of Insureds and at the direction of the crisis management firm C. to secure the scene of a crisis management event and D. other related miscellaneous expenses. Crisis management firm means a public relations firm law firm or crisis management firm approved by the Insurer to provide media management services and to respond to actual or anticipated adverse publicity arising out of a crisis management event or covered accident. Damages means the amount an Insured is legally obligated to pay either through A. final adjudication of a claim or B. through compromise or settlement of a claim with the Insurer s written consent or direction because of covered incidents. In addition damages includes the above mentioned sums only after deducting all other recoveries and salvages. However damages does not include 1. civil or criminal fines sanctions penalties or forfeitures whether pursuant to law statute regulation or court rule 2. injunctive or declaratory relief 3. any amount that is not insurable under any applicable law or 4. plaintiff s attorney fees associated with any of the above. Notwithstanding paragraph 3. above damages shall include subject always to this Policy s other terms conditions and limitations punitive and exemplary damages the enforceability of which shall be governed by such applicable law that most favors coverage for damages. Defense costs mean A reasonable and necessary fees costs and expenses incurred by the Insurer or consented to by the Insurer and incurred by the Named Insured in the defense or appeal of a covered suit or in the investigation of any covered claim and includes premium for appeal bonds arising out of a covered judgment attachment bonds or similar bonds but only for bond amounts up to the applicable limit of insurance. In addition the Insurer will pay up to 250 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which bodily injury coverage applies. The Insurer has no obligation to provide such bonds. B. prejudgment interest awarded against an Insured on that part of a judgment covered by this policy. If the Insurer makes an offer to pay the applicable limit of insurance the Insurer will not pay any prejudgment interest based on that period of time after the offer. post judgment interest which accrues after entry of judgment but before the Insurer has paid or offered to pay or deposited in court that part of the judgment which is within the limit of insurance of this Policy. The amount of interest the Insurer pays will be in direct proportion to the amount of damages Form No CNA75504XX 03 2015 Policy No CUE 6050490303 Policy Page 24 of 32 Policy Effective Date 12312018 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 39 of 54 Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy the Insurer pays in relation to the total amount of the judgment. D. all reasonable expenses incurred by a natural person Insured at the Insurer s request to assist the Insurer in the investigation or defense of the claim. This includes such Insured s actual loss of earnings up to 750 per day because of time off from work. E. all court costs taxed against the Insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the Insured. 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. Employee includes leased workers or employees loaned to the Insured. Temporary workers are not employees. Executive Officer means any natural person holding any of the following positions created by the Named Insured s charter constitution bylaws or any other similar governing document A. director officer trustee or governor of a corporation management committee member of a joint venture partner of a partnership manager of a limited liability company and moow trustee of a trust. An executive officer is not an employee. First Named Insured means the person or organization first listed as a Named Insured in the Declarations of this Policy. Fungi means any form of fungus including but not limited to yeast mold mildew rust smut or mushroom and including any spores mycotoxins odors or any other substances products or byproducts produced by released by or arising out of the current or past presence of fungi. However fungi does not include any fungi intended by the Insured for human consumption. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. Impaired property means tangible property other than your product or your work that can not be used or is less useful because A. it incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or B. the Named Insured has failed to fulfill the terms of a contract or agreement if such property can be restored to use by the repair replacement adjustment or removal of your product or your work or the Named Insured s fulfilling the terms of the contract or agreement. Incident means A. with respect to Coverage A Excess Follow Form Liability a covered event as defined in applicable underlying insurance ity 1. with respect to bodily injury and property damage incident means an occurrence or B. solely with respect to Coverage B Umbrella Lial C. 2. with respect to personal and advertising injury incident means an offense that gives rise to such personal and advertising injury. CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 6050490303 Policy Page 25 of 32 Policy Effective Date 12312018 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 40 of 54 Copyright CNA All Rights Reserved. | 1 |
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