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CNA CNA Paramount Excess and Umbrella Liability Policy Insured means any person or organization set forth in the section entitled WHO IS AN INSURED. Insured contract means A. a contract for a lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to the Namedinsured or temporarily occupied by the Named Insured with permission of the owner is not an insured contract B. a sidetrack agreement an easement or license agreement except in connection with construction or demolition operations on or within 50 feet of a railroad D. an obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality E. an elevator maintenance agreement or the part of any other contract or agreement pertaining to its business including an indemnification of a municipality in connection with work performed for a municipality under which the Named Insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization provided the bodily injury or property damage is caused in whole or in part by the Named Insured or by those acting on its behalf. However such part of a contract or agreement shall only be considered an insured contract to the extent the Named Insured s assumption of the tort liability is permitted by law. Tort liability means liability that would be imposed by law in the absence of contracts or agreements. This paragraph F. does not include that part of a contract or agreement 1. that indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing 2. that indemnifies an architect engineer or surveyor for bodil of ury or property damage arising out a preparing approving or failing to prepare or 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 bodily injury or property damage 3 under which an Insured if an architect engineer or surveyor assumes liability for bodily injury or property damage arising out of such Insured s rendering or failure to render professional services including those listed in paragraph 2. above and supervisory inspection architectural or engineering activities or 4. that indemnifies a person or organization for damage by fire to premises rented to or loaned to an Insured. Key employee means any of the following officer and employment positions A. Chief Executive Officer Chief Operating Officer Chief Financial Officer Corporate Secretary Treasurer mmoow Executive Vice President and Form No CNA75504XX 03 2015 Policy No CUE 6050490303 Policy Page 26 of 32 Policy Effective Date 12312018 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 41 of 54 Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy G. Risk Manager Key employee also means anyone added as such by endorsement to the Policy. Key employee replacement expenses means the actual and necessary expenses incurred by the Named Insured A. to continue the performance of the key employee s normal job responsibilities with comparable quality while a permanent replacement for the key employee is being sought appointed or hired and trained. to find a qualified permanent replacement to fill the key employee s position 1. costs of advertising the employment position opening 2. travel lodging meal and entertainment expenses incurred in interviewing job applicants for the employment position opening and 3. miscellaneous extra expenses incurred in finding interviewing and negotiating with the job applicants including but not limited to overtime pay costs to verify the background and references of the job applicants and legal expenses incurred to draw up employment contracts. to minimize the amount of key employee replacement expenses but only to the extent the amount of key employee replacement expenses otherwise payable under paragraphs 1. and 2. above are reduced. to relocate the replacement employee to an area within a reasonable commute from their place of employment. to pay the following reasonable and necessary expenses incurred in connection with the death or permanent disability of any key employee 1. to hire a crisis management firm. 2. to create and deliver notification letters to contact individuals or entities that may be directly impacted by the key employee covered accident or 3. other related miscellaneous expenses Key employee replacement expenses also include first year amounts of the replacement employee s 1. annual base starting salary 2. employee perquisite costs and 3. employee benefit costs in excess of the amounts which would have been incurred for the key employee if the Named Insured had not lost the services of the key employee. However the Insurer will not pay more for these expenses than 10 of the amounts which would have been incurred for the key employee. Key employee replacement expenses do not include the following a. any expenses which would have been incurred by the Named Insured for the key employee if the Named Insured had not lost the services of the key employee b. any key employee replacement expenses that are paid for by any other insurance c. except as provided in paragraph F. above salary wages or benefits of the Named Insured the Named Insured s employees the Named Insured s temporary workers or volunteer workers d. costs to acquire repair or replace real or personal property e. the Named Insured s loss of business income f. expenses incurred by or on behalf of the Named Insured to hire a public adjuster or appraiser or any other claim adjustment expenses incurred by the Named Insured and CNA Paramount Excess and Umbrella Liability Form No CNA75504XX 03 2015 Policy No CUE 6050490303 Policy Page 27 of 32 Policy Effective Date 12312018 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 42 of 54 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy g. expenses incurred by or on behalf of the Named Insured due to bodily injury property damage or personal and advertising injury. Leased worker means a person leased to the Named Insured by a labor leasing firm under an agreement between the Named Insured and such labor leasing firm to perform duties related to the conduct of the Named Insured s business. Leased worker does not include a temporary worker. Loading or unloading means the handling of property A. after it is moved from the place where it is accepted for movement into or onto an aircraft watercraft or auto B. while it is in or on an aircraft watercraft or auto or C. while it is being moved from an aircraft watercraft or auto to the place where it is finally delivered. However 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. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment A. bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads B. vehicles maintained for use solely on or next to premises the Named Insured owns or rents C. vehicles that travel on crawler treads D. vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1. power cranes shovels loaders diggers or drills or 2. road construction or resurfacing equipment such as graders scrapers or rollers E. vehicles not described in A. B. C. or D. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1. air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2. cherry pickers and similar devices used to raise or lower workers and F. vehicles not described in A. B. C. or D. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but will be considered autos 1. equipment designed primarily for a. snow removal b. road maintenance but not construction or resurfacing or c. street cleaning 2. cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers and 3. air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are Form No CNA75504XX 03 2015 Policy No CUE 6050490303 Policy Page 28 of 32 Policy Effective Date 12312018 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 43 of 54 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy considered autos. Named Insured means the persons or organizations named as such in the Declarations of this Policy. Nuclear facility means A. any nuclear reactor B. 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 nuclear waste C. any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of any Insured at the premises where such equipment is located consists of or contains more than 1. 25 grams of plutonium or uranium 233 or any combination thereof or 2. 250 grams of uranium 235 and D. any structure basin excavation premises or place prepared or used for the storage or disposal of nuclear waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. Nuclear material means source material special nuclear material or by product material as these terms are defined in the Atomic Energy Act of 1954 or in any law amendatory thereof. Nuclear reactor means an apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Nuclear Waste means waste material A containing by product material other than the tailings or waste produced by the extraction or concentration of uranium or thorium from ore processed primarily for its source material as defined in the Atomic Energy Act of 1954 or in any law amendatory thereof content and B. resulting from the operation by any person or organization of a nuclear facility included within paragraphs A. and B. of the definition of nuclear facility. Occurrence means an accident including continuous or repeated exposure to substantially the same general harmful conditions. Other insurance means any A. valid and collectible policy of insurance B. self insurance or C. indemnity agreement by which an Insured arranges for funding or transferring its liabilities that provides coverage that this Policy also provides. Other insurance does not include underlying insurance or any policy that was bought specifically to apply in excess of the limits of insurance shown in the Declarations of this Policy. Other organic pathogens means any organic irritant or contaminant other than fungi including but not limited to bacteria microbes and viruses whether or not a microorganism that cause infection and disease. Other organic pathogens includes any spores mycotoxins odors variants mutations or any other substances products or byproducts produced by released by or arising out of the current or past presence of such Form No CNA75504XX 03 2015 Policy No CUE 6050490303 Policy Page 29 of 32 Policy Effective Date 12312018 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 44 of 54 Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy pathogens and any colony or group of the foregoing. However other organic pathogens does not mean pathogens that were transmitted directly from person to person. Permanent disability means permanent physical inability or mental inability due to a permanent physical inability of the key employee to perform the normal duties of the applicable position for which the individual qualifies as a key employee. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses A. false arrest detention or imprisonment B. malicious prosecution or abuse of process C. 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 D. 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 E. oral or written publication in any manner of material that violates a person s right of privacy F. the use of another s advertising idea in the Named Insured s advertisement or G. infringing upon another s copyright trade dress or slogan in the Named Insured s advertisement. Policy period means the time from 12.01 A.M. on the effective date of this Policy as set forth in the Declarations of this Policy to the earlier of 12.01 A.M. of the expiration termination or cancellation date of this Policy. Pollutants mean any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes medical waste and materials to be recycled reconditioned or reclaimed. Products completed operations hazard means bodily injury or property damage occurring away from premises the Named Insured owns or rents and arising out of your product or your work except A. products that are still in the Named Insured s 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 1. when all of the work called for in the Named Insured s contract has been completed 2. when all of the work to be done at the job site has been completed if the Named Insured s contract calls for work at more than one job site or 3. when that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. However products completed operations hazard does not include bodily injury or property damage arising out of A. the transportation of property unless bodily injury or property damage arises out of a condition in or on a vehicle not owned or operated by the Named Insured 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 or Form No CNA75504XX 03 2015 Policy No CUE 6050490303 Policy Page 30 of 32 Policy Effective Date 12312018 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 45 of 54 Copyright CNA All Rights Reserved. CNA Paramount Excess and Umbrella Liability | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy C. products or operations for which the underlying insurer states that products completed operations are subject to the General Aggregate Limit. Property damage means A. physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or B. loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the incident that caused it. However electronic data is not tangible property. Retained amount means the self insured retention as set forth on the Declarations of this Policy or the amount payable by other insurance whichever is greater. Silica means the chemical compound silicon dioxide SiO2 in any form including dust which contains silicon dioxide. Spouse means any husband wife or partner in a marriage or civil union or any person qualifying as a domestic partner under any federal state or local laws or under the Named Insured s employee benefit plans or employee benefits program. Sub limit means a limit that is lower than the underlying limits. Suit means a civil proceeding in which damages because of injury or damage to which this insurance applies are alleged including A. an arbitration proceeding alleging such damages or B. any other alternative dispute resolution proceeding in which such damages are claimed and to which the Insured submits with the Insurer s consent. Temporary worker means a worker who is furnished to the Named Insured to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Underlying insurance means policies of insurance listed in the Schedule of Underlying Insurance including renewal or replacement of such insurance which is neither more restrictive nor more broad than that listed in the aforementioned Schedule of Underlying Insurance. Underlying insurer means the insurer providing the underlying insurance. It does not include any insurer whose policies were purchased specifically to be in excess of this policy. Underlying limits means the limits of insurance as set forth in the Schedule of Underlying Insurance. Volunteer worker means a person who is not an employee and who donates his or her work and acts at the direction of or within the scope of duties determined by the Named Insured and is not paid a fee salary or other compensation by the Named Insured or anyone else for their work performed for the Insured. Your product means A. means 1. any goods or products other than real property manufactured sold handled distributed or disposed of by a. the Named Insured b. others trading under the Named Insured s name or c. a person or organization whose business or assets the Named Insured has acquired and 2. containers other than vehicles materials parts or equipment furnished in connection with such goods or products. Form No CNA75504XX 03 2015 Policy No CUE 6050490303 Policy Page 31 of 32 Policy Effective Date 12312018 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 46 of 54 Copyright CNA All Rights Reserved. | 1 |
CNA CNA Paramount Excess and Umbrella Liability Policy B. includes 1. warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and 2. The providing of or failure to provide warnings or instructions. C. does not include vending machines or other property rented to or located for the use of others but not sold. Your work A. means 1. work or operations performed by the Named Insured or on its behalf and 2. materials parts or equipment furnished in connection with such work or operations. B. Includes 1. warranties or representations made with respect to the fitness quality durability performance or use of your work and 2. the providing of or failure to provide warnings or instructions. CNA Paramount Excess and Umbrella Liability IN WITNESS WHEREOQF the Insurer has caused this Policy to be signed by the Insurer s Chairman and Secretary but this Policy shall not be binding upon the Insurer unless completed by the attachment of the Declarations of this Policy and signed by the Insurer s duly authorized representative if required. Chairman of the Board Secretary 7 Secretary Form No CNA75504XX 03 2015 Policy No CUE 6050490303 Policy Page 32 of 32 Policy Effective Date 12312018 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Policy Page 47 of 54 Copyright CNA All Rights Reserved. | 1 |
cNA CNA Paramount Excess and Umbrella Liability Policy Endorsement I CANCELLATION AND N RENEWAL ENDORSEMEN CALIFORN Wherever used in this endorsement 1 Insurer means we us our or the Company as those terms may be defined in the policy and 2 Named Insured means the first person or entity named on the declarations page and 3 Insureds means all persons or entities afforded coverage under the policy. Any cancellation non renewal or termination provisions in the policy are deleted in their entirety and replaced with the following CANCELLATION AND NON RENEWAL I. CANCELLATION A. The Named Insured may cancel the policy at any time. To do so the Named Insured must return the policy to the Insurer or any of its authorized representatives indicating the effective date of cancellation or provide a written notice to the Insurer stating when the cancellation is to be effective. B. If the policy has been in effect for less than sixty 60 days and is not a renewal the Insurer may cancel the policy for any reason by mailing or delivering written notice to the Named Insured at the last mailing address known to the Insurer and the producer of record. The notice of cancellation will be provided at least sixty 60 days prior to the effective date of cancellation except that in the case of cancellation for nonpayment of premiums the notice will be given no less than ten 10 days prior to the effective date of the cancellation. C. If the policy has been in effect for more than sixty 60 days or if it is a renewal effective immediately the Insurer may not cancel the policy unless such cancellation is based on one or more of the following reasons 1. Nonpayment of premium including payment due on a prior policy issued by the Insurer and due during the current policy term covering the same risks. 2. A judgment by a court or an administrative tribunal that the Named Insured has violated any law of this state or of the United States having as one of its necessary elements an act which materially increases any of the risks insured against. 3. Discovery of fraud or material misrepresentation by either of the following a. The Named Insured or Insureds or a representative of same in obtaining the insurance or b. The Named Insured or his or her representative in pursuing a claim under the policy. 4. Discovery of willful or grossly negligent acts or omissions or of any violations of state laws or regulations establishing safety standards by the Named Insured or Insureds or a representative of same which materially increase any of the risks insured against. 5. Failure by the Named Insured or Insureds or a representative of same to implement reasonable loss control requirements which were agreed to by the Named Insured as a condition of policy issuance or which were conditions precedent to the use by the Insurer of a particular rate or rating plan if the failure materially increases any of the risks insured against. 6. A determination by the commissioner that the loss of or changes in the Insurer s reinsurance covering all or part of the risk would threaten the financial integrity or solvency of the Insurer. 7. A determination by the commissioner that a continuation of the policy coverage would place the Insurer in violation of the laws of this state or the state of its domicile or that the continuation of coverage would threaten the solvency of the Insurer. Form No CNA62814CA 09 2012 Policy No CUE 6050490303 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 12312018 Endorsement No 2 Page 1 of 4 Policy Page 48 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 Policy Endorsement F. 8. A change by the Named Insured or Insureds or a representative of same in the activities or property of the commercial or industrial enterprise which results in a material added risk a materially increased risk or a materially changed risk unless the added increased or changed risk is included in the policy. A notice of cancellation will be in writing and will be delivered or mailed to the Named Insured at the last mailing address known to the Insurer and the producer of record at least sixty 60 days prior to the effective date of cancellation. Where cancellation is for nonpayment of premium notice shall be given no less than ten 10 days prior to the effective date of cancellation. The notice will state the actual reason for the cancellation. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. If notice is mailed proof of mailing will be sufficient proof of notice. PREMIUM REFUND If this policy is cancelled the Insurer will send the Named Insured any premium refund due. If the Insurer cancels the refund will be pro rata. If the Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if the Insurer has not made or offered a refund. NON RENEWAL A. The Insurer can non renew the policy by giving written notice to the Named Insured at the last mailing address known to the Insurer and the producer of record at least sixty 60 days but not more than one hundred twenty 120 days before the expiration date. The notice of non renewal will state the actual reason for non renewal. If notice is mailed proof of mailing will be sufficient proof of notice. A notice of non renewal will not be required in any of the following situations 1. The transfer of or renewal of a policy without change in its terms or conditions or the rate on which the premium is based between insurers that are members of the same insurance group. 2. The policy has been extended for ninety 90 days or less if the notice required has been given prior to the extension. 3. The Named Insured has obtained replacement coverage or has agreed in writing within sixty 60 days of the termination of the policy to obtain that coverage. 4. The policy is for a period of no more than sixty 60 days and the Named Insured is notified at the time of issuance that it may not be renewed. 5. The Named Insured requests a change in the terms or conditions or risks covered by the policy within sixty 60 days prior to the end of the policy period. 6. The Insurer has made a written offer to the Named Insured within the prescribed time period to renew the policy under changed terms or conditions or at a changed premium rate where the increase is more than 25. As used herein terms or conditions includes but is not limited to a reduction in limits elimination of coverages or an increase in deductibles. In the case of conditional renewal failure of the Named Insured to satisfy conditions provided by the Insurer for renewal by the expiration date of the policy or sixty 60 days after mailing or delivery of such notice whichever is later the conditional renewal shall be treated as an effective non renewal. Form No CNA62814CA 09 2012 Policy No CUE 6050490303 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 12312018 Endorsement No 2 Page 2 of 4 Policy Page 49 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 Policy Endorsement IV. CONDITIONAL RENEWAL A. If the policy has been in effect for more than sixty 60 days or if the policy is a renewal effective immediately no increase in premium reduction in limits or change in the conditions of coverage shall be effective during the policy period unless based upon one of the following reasons 1. Discovery of willful or grossly negligent acts or omissions or of any violations of state laws or regulations establishing safety standards by the Named Insured or Insureds which materially increase any of the risks or hazards insured against. Failure by the Named Insured or Insureds to implement reasonable loss control requirements which were agreed to by the Insured as a condition of policy issuance or which were conditions precedent to the use by the Insurer of a particular rate or rating plan if the failure materially increases any of the risks insured against. A determination by the commissioner that loss of or changes in an insurer s reinsurance covering all or part of the risk covered by the policy would threaten the financial integrity or solvency of the Insurer unless the change in the terms or conditions or rate upon which the premium is based is permitted. A change by the Named Insured or Insureds in the activities or property of the commercial or industrial enterprise which results in a materially added risk a materially increased risk or a materially changed risk unless the added increased or changed risk is included in the policy. A written notice will be mailed or delivered to the Named Insured at the last mailing address known to the Insurer and the producer of record at least sixty 60 days prior to the effective date of any increase reduction or change. C. The notice will state the effective date of and the reasons for the increase reduction or change D. A. If notice is mailed proof of mailing will be sufficient proof of notice. V. ADDITIONAL PROVISIONS If the Insurer is an associate participating insurer as established by Cal. Ins. Code Section 10089.16 solely with respect to coverage for real property used predominantly for residential purposes and consisting of not more than four dwelling units and to coverage on tenants household property contained in a residential unit 1. The Insurer shall not cancel or refuse to renew such coverage existing on the date the Insurer elected to become an associate participating insurer after an offer of earthquake coverage is accepted solely because the insured has accepted that offer of earthquake coverage and 2. The Insurer shall not cancel such coverage unless the policy is properly canceled pursuant to Paragraph 1. above and 3. The Insurer may refuse to renew a policy of residential property insurance after an offer of earthquake coverage has been accepted only if a. The policy is terminated by the Named Insured b. The policy is refused renewal on the basis of sound underwriting principles that relate to the coverages provided by the policy and that are consistent with the approved rating plan and related documents filed with the Department of Insurance as required by existing law c. The Commissioner of Insurance finds that the exposure to potential losses will threaten the solvency of the Insurer or place the Insurer in a hazardous condition. A hazardous condition includes but is not limited to a condition in which the Insurer makes claims payments for CNA Paramount Excess and Umbrella Liability Policy Endorsement Form No CNA62814CA 09 2012 Policy No CUE 6050490303 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 12312018 Endorsement No 2 Page 3 of 4 Policy Page 50 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 Policy Endorsement losses resulting from an earthquake that occurred within the preceding two years and that required a reduction in policyholder surplus of at least twenty five percent 25 for payment of those claims or d. The Insurer has lost or experienced a substantial reduction in the availability or scope of reinsurance coverage or a substantial increase in the premium charged for reinsurance coverage for its residential property insurance policies and the Commissioner of Insurance has approved a plan for the nonrenewals that is fair and equitable and that is responsive to the changes in the Insurer s reinsurance position. B. If this policy contains an exclusion barring coverage for the peril of corrosive soil conditions the Insurer shall not cancel or refuse to renew the policy solely because corrosive soil conditions exist on the location. 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 CNA62814CA 09 2012 Policy No CUE 6050490303 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 12312018 Endorsement No 2 Page 4 of 4 Policy Page 51 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 Policy Endorsement I This endorsement modifies insurance provided under the following PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY PARAMOUNT EXCESS LIABILITY POLICY It is understood and agreed as follows 1. In the event of cancellation of this coverage during the policy period for a reason other than nonpayment of premium the Insurer agrees to mail prior written notice of cancellation to SCHEDULE Number of Days Name Address Advanced Notice Suez Water Management and Services 461 From Road Ste 400 60 Inc. Paramus nj 07652 Number of Days Advanced Notice 60 Water Systems Consulting Inc. Water Systems Consulting Inc. 3765 S. Higuera Street Suite 102 San Luis Obispo CA 93401 City of Arlington Water Utilities Dept. Mail Stop 01 0200 Attn Ms. Jesse Allen P.E. P.0. Box 90231 Arlington TX 76004 3231 nan nan nan nan 60.0 nan nan nan nan 60.0 Il. If this Endorsement is attached to the PARAMOUNT EXCESS LIABILITY POLICY then the bolded term policy period is deleted in its entirety and replaced with the term policy period. 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 CNA75525XX 03 2015 Policy No CUE 6050490303 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 12312018 Endorsement No 3 Page 1 of 1 Policy Page 52 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 Policy Endorsement I This endorsement modifies insurance provided under the following PARAMOUNT EXCESS AND UMBRELLA POLICY PARAMOUNT UMBRELLA LIABILITY POLICY It is understood and agreed that if this endorsement is attached to the A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY then under the section entitled WHO IS AN INSURED or B. PARAMOUNT UMBRELLA LIABILITY POLICY then under the section entitled WHO IS AN INSURED The following persons or organizations are Named Insured SCHEDULE Named Insured CAROLLO ENGINEERS INC. ENVIRONMENTAL MANAGEMENT SERVICES L.C. CAROLLO CONSTRUCTORS L.C. CAROLLO DESIGN BUILD GROUP ESTATE OF JOHN A. CAROLLO CAROLLO ENGINEERS P.C. CAROLLO DESIGN BUILD GROUP FLORIDA CDB GROUP 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 CNA75597XX 03 2015 Policy No CUE 6050490303 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 12312018 Endorsement No 4 Page 1 of 1 Policy Page 53 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 Policy Endorsement I INDERLYING INSURANCE COVERAGE LIMITATION ENDORSEMENT This endorsement modifies insurance provided under the following PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY PARAMOUNT UMBRELLA LIABILITY POLICY It is understood and agreed as follows If this endorsement is attached to the A. PARAMOUNT EXCESS AND UMBRELLA LIABILITY POLICY then under EXCLUSIONS the section entitled Coverage B Umbrella Liability Coverage Exclusions or B. PARAMOUNT UMBRELLA LIABILITY POLICY then under EXCLUSIONS the section entitled Coverage A Umbrella Liability Exclusions it is amended with the addition of the following new exclusion Underlying Insurance Coverage Limitation Notwithstanding anything to the contrary this policy does not provide broader coverage than that which is provided by any underlying insurance. In the event of any difference between a. exclusions restrictions limiting terms or conditions in this policy and b. exclusions restrictions limiting terms or conditions in the underlying insurance addressing the same general risk or hazard then the more restrictive provision shall apply. 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 CNA76492XX 03 2015 Policy No CUE 6050490303 Endorsement Effective Date Endorsement Expiration Date Policy Effective Date 12312018 Endorsement No 5 Page 1 of 1 Policy Page 54 of 54 Underwriting Company The Continental Insurance Company 151 N Franklin St Chicago IL 60606 Copyright CNA All Rights Reserved. | 2 |
POLICYHOLDER NOTICE Thank you for purchasing insurance from a member company of American International Group Inc. AIG. The AIG member companies generally pay compensation to brokers and independent agents and may have paid compensation in connection with your policy. You can review and obtain information about the nature and range of compensation paid by AIG member companies to brokers and independent agents in the United States by visiting our website at www.aig.comproducercompensation or by calling 1 800 706 3102. 91222 413 | 2 |
AlIG Excess Casualty Value Added Policyholder Advantages At AIG it is our ongoing commitment to deliver innovative and value enriching solutions alongside our insurance coverage to help you better address your risk management challenges. As an Excess Casualty policyholder do nt forget to take advantage of the following enhancements and services available to you free of charge W x CrisisResponse CrisisResponse is a crisis management enhancement built in to our commercial umbrella policies providing professional support including a 24 hour hotline with access to claims specialists and immediate first dollar coverage outside of the umbrella limit in the event of a catastrophic casualty crisis. Up to 250000 of additional policy limits to cover urgent crisis management costs Did you know... ad e such as temporary living travel counseling medical and funeral expenses Since the inception of CrisisResponse AlG has An additional 50000 limit to retain the services of some of the nation s leading responded to over 440 public relations and crisis management firms reported incidents An optional coverage enhancement that amends the definition of CrisisResponse helping policyholders costs to include expenses incurred by the recall inspection or disposal of a product during their time of crisis. that results in a crisis event Each day more than 10000 companies are utilizing the RiskTool Call the 24 hour toll free hotline to trigger CrisisResponse coverage 1 877 743 7669 System to better GLP RiskTool System understand manage and The RiskTool System is a comprehensive loss prevention and risk management solution reduce health and safety that allows users to identify analyze and manage their operational exposures. risk in their workplace. Designed exclusively for AIG this web based system provides a customizable platform to The Claims Archive is evidence of our unmatched claims Build and manage risk management programs such as safety policies and audits intelligence and the thousands of high limit liability claims we see Access extensive training resources and global risk information and manage on a yearly basis. Monitor and predict loss exposures with advanced analytics and reporting features Standardize loss control practices across an organization Visit httpwww.aig.comrisktool to activate your account Cl The Claims Archive is a comprehensive online database including hundreds of real world excess casualty claim scenarios. Searchable by liability or cause of loss industry or facility type these examples help facilitate assessment and benchmarking of liability insurance limits. Visit htt archive ims Archive Iwww.aig.comUSclaimsarchivesearch295195450.html to search the For more information please visit http excess.casualtyAIG.com. www.aig.com or contact us at AIG is a world leading property casualty and general insurance organization serving more than 70 million clients around the world. With one of the industry s most extensive ranges of products and services deep claims expertise and excellent financial strength AIG enables its commercial and personal insurance clients alike to manage virtually any risk with confidence. AIG is the marketing name for the worldwide property casualty and general insurance operations of AIG Property Casualty Inc. For additional information please visit our website at httpwww.aig.com. All products are written by insurance company subsidiaries or affiliates of AIG Property Casualty Inc. Coverage may not be available in all jurisdictions and is subject to actual policy language. Non insurance products and services may be provided by independent third parties. Certain coverage may be provided by a surplus lines insurer. Surplus lines insurers do not generally participate in state guaranty funds and insureds are therefore not protected by such funds 062210 AL 512 Did you know... Since the inception of CrisisResponse AIG has responded to over 440 reported incidents helping policyholders during their time of crisis. Each day more than 10000 companies are utilizing the RiskTool System to better understand manage and reduce health and safety risk in their workplace. The Claims Archive is evidence of our unmatched claims intelligence and the thousands of high limit liability claims we see and manage on a yearly basis. | 2 |
FORMS SCHEDULE Named Insured TRAYLOR PRECAST LLC Policy Number 26275176 Effective 1201 AM February 15 2016 Form Number Endt. No. Form Name Edition Date UMB PRIME DEC 80518 1109 POLICYHOLDER DISC NOTICE OF TERRORISM INS COVG 96556 0115 UMB PRIME JACKET 80517 1109 SCHEDULE OF UNDERLYING UNDSCH 0599 1 CRISISRESPONSE COVERAGE ENHANCEMENT ENDORSEMENT 94621 0507 2 VIOLATION OF ECONOMIC OR TRADE SANCTIONS COND. AM 99497 0608 3 Duties in the Event of an Occurrence Claim or Su 83687 0911 4 ACT OF TERRORISM SIR ENDORSEMENT 83049 0306 5 Economic Sanctions Endorsement 89644 0613 6 Indiana Amendatory Endorsement 52143 0812 7 Indiana Amendatory Endt Def. of Pollutants 116924 1013 8 AUTOMOBILE LIABILITY FOLLOW FORM ENDORSEMENT 80398 0702 9 General Liability Limitation Endorsement 87043 0512 10 CONTINUING PROGRESSIVELY DETER. DAMAGES 83126 1003 1 CONTRACTORS LIMITATION ENDT. 86452 0804 12 CROSS SUITS EXCLUSION PRIME 80411 0104 13 EIFS EXCLUSION 80423 0903 14 EMP.LIAB.STOP GAPLMT.ENDT 82616 0506 15 FOREIGN LIABILITY EXCLUSION 80431 0702 16 FUNGUS EXCLUSION ENDT 82449 0603 17 LEAD EXCLUSION ENDORSEMENT 86471 0206 18 SILICA EXCLUSION ENDT 80479 0203 19 SUBSIDENCE EXCLUSION 80488 0702 20 TOTAL POLLUTION EXCLUSION 80514 0702 OND O A WN CIFMSC Cl10226 | 2 |
Umbrella Prime Commercial Umbrella Liability Policy With CrisisResponse DECLARATIONS The company issuing this policy is indicated by an X in the box to the left of the company s name. AIG Property Casualty Company American Home Assurance Company National Union Fire Insurance Company of Pitisburgh Pa. AIG Assurance Company Granite State Insurance Company llinois National Insurance Company New Hampshire Insurance Company X Commerce Industry Insurance Company The Insurance Company of the State of Pennsylvania each of the above being a capital stock company Administrative Mailing Address 175 Water Street New York NY 10038 Telephone No. 212 458 5000 POLICY NUMBER ITEM 1. NAMED INSURED 26275176 RENEWAL OF 45650943 TRAYLOR PRECAST LLC MAILING ADDRESS 835 N.CONGRESS AVENUE ITEM 2. POLICY PERIOD FRO ITEM 3. LIMITS OF INSURANCE EVANSVILLE IN 47715 February 15 2016 TO February 15 2017 1 AM. standard time at the address of the Named Insured stated above. The Limits of Insurance subject to the terms of this policy are A B. 25000000 C. D E 25000000 25000000. 250000. 50000 Each Occurrence General Aggregate in accordance with Section IV. Limits of Insurance Products Completed Operations Aggregate in accordance with Section IV. Limits of Insurance CrisisResponse Sublimit of Insurance Excess Casualty CrisisFund Limit of Insurance ITEM 4. SCHEDULED UNDERLYING INSURANCE See Schedule of Underlying Insurance ITEM 5. SELF INSURED RETENTION 10000 Each Occurrence ITEM 6. PREMIUM AND PREMIUM COMPUTATION ESTIMATED TOTAL ANNUAL EXPOSURE NOT APPLICABLE RATES PER FLAT MINIMUM PREMIUM 149818.00 ADVANCE PREMIUM 149818.00 mpany o NOT APPLICABLE FLAT 149818.00 149818.00 ITEM 7. THIS POLICY INCLUDES THESE ENDORSEMENTS AT INCEPTION DATE SEE ATTACHED SCHEDULE PRODUCER NAME LOCKTON COMPANIES LLC ADDRESS 5500 WAYZATA BLVD SUITE 510 MINNEAPOLIS MN 55416 Authorized Representative or Date Countersignature Where Applicable Issue Date 030216 80518 1109 AH2698 | 2 |
POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE COVERAGE INCLUDED Coverage for acts of terrorism is included in your policy. You are hereby notified that under the Terrorism Risk Insurance Act as amended in 2015 the definition of act of terrorism has changed. As defined in Section 1021 of the Act The term act of terrorism means any act that is certified by the Secretary of the Treasury in consultation with the Secretary of Homeland Security and the Attorney General of the United States to be an act of terrorism to be a violent act or an act that is dangerous to human life property or infrastructure to have resulted in damage within the United States or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. Under your coverage any losses resulting from certified acts of terrorism may be partially reimbursed by the United States Government under a formula established by the Terrorism Risk Insurance Act as amended. However your policy may contain other exclusions which might affect your coverage such as an exclusion for nuclear events. Under the formula the United States Government generally reimburses 85 through 2015 84 beginning on January 1 2016 83 beginning on January 1 2017 82 beginning on January 1 2018 81 beginning on January 1 2019 and 80 beginning on January 1 2020 of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. The Terrorism Risk Insurance Act as amended contains a 100 billion cap that limits U.S. Government reimbursement as well as insurers liability for losses resulting from certified acts of terrorism when the amount of such losses exceeds 100 billion in any one calendar year. If the aggregate insured losses for all insurers exceed 100 billion your coverage may be reduced. The portion of your annual premium that is attributable to coverage for acts of terrorism is 1482.99 and does not include any charges for the portion of losses covered by the United States government under the Act. 96556 115 2015 National Association of Insurance Commissioners P NOTICE OF RE COVERAGE eauced. anaer e AL 6556 115 2015 National Association of Insurance Commissioners | 2 |
Umbrella Prime Commercial Umbrella Liability Policy With CrisisResponse Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the company providing this insurance. The word Insured means any person or organization qualifying as such under Section VII. Definitions. Except for headings words that appear in bold print have special meaning. See Section VII. Definitions. In consideration of the payment of the premium and in reliance upon the statements in the Declarations we agree to provide coverage as follows I. INSURING AGREEMENT COMMERCIAL UMBRELLA LIABILITY 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 by reason of liability imposed by law because of Bodily Injury Property Damage or Personal Injury and Advertising Injury to which this insurance applies or because of Bodily Injury or Property Damage to which this insurance applies assumed by the Insured under an Insured Contract. The amount we will pay for damages is limited as described in Section IV. Limits of Insurance. B. This policy applies only if 1. the Bodily Injury or Property Damage is caused by an Occurrence that takes place anywhere and the Bodily Injury or Property Damage occurs during the Policy Period and 2. the Personal Injury and Advertising Injury is caused by an Occurrence that takes place anywhere arising out of your business but only if the Occurrence was committed during the Policy Period. C. 1. This policy applies to Bodily Injury or Property Damage only if prior to the Policy Period no Insured listed under subparagraphs 2a. 2b. 2c. or 2e. of Paragraph M. of Section VII. no executive officer or director listed under subparagraph 2d. of Paragraph M. of Section VII. and no employee authorized by you to give or receive notice of an Occurrence claim or Suit knew that the Bodily Injury or Property Damage had occurred in whole or in part. If such an Insured or authorized employee knew prior to the Policy Period that the Bodily Injury or Property Damage had occurred then any continuation change or resumption of such Bodily Injury or Property Damage during or after the Policy Period will be deemed to have been known prior to the Policy Period. 2. 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 subparagraphs 2a. 2b. 2c. or 2e. of Paragraph M. of Section VII. any executive officer or director listed under subparagraph 2d. of Paragraph M. of Section VII. 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. D. Bodily Injury or Property Damage will be deemed to have been known to have occurred at the earliest time when any Insured listed under subparagraphs 2a. 2b. 2c. or 2e. of Paragraph M. of Section VII any executive officer or director listed under subparagraph 2d. of Paragraph M. of Section VII. or any employee who was authorized by you to give or receive notice of an Occurrence claim or Suit 80517 1109 Page 1 of 24 AH2709 2001 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 0 |
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. E. 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. F. If we are prevented by law or statute from paying damages covered by this policy on behalf of the Insured then we will indemnify the Insured for those sums in excess of the Retained Limit. 1l.INSURING AGREEMENT CRISISRESPONSE AND EXCESS CASUALTY CRISISFUND A. CrisisResponse We will advance CrisisResponse Costs directly to third parties on behalf of the Named Insured regardless of fault arising from a Crisis Management Event first commencing during the Policy Period up to the amount of the CrisisResponse Subl of Insurance. B. Excess Casualty CrisisFund We will pay Crisis Management Loss on behalf of the Named Insured arising from a Crisis Management Event first commencing during the Policy Period up to the amount of the Excess Casualty CrisisFund Limit of Insurance. C. A Crisis Management Event will first commence at the time during the Policy Period when a Key Executive first becomes aware of an Occurrence that gives rise to a Crisis Management Event and will end when we determine that a crisis no longer exists or when the CrisisResponse Sublimit of Insurance has been exhausted whichever occurs first. D. There will be no Retained Limit applicable to CrisisResponse Costs or Crisis Management Loss. E. Any advancement of Response Costs or payment of Crisis Management Loss that we make under the coverage provided by this Section II. will not be a determination of our obligations under this policy nor create any duty to defend any Suit under any other part of this policy. 1ll. DEFENSE PROVISIONS A. We will have the right and duty to defend any Suit against the Insured that seeks damages for Bodily Injury Property Damage or Personal Injury and Advertising Injury covered by this policy even if the Suit is groundless false or fraudulent when 1. the total applicable limits of Scheduled Underlying Insurance have been exhausted by payment of Loss to which this policy applies and the total applicable limits of Other Insurance have been exhausted or 2. the damages sought because of Bodily Injury Property Damage or Personal Injury and Advertising Injury would not be covered by Scheduled Underlying Insurance or any applicable Other Insurance even if the total applicable limits of either the Scheduled Underlying Insurance or any applicable Other Insurance had not been exhausted by the payment of Loss. If we are prevented by law or statute from assuming the obligations specified under this provision we will pay any expenses incurred with our consent. 80517 1109 Page 2 of 24 AH2709 2001 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
B. We will have no duty to defend the Insured against any Suit seeking damages for Bodily Injury Property Damage or Personal Injury and Advertising Injury to which this insurance does not apply. C. When we assume the defense of any Suit against the Insured that seeks damages covered by this policy we will 1. investigate negotiate and settle the Suit as we deem expedient and 2. pay the following supplementary payments to the extent that such payments are not covered by Scheduled Underlying Insurance or any applicable Other Insurance a. premiums on bonds to release attachments for amounts not exceeding the applicable Limits of Insurance of this policy but we are not obligated to apply for or furnish any such bond b. premiums on appeal bonds required by law to appeal a judgment in a Suit for amounts not exceeding the applicable Limits of Insurance of this policy but we are not obligated to apply for or furnish any such bond c. all court costs taxed against the Insured in the Suit d. pre judgment interest awarded against the Insured on that part of the judgment within the applicable Limits of Insurance of this policy we pay. If we make an offer to pay the applicable limit of insurance we will not pay any pre judgment interest accruing after we make such offer e. post judgment interest that accrues after entry of judgment on that part of the judgment within the applicable Limits of Insurance of this policy we pay and before we have paid offered to pay or deposited in court that part of the judgment that is within the applicable Limits of Insurance of this policy and f. the Insured s expenses incurred at our request or with our consent. D. Except as provided in Paragraph A. above 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. E. We will not defend any Suit or pay any attorney fees or litigation expenses including without limitation the expenses described in Paragraph C. above that accrue after the applicable Limits of Insurance of this policy have been exhausted by the payment of Loss and we will have the right to withdraw from the further defense of such Suit by tendering control of said defense to the Insured. IV. LIMITS OF INSURANCE A. The Limits of Insurance shown in Item 3. of the Declarations and the rules below state the most we will pay for all damages under this policy regardless of the number of 1. Insureds 2. claims made or Suits brought 3. persons or organizations making claims or bringing Suits or 4. coverages provided under this policy. B. The General Aggregate Limit stated in Item 3. of the Declarations is the most we will pay for all damages under this policy except for 1. damages included within the Products Completed Operations Hazard and 2. damages because of Bodily Injury or Property Damage to which this policy applies caused by an Occurrence and resulting from the ownership maintenance or use of an Auto covered under Scheduled Underlying Insurance. 80517 1109 Page 3 of 24 AH2709 2001 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
The Products Completed Operations Aggregate Limit stated in Item 3C. of the Declarations is the most we will pay for all damages included in the Products Completed Operations Hazard. Subject to Paragraphs B. and C. above the Each Occurrence Limit stated in Item 3A. of the Declarations is the most we will pay for the sum of all damages arising out of any one Occurrence. Subject to Paragraphs B. and C. above the most we will pay for damages under this policy on behalf of any person or organization to whom you are obligated by written Insured Contract to provide insurance such as is afforded by this policy is the lesser of the Limits of Insurance shown in Item 3. of the Declarations or the minimum Limits of Insurance you agreed to procure in such written Insured Contract. This policy applies only in excess of the Retained Limit. If however a policy shown in the Schedule of Underlying Insurance forming a part of this policy has a limit of insurance 1. greater than the amount shown in such schedule this policy will apply in excess of the greater amount of valid and collectible insurance or 2. less than the amount shown in such schedule this policy will apply in excess of the amount shown in the Schedule of Underlying Insurance forming a part of this policy. If the total applicable limits of Scheduled Underlying Insurance are reduced or exhausted by the payment of Loss to which this policy applies and the total applicable limits of applicable Other Insurance are reduced or exhausted we will 1. in the event of reduction pay excess of the remaining total applicable limits of Scheduled Underlying Insurance and any applicable Other Insurance and 2. in the event of exhaustion continue in force as underlying insurance. Expenses incurred to defend any Suit or to investigate any claim will be in addition to the applicable Limits of Insurance of this policy. Provided however that if such expenses reduce the applicable limits of Scheduled Underlying Insurance then such expenses will reduce the applicable Limits of Insurance of this policy. The CrisisResponse Sublimit of Insurance is the most we will pay for all CrisisResponse Costs under this policy regardless of the number of Cri Management Events first commencing during the Policy Period. This CrisisResponse Sublimit of Insurance will be part of not in addition to the applicable Limit of Insurance. The Excess Casualty CrisisFund Limit of Insurance is the most we will pay for all Crisis Management Loss under this policy regardless of the number of Crisis Management Events first commencing during the Policy Period. This Excess Casualty CrisisFund Limit of Insurance will be in addition to the applicable Limit of Insurance. We will have no obligation to advance CrisisResponse Costs when we determine that a Crisis Management Event has ended or when the CrisisResponse Sublimit of Insurance has been exhausted whichever occurs first. The Limits of Insurance of this policy apply separately to each consecutive annual period and to any remaining period of less than twelve 12 months beginning with the inception date of the Policy Period shown in the Declarations unless the Policy Period is extended after issuance for an additional period of less than twelve 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 of this policy.. We will not make any payment under this policy unless and until 1. the total applicable limits of Scheduled Underlying Insurance have been exhausted by the payment of Loss to which this policy applies and any applicable Other Insurance have been exhausted by the payment of Loss or 80517 1109 Page 4 of 24 AH2709 2001 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
2. the total applicable Self Insured Retention has been satisfied by the payment of Loss to which this policy applies. When the amount of Loss has been determined by an agreed settlement or a final judgment we will promptly pay on behalf of the Insured the amount of such Loss falling within the terms of this policy. An agreed settlement means a setlement and release of liability signed by us the Insured and the claimant or the claimant s legal representative. EXCLUSIONS Aircraft and Watercraft 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 or watercraft 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 or watercraft thatis owned or operated by or rented or loaned to any Insured. This exclusion does not apply to a watercraft you do not own that is 1. 2. less than 26 feet long and not being used to carry persons or property for a charge. Asbestos This insurance does not apply to any liability arising out of 1. the manufacture of mining of use of sale of installation of removal of distribution of or exposure to asbestos asbestos containing products or materials asbestos fibers or asbestos dust any obligation of the Insured to indemnify any party because of damages arising out of the manufacture of mining of use of sale of installation of removal of distribution of or exposure to asbestos asbestos products asbestos fibers or asbestos dust or any obligation to defend any Suit or claim against the Insured that seeks damages if such Suit or claim arises as the result of the manufacture of mining of use of sale of installation of removal of distribution of or exposure to asbestos asbestos products asbestos fibers or asbestos dust. Contractual Liability This insurance does not apply to any liability 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. 2. that the Insured would have in the absence of a contract or agreement or assumed in an Insured Contract provided Bodily Injury or Property Damage occurs subsequent to the execution of the Insured Contract. 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 and included in the Limits of Insurance of this policy 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 80517 1109 Page 5 of 24 AH2709 2001 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
b. such attorney fees and litigation expenses are for the defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this policy applies are alleged. D. Damage to Impaired Property or Property Not Physically Injured This insurance does not apply to Property Damage to Impaired Property or property that has not been physically injured arising out of 1. a defect deficiency inadequacy or dangerous condition in Your Product or Your Work or 2. adelay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to Your Product or Your Work after it has been put to its intended use. E. Damage to Property This insurance does not apply to 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. 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 This insurance does not apply to Property Damage to Your Product arising out of it or any part of it. G. Damage to Your Work This insurance does not apply to 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 Chatrooms or Bulletin Boards and Electronic Data 80517 1109 Page 6 of 24 AH2709 2001 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
This insurance does not apply to Personal Injury and Advertising Injury arising out of an electronic chatroom or bulletin board the Insured hosts owns or over which the Insured exercises control. Additionally this insurance does not apply to damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. Employees and Volunteers This insurance does not apply to liability of any employee or volunteer qualifying as an Insured under this policy arising out of Bodily Injury Property Damage or Personal Injury 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 or to an employee of yours while in the course of his or her employment or performing duties related to the conduct of your business or to another volunteer of yours while performing duties related to the conduct of your business 2. to the spouse child parent brother or sister of such injured employee or volunteer as a consequence of subparagraph 1. above 3. for which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in subparagraphs 1. or 2. above or 4. arising out of his or her providing or failing to provide professional health care services. Paragraphs 1. 2. and 3. shall not apply to any liability arising out of Bodily Injury or Personal Injury and Advertising Injury if such coverage is provided by Scheduled Underlying Insurance. Coverage under this policy for Bodily Injury or Personal Injury and Advertising Injury 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. Provided however that coverage provided by this policy will be no broader than the coverage provided by Scheduled Underlying Insurance. Employment Practices This insurance does not apply to any liability arising out of 1. failure to hire any prospective employee or any applicant for employment 2. dismissal discharge or termination of any employee 3. failure to promote or advance any employee or 4. employment related practices policies acts omissions or misrepresentations directed at a present past future or prospective employee including but not limited to a. coercion harassment humiliation or discrimination b. demotion evaluation reassignment discipline or retaliation c. libel slander humiliation defamation or invasion of privacy or d. violation of civil rights. This exclusion applies 1. whether the Insured may be liable as an employer or in any other capacity and 2. to any obligation to share damages with or repay someone else who must pay damages because of the injury. 80517 1109 Page 7 of 24 AH2709 2001 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
Expected or Intended Injury This insurance does not apply to Bodily Injury and Property Damage expected or intended from the standpoint of the Insured. However this exclusion does not apply to Bodily Injury or Property Damage resulting from the use of reasonable force to protect persons or property. Infringement of Copyright Patent Trademark or Trade Secret This insurance does not apply to Personal Injury 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.. Liquor Liability This insurance does not apply to Bodily Injury or Property Damage for which any Insured may be held liable by reason of 1. causing or contributing to the intoxication of any person 2. the furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3. any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. However this exclusion will not apply if coverage is provided for such Bodily Injury or Property Damage by 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. Provided however that coverage provided by this policy will be no broader than the coverage provided by Scheduled Underlying Insurance. Media and Internet Type Businesses This insurance does not apply to Personal Injury and Advertising Injury committed by any 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 Paragraphs U1. U2. and U3. of Section VII. 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. No Fault Uninsured Motorist or Underinsured Motorist Laws This insurance does not apply to any obligation of the Insured under any No Fault Uninsured Motorist or Underinsured Motorist law or any similar law. Nuclear Liability This insurance does not apply to 1. any liability 80517 1109 Page 8 of 24 AH2709 2001 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
with respect to which the Insured is also an Insured under a nuclear energy liability policy issued by the Nuclear Energy Liability Property Insurance Association Mutual Atomic Energy Liability Underwriters or the Nuclear Insurance Association of Canada or would be an Insured under any such policy but for its termination upon exhaustion of its limit of liability resulting from the hazardous properties of nuclear material and with respect to which 1 any person or any organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any amendment or revision thereto or any similar law 2 the Insured is or had this policy not been available would be entitted to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or an agency thereof with any person or organization for Bodily Injury or Property Damage resulting from the hazardous properties of nuclear material if i the nuclear material 1 is at any nuclear facility owned by the Insured or operated by the Insured or on the Insured s behalf or 2 has been discharged or dispensed therefrom ii the nuclear material is contained in spent fuel or waste at any time possessed handled used processed stored transported or disposed of by the Insured or on the Insured s behalf or the Bodily Injury or Property Damage arises out of the furnishing by the Insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this exclusion c. applies only to Property Damage to such nuclear facility and any property thereat. 2. As used in this exclusion a. b. hazardous properties includes 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 any amendment or revision thereto spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor waste means any waste material 1 containing by product material and 2 resulting from the operation by any person or organization of a nuclear facility included within the definition of nuclear facility below nuclear facility means i any nuclear reactor i 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 wastes iii 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 Insured s custody at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 or iv any structure basin excavation premises or place prepared or used for 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 80517 1109 Page 9 of 24 AH2709 2001 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
g. nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material h. Property Damage includes all forms of radioactive contamination of property. Q. Pollution This insurance does not apply to 1. Any Bodily Injury Property Damage or Personal Injury and Advertising Injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of Pollutants anywhere at any time 2. Any loss cost or expense arising out of any request demand order or statutory or regulatory requirement that the Insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of Pollutants or 3. Any loss cost or expense arising out of any 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 Paragraph 1 of this exclusion will not apply if coverage for such Bodily Injury or Property Damage as is described in subparagraphs 1 through 6 below is provided by Scheduled Underlying Insurance 1 2 3 4 Products Completed Operations Hazard Paragraph 1. of this exclusion does not apply with respect to Bodily Injury or Property Damage included within the Products Completed Operations Hazard provided that Your Product or Your Work has not at any time been a discarded dumped abandoned thrown away or b transported handled stored treated disposed of or processed as waste by anyone. Hostile Fire Paragraph 1. of this exclusion does not apply with respect to Bodily Injury or Property Damage arising out of heat smoke or fumes from a Hostile Fire. Equipment to Cool Dehumidify or Heat the Building and Contractor Lessee Operations Paragraph 1. of this exclusion does not apply to a Bodily Injury 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 used to heat water for personal use by the building s occupants or their guests b 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 such 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 the additional Insured. Fuels Lubricants and Other Operating Fluids Mobile Equipment Paragraph 1. of this exclusion does not apply to 80517 1109 Page 10 of 24 AH2709 2001 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
a Bodily Injury or Property Damage arising out of the escape of fuels lubricants or other operating fluids that are needed to perform normal electrical hydraulic or mechanical functions necessary for the operation of Mobile Equipment or its parts if such fuels 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 b 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. 5 Fuels Lubricants Fluids etc. Auto Paragraph 1. 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 an Auto covered by Scheduled Underlying Insurance 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 or Property Damage does not arise out of the operation of any equipment shown in Paragraphs 6b and 6 of the definition of Mobile Equipment. 6 Upset Overturn or Damage of an Auto Paragraph 1. of this exclusion does 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 an Auto covered by Scheduled Underlying Insurance if a the Pollutants or any property in which the Pollutants are contained are upset overturned or damaged as a result of the maintenance or use of an Auto covered by Scheduled Underlying Insurance and b the discharge dispersal seepage migration release or escape of the Pollutants is caused directly by such upset overturn or damage. Coverage under this policy for such Bodily Injury or Property Damage as is described in subparagraphs 1 through 6 above 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. Provided however that coverage provided by this policy will be no broader than the coverage provided by Scheduled Underlying Insurance. Recall of Your Product Your Work or Impaired Property This insurance does not apply to damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1. Your Product 2. Your Work or 3. Impaired Property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. Securities 80517 1109 Page 11 of 24 AH2709 2001 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
This insurance does not apply to any liability arising out of 1. any violation of any securities law or similar law or any regulation promulgated thereunder 2. the purchase sale offer of sale or solicitation of any security debt insurance policy bank deposit or financial interest or instrument 3. any representations made at any time in relation to the price or value of any security debt insurance policy bank deposit or financial interest or instrument or 4. any depreciation or decline in price or value of any security debt insurance policy bank deposit or financial interest or instrument. Unauthorized Use of Another s Name or Product This insurance does not apply to Personal Injury and Advertising Injury arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. Various Personal Injury and Advertising Injury This insurance does not apply to Personal Injury and Advertising Injury 1. 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 Injury and Advertising Injury 2. arising out of oral written or electronic publication in any manner of material if done by or at the direction of any Insured with knowledge of its falsity 3. arising out of oral written or electronic publication in any manner of material whose first publication took place before the beginning of the Policy Period 4. arising out of a criminal act committed by or at the direction of the Insured 5. for which the Insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the Insured would have in the absence of the contract or agreement 6. arising out of a breach of contract except an implied contract to use another s advertising idea in your Advertisement 7. arising out of the failure of goods products or services to conform with any statement of quality or performance made in your Advertisement or 8. arising out of the wrong description of the price of goods products or services stated in your Advertisement. Various Laws This insurance does not apply to any obligation of the Insured under any of the following 1. the Employee Retirement Income Security Act of 1974 including amendments relating to the Consolidated Omnibus Budget Reconciliation Act of 1985 or any amendment or revision thereto or any similar law or 2. any workers compensation disability benefits or unemployment compensation law or any similar law.. Violation of Communication or Information Law This insurance does not apply to any liability arising out of any act that violates any statute ordinance or regulation of any federal state or local government including any amendment of or addition to such laws that prohibits or limits the sending transmitting or communicating of material or information. 80517 1109 Page 12 of 24 AH2709 2001 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
War This insurance does not apply to Loss costs injury damage claim dispute andor or suit arising therefrom caused directly or indirectly in whole or in part as a result of or in connection with war whether declared or not or any act or condition incident to war. War includes 1. Civil war or 2. Armed conflict between two or more nations armed conflict between military forces of any origin or warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3. Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these.. CONDITIONS Appeals If the Insured or the Insured s underlying insurers do not appeal a judgment in excess of the total applicable limits of Scheduled Underlying Insurance we may elect to do so. If we appeal we will be liable for in addition to the applicable Limits of Insurance of this policy all court costs expenses incurred and interest on that amount of any judgment which does not exceed the applicable Limits of Insurance of this policy incidental to such an appeal. Audit We may audit and examine your books and records as they relate to this policy at any time during the period of this policy and for up to three 3 years after the expiration or termination of this policy. Bankruptcy or Insolvency Your bankruptcy insolvency or inability to pay or the bankruptcy insolvency or inability to pay of any of your underlying insurers will not relieve us from the payment of Loss covered by this policy. But under no circumstances will such bankruptcy insolvency or inability to pay require us to drop down replace or assume any obligation under Scheduled Underlying Insurance. Cancellation 1. You may cancel this policy. You must mail or deliver advance written notice to us stating when the cancellation is to take effect. 2. We may cancel this policy. If we cancel because of non payment of premium we 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 ninety 90 days advance written notice stating when the cancellation is to take effect. Mailing that notice to you at your mailing address shown in ltem 1 of the Declarations will be sufficient to prove notice. 3. The Policy Period will end on the day and hour stated in the cancellation notice. 4. If we cancel final premium will be calculated pro rata based on the time this policy was in force. Final Premium will not be less than the pro rata share of the Minimum Premium shown in Item 6. of the Declarations. 5. 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 shown in Item 6 of the Declarations. 6. 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 of unearned premium. Our check 80517 1109 Page 13 of 24 AH2709 2001 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
or our representative s check mailed or delivered will be sufficient tender of any refund due you. 7. The first Named Insured in Item 1. of 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. 8. Any of these provisions that conflict with a law that controls the cancellation of the insurance in this policy is changed by this statement to comply with that law. E. Change In Control If during the Policy Period 1. the first Named Insured designated in Item 1. of the Declarations consolidates with or merges into or sells all or substantially all of its assets to any person or entity or 2. any person or entity acquires an amount of the outstanding ownership interests representing more than 50 of the voting or designation power for the election of directors of the first Named Insured designated in Item 1. of the Declarations or acquires the voting or designation rights of such an amount of ownership interests this policy will continue in full force and effect as to Bodily Injury and Property Damage that occur prior to the effective date of such transaction and Personal Injury and Advertising Injury caused by an Occurrence that takes place prior to the effective date of such transaction. Coverage will be afforded by this policy for Bodily Injury or Property Damage that occurs on or after the effective date of such transaction and Personal Injury and Advertising Injury caused by an Occurrence that takes place on or after the effective date of such transaction if the Named Insured notifies us of the transaction no later than ninety 90 days after the effective date of the transaction. If the Named Insured fails to notify us within ninety 90 days of the effective date of such transaction coverage afforded by this policy will cease on the ninetieth 30th day after the effective date of such transaction at 1201 am standard time of the address of the Named Insured shown in Item 1. of the Declarations or the end of the Policy Period whichever is earlier. The provisions of paragraph E. shall only apply to transactions with third parties not under control or ownership of the Named Insured on the inception date of this policy. F. Changes Notice to any agent or knowledge possessed by any agent or any other person will not effect a waiver or change in any part of this policy. This policy can be changed only by a written endorsement that we make to this policy. G. Duties in the Event of an Occurrence Claim or Suit 1. You must see to it that we are notified as soon as practicable of an Occurrence that may result in a claim or Suit 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 any witnesses and c. the nature and location of any injury or damage arising out of the Occurrence. 2. If a claim is made or Suit is brought against any Insured which is reasonably likely to involve this policy you must notify us in writing as soon as practicable. Written notice should be mailed delivered faxed or emailed to 80517 1109 Page 14 of 24 AH2709 2001 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
AIG Claims Inc. Excess Casualty Claims Department Segmentation Unit 175 Water Street 22nd Floor New York NY 10038 Fax 866 743 4376 Email excessfolAIG.com 3. 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 settlement or defense of the claim or Suit and d. assist us upon our request in the enforcement of any right against any person or organization that 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 consent. H. Headings The descriptions in the headings of this policy are solely for convenience and form no part of the terms and conditions of coverage. I. Inspection We have the right but are not obligated to inspect your premises and operations at any time. Our inspections are not safety inspections. They relate only to the insurability of your premises and operations and the premiums to be charged. We may give you reports on the conditions that we find. We may also recommend changes. We do not however undertake to perform the duty of any person or organization to provide for the health or safety of your employees or the public. We do not warrant the health and safety conditions of your premises or operations or represent that your premises or operations comply with laws regulations codes or standards. J. Legal Actions Against Us No person or organization has a right under this policy 1. to join us as a party or otherwise bring us into a Suit asking for damages from an Insured or 2. to sue us under this policy unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an Insured but we will not be liable for damages that are not payable under this policy or that are in excess of the applicable Limits of Insurance of this policy. An agreed settlement means a settlement and release of liability signed by us the Insured and the claimant or the claimant s legal representative. K. Maintenance of Scheduled Underlying Insurance You agree that during the Policy Period 1. you will keep Scheduled Underlying Insurance in full force and effect 2. the terms definitions conditions and exclusions of Scheduled Underlying Insurance will not materially change 80517 1109 Page 15 of 24 AH2709 2001 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
3. the total applicable limits of Scheduled Underlying Insurance will not decrease except for any reduction or exhaustion of aggregate limits by payment of Loss to which this policy applies and 4. any renewals or replacements of Scheduled Underlying Insurance will provide equivalent coverage to and afford limits of insurance equal to or greater than the policy being renewed or replaced. If you fail to comply with these requirements we will be liable only to the same extent that we would have had you fully complied with these requirements. L. Other Insurance If other valid and collectible insurance applies to damages that are also covered by this policy this policy will apply excess of the Other Insurance. However this provision will not apply if the Other Insurance is specifically written to be excess of this policy. M. Premium The first Named Insured designated in Item 1. of the Declarations will be responsible for payment of all premiums when due. The premium for this policy will be computed on the basis set forth in Item 6. of the Declarations. At the beginning of the Policy Period you must pay us the Advance Premium shown in Item 6. of the Declarations. When this policy expires or if it is cancelled we will compute the earned premium for the time this policy was in force. If this policy is subject to audit adjustment the actual exposure base will be used to compute the earned premium. If the earned premium is greater than the Advance Premium you will promptly pay us the difference. If the earned premium is less than the Advance Premium we will return the difference to you. But in any event we will retain the Minimum Premium as shown in Item 6. of the Declarations for each twelve months of the Policy Period. N. Separation of Insureds Except with respect to the Limits of Insurance of this policy and rights or duties specifically assigned to the first Named Insured designated in Item 1. of the Declarations this insurance applies 1. as if each Named Insured were the only Named Insured and 2. separately to each Insured against whom claim is made or Suit is brought. 0. Transfer of Rights of Recovery 1. If any Insured has rights to recover all or part of any payment we have made under this policy those rights are transferred to us. The Insured must do nothing after loss to impair these rights and must help us enforce them. 2. Any recoveries will be applied as follows a. any person or organization including the Insured that has paid an amount in excess of the applicable Limits of Insurance of this policy will be reimbursed first b. we then will be reimbursed up to the amount we have paid and c. lastly any person or organization including the Insured that has paid an amount over which this policy is excess is entitled to claim the remainder. Expenses incurred in the exercise of rights of recovery will be apportioned among the persons or organizations including the Insured in the ratio of their respective recoveries as finally settled. 80517 1109 Page 16 of 24 AH2709 2001 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
3. If prior to the time of an Occurrence you waive any right of recovery against a specific person or organization for injury or damage as required under an Insured Contract we will also waive any rights we may have against such person or organization P. Transfer of Your Rights and Duties Your rights and duties under this policy may not be transferred without our written consent. If you die or are legally declared bankrupt your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. However notice of cancellation sent to the first Named Insured designated in Item 1 of the Declarations and mailed to the address shown in this policy will be sufficient notice to effect cancellation of this policy. Q. Unintentional Failure to Disclose Your failure to disclose all hazards existing as of the inception date of the policy will not prejudice you with respect to the coverage afforded by this policy provided that any such failure or omission is not intentional. R. Violation of Economic or Trade Sanctions If coverage for a claim or Suit under this Policy is in violation of any United States of America economic or trade sanctions including but not limited to sanctions administered and enforced by the United States Treasury Department s Office of Foreign Assets Control OFAC then coverage for that claim or Suit will be and void. VII. 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. B. Auto means 1. a land motor vehicle trailer or semitrailer designed for travel on public roads including any attached machinery or equipment or 2. any other land vehicle that is subject to a compulsory or financial responsibility law in the state where it is licensed or principally garaged. However Auto does not include Mobile Equipment. C. Bodily Injury means bodily injury sickness or disease sustained by any person including death mental anguish mental injury shock or humiliation resulting from any of these at any time. D. Crisis Management Event means an Occurrence that in the good faith opinion of a Key Executive of the Named Insured in the absence of C Management Services has or may result in 1. damages covered by this policy that are in excess of the total applicable limits of Scheduled Underlying Insurance or the Self Insured Retention and 2. significant adverse regional or national media coverage. 80517 1109 Page 17 of 24 AH2709 2001 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
Crisis Management Event will include without limitation man made disasters such as explosions major crashes multiple deaths burns dismemberment traumatic brain injury permanent paralysis or contamination of food drink or pharmaceuticals provided that any damages arising out of any of the aforementioned must be covered under this policy. Crisis Management Firm means any firm that is shown in Schedule A Approved Crisis Management Firms attached to and forming part of this policy which is hired by you to perform Crisis Management Services in connection with a Crisis Management Event. Crisis Management Loss means the following amounts incurred during a Crisis Management Event 1. amounts for the reasonable and necessary fees and expenses incurred by a Crisis Management Firm in the performance of Crisis Management Services for the Named Insured solely arising from a covered Cri Management Event and 2. amounts for reasonable and necessary printing advertising mailing of materials or travel by directors officers employees or agents of the Named Insured or a Crisis Management Firm incurred at the direction of a Ci Management Firm solely arising from a covered Crisis Management Event. Crisis Management Services means those services performed by a Crisis Management Firm in advising the Named Insured on minimizing potential harm to the Named Insured from a covered Crisis Management Event by maintaining and restoring public confidence in the Named Insured. CrisisResponse Costs means the following reasonable and necessary expenses incurred during a Crisis Management Event directly caused by a Crisis Management Event provided that such expenses have been pre approved by us and may be associated with damages that would be covered by this policy 1. medical expenses 2. funeral expenses 3. psychological counseling 4. travel expenses 5. temporary living expenses 6. expenses to secure the scene of a Crisis Management Event and 7. any other expenses pre approved by the Company. CrisisResponse Costs does not include defense costs or Crisis Management Loss. CrisisResponse Sublimit of Insurance means the CrisisResponse Sublimit of Insurance shown in Item 3D. of the Declarations. Excess Casualty CrisisFund Limit of Insurance means the Excess Casualty CrisisFund Limit of Insurance shown in ltem 3E of the Declarations. Hostile Fire means a fire that 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 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 80517 1109 Page 18 of 24 AH2709 2001 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
M. if such property can be restored to use by 1. 2. the repair replacement adjustment or removal of Your Product or Your Work or your fulfilling the terms of the contract or agreement. Insured means the Named Insured 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 your employees other than your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business your volunteer workers only while performing duties related to the conduct of your business any person other than your employee or volunteer worker or organization while acting as your real estate manager your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this policy any person or organization other than the Named Insured included as an additional insured under Scheduled Underlying Insurance but not for broader coverage than would be afforded by such Scheduled Underlying Insurance. Notwithstanding any of the above a. no person or organization is an Insured with respect to the conduct of any current past or newly formed partnership joint venture or limited liability company that is not designated as a Named Insured in ltem 1 of the Declarations and no person or organization is an Insured under this policy who is not an Insured under applicable Scheduled Underlying Insurance. This provision shall not apply to any organization set forth in the definition of Named Insured in Paragraph R. 2 and 3. 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. 80517 1109 Page 19 of 24 AH2709 2001 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
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. that indemnifies an architect engineer or surveyor for injury or damage arising out of a. preparing approving or failing to prepare or 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. Key Executive means the Chief Executive Officer Chief Operating Officer Chief Financial Officer President General Counsel or general partner if the Named Insured is a partnership of the Named Insured or sole proprietor if the Named Insured is a sole proprietorship. A Key Executive also means any other person holding a title designated by you and approved by us which title is shown in Schedule B Additional Key Executives attached to and forming part of this policy. Loss means those sums actually paid as judgments or settlements provided however that if expenses incurred to defend a Suit or to investigate a claim reduce the applicable limits of Scheduled Underlying Insurance then Loss shall include such expenses.. 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 a. power cranes shovels loaders diggers or drills or b. road construction or resurfacing equipment such as graders scrapers or rollers 5. vehicles not described in Paragraph 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 6. vehicles not described in Paragraph 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 80517 1109 Page 20 of 24 AH2709 2001 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
i snow removal i 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. However Mobile Equipment does not include any land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law are considered Autos. R. Named Insured means 1. 2. any person or organization designated in Item 1. of the Declarations as of the inception date of this policy any organization except for a partnership joint venture or limited liability company in which you maintain an interest of more than fifty percent 60 as of the effective date of this policy provided that coverage provided to such organization under this paragraph does not apply to any Bodily Injury or Property Damage that occurred or any Personal Injury and Advertising Injury that was caused by an Occurrence that was committed before you acquired or formed such organization or after you ceased to maintain an interest of more than fifty percent 50 in such organization and after the inception date of this policy any organization except for a partnership joint venture or limited liability company that you acquire or form during the Policy Period in which you maintain an interest of more than fifty percent 50 provided that a. coverage provided to such organization under this paragraph does not apply to any Bodily Injury or Property Damage that occurred or any Personal Injury and Advertising Injury that was caused by an Occurrence that was committed before you acquired or formed such organization or after you ceased to maintain an interest of more than fifty percent 50 in such organization and b. you give us prompt notice after you acquire or form such organization. Subject to the provisions of Paragraphs 3a. and 3b. above a partnership joint venture or limited liability company that you acquire or form during the Policy Period may be added as an Insured only by a written endorsement that we make a part of this policy. We may at our option make an additional premium charge for any organization that you acquire or form during the Policy Period. You agree that any organization to which paragraphs 2. and 3. above apply will be required to be included as an Insured under applicable Scheduled Underlying Insurance. If you fail to comply with this requirement coverage under this policy will apply as though the organization was included as an Insured under the highest applicable limit of Scheduled Underlying Insurance. S. Occurrence means 1. as respects 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 harmful conditions will be deemed to arise out of one Occurrence. as respects Personal Injury and Advertising Injury an offense arising out of your business that causes Personal Injury and Advertising Injury. All damages that arise from the same related or repeated injurious 80517 1109 Page 21 of 24 AH2709 2001 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
material or act will be deemed to arise out of one Occurrence regardless of the frequency or repetition thereof the number and kind of media used and the number of claimants. T. Other Insurance means a valid and collectible policy of insurance providing coverage for damages covered in whole or in part by this policy. However Other Insurance does not include Scheduled Underlying Insurance the Self Insured Retention or any policy of insurance specifically purchased to be excess of this policy affording coverage that this policy also affords. U. Personal Injury and Advertising Injury means injury arising out of your business including consequential Bodily Injury arising out of one or more of the following offenses 1. false arrest detention or imprisonment 2. malicious prosecution 3. 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 4. oral or witten 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 5. oral or written publication in any manner of material that violates a person s right of privacy 6. the use of another s advertising idea in your Advertisement or 7. infringement upon another s copyright trade dress or slogan in your Advertisement. V. Policy Period means the period of time from the inception date shown in Item 2. of the Declarations to the earlier of the expiration date shown in Item 2. of the Declarations or the effective date of termination of this policy. W. Pollutants means any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. X. Products Completed Operations Hazard means all Bodily Injury and Property Damage occurring away from premises you own or rent and arising out of Your Product or Your Work except 1. products that are still in your physical possession or 2. work that has not yet been completed or abandoned. However Your Work will be deemed completed at the earliest of the following times a. when all of the work called for in your contract has been completed b. when all of the work to be done at the job site has been completed if your contract calls for work at more than one job site or c. when that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. Products Completed Operations Hazard does not include Bodily Injury or Property Damage arising out of 1. the transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you and that condition was created by the loading or unloading of that vehicle by any Insured or 80517 1109 Page 22 of 24 AH2709 2001 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
Y. BB. ccC. DD. 2. the existence of tools uninstalled equipment or abandoned or unused materials. Property Damage means 1. physical injury to tangible property including all resulting loss of use of that property. All such loss of use will be deemed to occur at the time of the physical injury that caused it or 2. loss of use of tangible property that is not physically injured. All such loss of use will be deemed to occur at the time of the Occurrence that caused it. For the purposes of this insurance electronic data is not tangible property. As used in this definition electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. Retained Limit means 1. the total applicable limits of Scheduled Underlying Insurance and any applicable Other Insurance providing coverage to the Insured or 2. the Self Insured Retention applicable to each Occurrence that results in damages not covered by Scheduled Underlying Insurance nor any applicable Other Insurance providing coverage to the Insured. Scheduled Underlying Insurance means 1. the policy or policies of insurance and limits of insurance shown in the Schedule of Underlying Insurance forming a part of this policy and 2. automatically any renewal or replacement of any policy in Paragraph 1. above provided that such renewal or replacement provides equivalent coverage to and affords limits of insurance equal to or greater than the policy being renewed or replaced. Scheduled Underlying Insurance does not include a policy of insurance specifically purchased to be excess of this policy affording coverage that this policy also affords. Self Insured Retention means the amount that is shown in Item 5. of the Declarations. Suit means a civil proceeding in which damages because of Bodily Injury Property Damage or Personal Injury and Advertising Injury to which this policy 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. Your Product means 1. any goods or products other than real property manufactured sold handled distributed or disposed of by a. you b. others trading under your name or c. a person or organization whose business or assets you have acquired and 2. containers other than vehicles materials parts or equipment furnished in connection with such goods or 80517 1109 Page 23 of 24 AH2709 2001 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
EE. products. Your Product includes 1. warranties or representations made at any time with respect to the fitness quality durability performance or use of Your Product and 2. the providing of or failure to provide warnings or instructions. Your Product does not include vending machines or other property rented to or located for the use of others but not sold. Your Work means 1 work or operations performed by you or on your behalf and 2. materials parts or equipment furnished in connection with such work or operations. Your Work includes 1. warranties or representations made at any time with respect to the fitness quality durability performance or use of Your Work and 2. the providing of or failure to provide warnings or instructions. IN WITNESS WHEREOF the Insurer has caused this Policy to be signed by its President Secretary and Authorized Representative. Az S il S SECRETARY PRESIDENT This Policy shall not be valid unless signed below at the time of issuance by an authorized representative of the insurer. Thonoci B Authorized Representative 80517 1109 Page 24 of 24 AH2709 2001 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
SCHEDULE OF UNDERLYING INSURANCE Issued to TRAYLOR PRECAST LLC Policy Number 26275176 By COMMERCE AND INDUSTRY INSURANCE COMPANY TYPE OF POLICY INSURER POLICY NO. OR COVERAGE AND POLICY PERIOD LIMITS GENERAL LIABILITY Travelers Commercial Casualty 2000000 021516 EACH OCCURRENCE 021517 4000000 GENERAL AGGREGATE 4000000 PRODUCTS C. OPS. AGGREGATE Policy Number nan nan nan nan 26275176.0 Defense Expenses are in addition to the limit 1000000 COMBINED SINGLE LIMIT AUTO LIABILITY Travelers Commercial Casualty 021516 021517 Defense Expenses are in addition to the limit 1000000 EACH ACCIDENT 1000000 DISEASE EACH EMPLOYEE 1000000 DISEASE POLICY LIMIT EMPLOYERS LIABILITY Travelers Commercial Casualty 021516 021517 Defense Expenses are in addition to the limit 2000000 EACH OCCURRENCE 4000000 GENERAL AGGREGATE EMPLOYEE BENEFITS LIABILITY Travelers Commercial Casualty 021516 021517 Defense Expenses are in addition to the limit Thoren Btr AUTHORIZED REPRESENTATIVE UNDSCH 599 AHO006 | 2 |
ENDORSEMENT No. 1 This endorsement effective 12201 AM February 15 2016 Forms a part of policy no 26275176 Issued to TRAYLOR PRECAST LLC By COMMERCE AND INDUSTRY INSURANCE COMPANY Commercial Umbrella Liability Policy with CrisisResponse Cri sResponse Coverage Enhancement Endorsement This policy is amended as follows It is understood and agreed that in every instance in which the phrase CrisisResponse Sublimit of Insurance is referenced in this policy andor its endorsements the phrase CrisisResponse Limit of Insurance shall be substituted. Section IV. LIMITS OF INSURANCE Paragraph I. is deleted in its entirety and replaced by the following I. The CrisisResponse Limit of Insurance is the most we will pay for all CrisisResponse Costs under this policy regardless of the number of Crisis Management Events first commencing during the Policy Period. This CrisisResponse Limit of Insurance will be in addition to the applicable Limit of Insurance. All other terms conditions definitions and exclusions of this policy remain unchanged. Thonod B Authorized Representative or Countersignature Where Applicable 94621 507 AH2035 | 2 |
ENDORSEMENT No. 2 This endorsement effective 1201 AM February 15 2016 Forms a part of policy no 26275176 Issued to TRAYLOR PRECAST LLC By COMMERCE AND INDUSTRY INSURANCE COMPANY Commercial Umbrella Liability Policy With CrisisResponse Violation of Economic or Trade Sanctions Condition Amendment Endorsement This policy is amended as follows Section VI. CONDITIONS Paragraph R. Violation of Economic or Trade Sanctions is deleted in its entirety. All other terms definitions conditions and exclusions of this policy remain unchanged. fonee B Authorlzed Representative or Countersignature Where Applicable 99497 608 AH2423 | 2 |
ENDORSEMENT No. 3 This endorsement effective 1201 AM February 15 2016 Forms a part of policy no 26275176 Issued to TRAYLOR PRECAST LLC By COMMERCE AND INDUSTRY INSURANCE COMPANY Commercial Umbrella Liability Policy with CrisisResponse Duties in the Event of an Occurrence Claim or Suit and Schedule A Approved Crisis Management Firms Solely as respects coverage provided by Section Il INSURING AGREEMENT CRISISRESPONSE AND EXCESS CASUALTY CRISIS FUND the following conditions are added to Section VI. Conditions Paragraph G. Duties in the Event of an Occurrence Claim or Suit You must report any Crisis Management Event to us within twenty four 24 hours of the time that a Key Executive first becomes aware of an Occurrence that gives rise to a Crisis Management Event or as soon as practicable to be eligible for the advancement of CrisisResponse Costs and the payment of Crisis Management Loss. Notice of a Crisis Management Event may be given by calling 1 877 244 3100. If notice is given by telephone written notice will be given as soon as practicable thereafter. Written notice should include 1. how when and where the Cri s Management Event is taking or took place 2. the names and addresses of any injured persons and any witnesses and 3. the nature and location of any injury or damage arising out of the Crisis Management Event. Written notice should be mailed e mailed or delivered to AIG Claims Inc. Excess Casualty Claims Department Segmentation Unit 175 Water Street 22nd Floor New York NY 10038 Fax 866 743 4376 E mail excessfolAIG.com All other terms definitions conditions and exclusions of this policy remain unchanged. Authorized Representative or Countersignature Where Applicable 83687 911 AH3164 Page 10f 8 | 2 |
SCHEDULE A THE FOLLOWING PUBLIC RELATIONS FIRMS ARE APPROVED CRISIS RESPONSE VENDORS FIRM ADDRESS CONTACT INFORMATION EMERGENCY SERVICES TELEPHONE OFFERED Abernathy MacGregor Group Inc. 501 Madison Avenue Rhonda Barnat 917 912 6378 Public Relations New York NY 10022 212 371 5999 Office Crisis Management 917 912 6378 Cell and Threat 212 752 0723 Fax Vulnerability 646 478 8740 Home Assessment. rbabmac.com 611 W. Sixth Street Suite 1880 Los Angeles CA 90017 611 W. Sixth Street Suite 1880 Los Angeles CA 90017 lan D. Campbell 818 750 4392 213 630 6550 Office 917 940 3476 213 422 7958 Cell 213 489 3443 Fax 818 957 5650 Home 818 541 0954 Home Fax idcabmac.com Ann Barks Public Relations Southeastern United States 896 Cross Gates Boulevard Slidell LA 70461 Ann W. Barks 985 290 8304 985 847 0750 Direct 985 290 8304 Cell abarksprbellsouth.net Public Relations and Crisis Management. Bright Light Marketing Group Hawaii Only 1001 Bishop Street Suite 900 Honolulu Hawaii Charlene Lo Chan 808 275 3007 Direct 808 524 6441 Office Public Relations and Crisis Management. 96813 3429 808 781 7733 Cell 808 524 8115 Fax charlenebrightlightmarketing.com Dix Eaton Dix Eaton Matt Barkett 216 241 3073 Public Relations. 200 Public Square 216 241 3073 Direct Crisis Management Suite 1400 216 241 0405 Office and Threat Cleveland OH 216 780 7800 Cell Vulnerability 44114 2316 mbarkettdixeaton.com Assessment. Gary Pratt 216 241 4613 Direct 216 241 0405 Office 440 477 1278 Cell gprattdixeaton.com 83687 911 Page 2 of 8 AH3164 818 750 4392 917 940 3476 83687 911 AH3164 | 2 |
FIRM ADDRESS CONTACT INFORMATION EMERGENCY SERVICES TELEPHONE OFFERED Edelman 200 E. Randolph Street Harlan Loeb 312 927 8424 Public Relations. Chicago IL 60601 312 240 2624 Direct 312 240 3000 Office 312 240 2900 Fax 312 927 5632 Cell harlan.loebedelman.com Crisis Management and Threat Vulnerability Assessment. Jenifer Giller 312 240 3000 Office 312 233 1272 Cell 312 240 2900 Fax jenifer.gilleredelman.com Fleishman Hilliard International Communications Inc John Hancock Center 200 East Randolph St. Chicago IL 60601 David Saltz 312 751 3530 Direct 312 751 8878 Office 312 729 3630 Cell 312 751 8191 Fax david.saltzfleishman.com Public Relations. Crisis Management and Threat Vulnerability Assessment. Rick Fox 617 729 3734 Direct 312 286 4983 Cell 312 751 8191 Fax rick.foxfleishman.com Levick Strategic Communications LLC 1900 M Street NW Gene Grabowski Washington D.C. 202 973 1351 Direct 20036 202 270 6560 Cell 202 973 1301 Fax ggrabowskiIlevick.com 202 270 6560 Public Relations. Crisis Management and Threat Vulnerability Assessment. Jason Maloni 202 973 1335 Direct 202 834 9677 Cell jason.maloniIevick.com 83687 911 AH3164 Page 30of 8 | 2 |
FIRM ADDRESS CONTACT INFORMATION EMERGENCY SERVICES TELEPHONE OFFERED Lexicon Communications Corp. 520 Bellmore Way Steven B. Fink 626 683 9333 Public Relations. Pasadena CA 91103 626 683 9333 Direct 626 253 1519 Cell 626 449 7659 Fax sfinklexiconcorp.com Crisis Management and Threat Vulnerability Assessment. Marsh Inc. Reputational Risk Crisis Management Group 1166 Avenue of the Tracy Knippenburg Gillis 877 246 2774 Americas 212 345 3886 Direct New York NY 10036 516 661 0308 Cell 516 536 5845 Other 212 948 8638 Fax tracy.knippenburggillismarsh.com Public Relations. Crisis Management and Threat Vulnerability Assessment. 345 California Street Simon R. Baker Suite 1300 415 743 8648 Direct San Francisco 415 367 5707 Cell California 94104 robert.wilkersonmarsh.com ONeill Associates 31 New Chardon St. Andrew M. Paven Boston 866 989 4321 Toll Free Massachusetts 02114 617 646 1000 Office 617 646 1290 Fax apavenoneillandassociates.com Public Relations. Crisis Management and Threat Vulnerability Assessment. rbb Public Relations 355 Alhambra Circle Bruce S. Rubin Suite 800 305 448 2640 Direct Miami Florida 33134 305 807 2704 Cell 305 448 5027 Fax bruce.rubinrbbpr.com Public Relations. Crisis Management Robinson Lerer Montgomery 1345 Avenue of the Michael Gross Americas 646 805 2003 Direct 4 Floor 646 805 2000 Office New York NY 917 853 0620 Cell 10105 718 788 5281 Home mgrossrimnet.com Patrick S. Gallagher 646 805 2007 Direct 646 805 2000 Office 917 328 9333 Cell 646 805 2829 Fax 914 232 4256 Home allagherrimnet.com 83687 911 Page 4 of 8 AH3164 646 805 2000 Public Relations. Crisis Management and Threat Vulnerability Assessment. ates.com 83687 911 AH3164 | 2 |
FIRM ADDRESS CONTACT INFORMATION EMERGENCY SERVICES TELEPHONE OFFERED Sard Verbinnen Co. 630 Third Avenue George Sard 917 750 4392 Public Relations. 9 Floor 212 687 8080 Office Crisis Management New York NY 10017 212 687 8344 Fax and Threat gsardsardverb.com Vulnerability Assessment. 475 Sansome Street Paul Kranhold Suite 1750 415 618 8750 Office San Francisco CA 415 568 9580 Fax 94111 pkranholdsardverb.com Sitrick and Company Inc. 655 Third Avenue Jeffrey S. Lloyd 310 358 1011 Public Relations. 22 Floor New York NY 10017 1840 Century Park East Suite 800 Los Angeles CA 90067 212 660 6393 Direct 212 573 6100 Office 310 963 2850 Cell 212 573 6165 Fax jefflloydsitrick.com Michael S. Sitrick 310 788 2850 Direct 310 788 2855 Fax mikesitricksitrick.com Crisis Management and Threat Vulnerability Assessment. 1840 Century Park East Suite 800 Los Angeles CA 90067 The Torrenzano Group The Lincoln Building Richard Torrenzano Public Relations. 60 East 42 Street 212 681 1700 Ext. 111 Direct Crisis Management Suite 2112 212 681 6961 Fax and Threat New York NY richardtorrenzano.com Vulnerability 10165 2112 Assessment. Edward A. Orgon 212 681 1700 Ext. 102 Direct 917 539 4000 Cell 212 681 6961 Fax edtorrenzano.com 83687 911 AH3164 Page 5 of 8 | 2 |
THE FOLLOWING NON PUBLIC RELATIONS FIRMS ARE APPROVED CRISIS RESPONSE VENDORS FIRM ADDRESS CONTACT INFORMATION EMERGENCY SERVICES TELEPHONE OFFERED ANS Rehab Consulting LLC 305 Tallwood Lane Nicole Denson 888 552 5378 Psychological Green Brook 908 279 7532 Main Office Counseling New Jersey 08812 908 822 0422 Fax Medical Case 646 584 7885 Cell Management nicoleansrehabconsulting.com Medical Cost Projection and Containment. Anthony Sambucini 908 822 9322 Direct 908 822 0422 Fax 908 720 8644 Cell anthonyansrehabconsulting.com Bill Tibbo Associates 411 Borland Court Newmarket Ontario L3X 1E4 Bill Tibbo 888 355 9788 Toll Free 416 716 8057 Cell bilbilltibbo.com Psychological Counseling Medical Case Management Medical Cost Projection and Containment. Ross McPhail 905 830 0291 Office 905 868 4174 Cell rossbilltibbo.com Coventry Health Care Inc. 3200 Highland Ave. Michael Lacroix 888 552 5378 Downers Grove IL 914 223 4463 Cell 60515 786 513 7690 Fax jlacroixcvty.com Psychological Counseling Medical Case Management Medical Cost Projection and Containment. Cunningham Lindsey US f k a GAB Robbins North America Inc. 560 Peoples Plaza Gail Oliver 800 621 5410 Suite 215 302 838 1684 Direct 302 521 4985 Cell 302 838 1685 Fax golivergclna.com Neward Delaware 19702 Claims Investigative Appraisal Emergency Claims and Loss Call Center Operations. 83687 911 AH3164 Page 6 of 8 | 2 |
FIRM ADDRESS CONTACT INFORMATION EMERGENCY SERVICES TELEPHONE OFFERED D.AR. Inc. 4 Iris Drive David W. Hunt 207 415 0735 Crisis Management Scarborough Maine 207 415 0735 Direct Global Investigative 04074 207 883 0493 Home Services Access to 207 883 2436 Fax National dhunt12348aol.com International Intelligence Agencies Crisis Management Threat and Vulnerability Assessment. Lanny J. Davis Associates LLC 600 13th Street NW Lanny J. Davis Legal Crisis Suite 600 202 756 8211 Direct Communications Washington DC 202 737 1141 Fax Media Strategy 20005 Idavislannyjdavis.com Public Advocacy Legal Regulatory Issues and Crisis Management. Maddie Melendez 202 756 8293 Direct mmelendez lannyjdavis.com Lombardi Associates 277 Fairfield Road Suite 306A Fairfield NJ 07004 Anthony Nastasi 877 715 2440 973 271 8928 Direct 800 550 0095 Office 310 552 9052 Fax anthony.nastasilombardiassociates.com Psychological Counseling Medical Case Management Medical Cost Projection and Containment. Jennifer Wolfe 803 917 9948 Direct Meagher Geer P.L.L.P. 33 S. Sixth Street Russell D. Melton 612 347 9118 Crisis Management Suite 4400 612 371 1317 Direct and Threat Minneapolis MN 55402 612 338 0661 Office Vulnerability 612 338 8384 Fax Assessment. 612 964 1882 Cell rmeltonmeagher.com 83687 911 AH3164 Page 7 of 8 | 2 |
FIRM ADDRESS CONTACT INFORMATION EMERGENCY SERVICES TELEPHONE OFFERED Patton Boggs LLP 2550 M Street NW Thomas M. Keane Legal Regulatory Washington DC 202 457 7540 Direct Issues Public 2007 202 256 1289 Cell Relations and Crisis 202 457 6315 Fax Management. tkeanepattonboggs.com T. J. Russo Consultants Nationwide 99 Hillside Avenue Michael W. Russo 516 456 3900 Fire Investigation Suite X 516 294 8644 Ext. 15 Direct and Analysis Williston Park NY 516 456 3900 After Hours Services. 516 456 3900 Cell 516 747 1009 Fax mwrusso123aol.com 11596 83687 911 AH3164 Page 8 of 8 | 2 |
ENDORSEMENT No. 4 This endorsement effective 12201 AM February 15 2016 Forms a part of policy no 26275176 Issued to TRAYLOR PRECAST LLC By COMMERCE AND INDUSTRY INSURANCE COMPANY Commercial Umbrella Policy with CrisisResponse Act of Terrorism Self Insured Retention Endorsement Solely with respect to any Act of Terrorism this policy is amended as follows The DECLARATIONS ITEM 5. SELF INSURED RETENTION is amended to include the following additional Self Insured Retention ACT OF TERRORISM SELF INSURED RETENTION 1000000 Each Occurrence As respects all liability covered under this policy arising out of any Act of Terrorism. The Act of Terrorism Self Insured Retention will not be reduced or exhausted by Defense Expenses. ITEM 6. OF THE DECLARATIONS PREMIUM AND PREMIUM COMPUTATION is amended to include the following ACT OF TERRORISM PREMIUM 1482.99 Section IV. LIMITS OF INSURANCE is amended to include the following additional provision The Act of Terrorism Self Insured Retention applies whether or not there is any available Scheduled Underlying Insurance or Other Insurance providing coverage to the Insured. If there is Scheduled Underlying Insurance or Other Insurance providing coverage to the Insured amounts received through such Scheduled Underlying Insurance or Other Insurance for payment of the Loss may be applied to reduce or exhaust the Act of Terrorism Self Insured Retention. However in no event will amounts received through such Scheduled Underlying Insurance or Other Insurance for the payment of Defense Expenses reduce the Act of Terrorism Self Insured Retention. Section Ill. DEFENSE PROVISIONS Paragraphs A. 1. and A. 2. and D. are deleted in their entireties and Paragraph A. is replaced by the following A. 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. Section VII. DEFINITIONS is amended to include the following additional definition Act of Terrorism means 1. any act which is verified or recognized by the United States Government as an act of terrorism including a certified act of terrorism defined by Section 102. Definitions. of the Terrorism Risk Insurance Act of 2002 and any revisions amendments or extensions thereto or 83049 306 AH1721 Page 1 of 2 | 2 |
2. the use or threatened use of force or violence against person or property or commission of an act dangerous to human life or property or commission of an act that interferes with or disrupts an electronic or communication system undertaken by any person or group whether or not acting on behalf of or in connection with any organization government power authority or military force when the effect is to intimidate coerce or harm a government the civilian population or any segment thereof or to disrupt any segment of the economy. Defense Expenses means any payment allocated to a specific loss claim or Suit for its investigation settlement or defense including but not limited to 1. Attorney s fees and all other investigation loss adjustment and litigation expenses 2. Premiums on bonds to release attachments 3. Premiums on appeal bonds required by law to appeal any claim or Suit 4. Costs taxed against the Insured in any claim or Suit 5. Pre judgment interest awarded against the Insured 6. Interest that accrues after entry of judgment. It is understood and agreed that if any other endorsement to this policy excludes terrorism liability arising in one or more specified countries the provisions of such exclusion shall supersede this endorsement. All other terms definitions conditions and exclusions of this policy remain unchanged. Thonod B Authorized Representative or Countersignature in States Where Applicable 83049 306 AH1721 Page 2 of 2 | 2 |
ENDORSEMENT No. 5 This endorsement effective 1201 AM February 15 2016 Forms a part of policy no 26275176 Issued to TRAYLOR PRECAST LLC By COMMERCE AND INDUSTRY INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ECONOMIC SANCTIONS ENDORSEMENT This endorsement modlifies insurance provided under the following The Insurer shall not be deemed to provide cover and the Insurer shall not be liable to pay any claim or provide any benefit hereunder to the extent that the provision of such cover payment of such claim or provision of such benefit would expose the Insurer its parent company or its ultimate controlling entity to any sanction prohibition or restriction under United Nations resolutions or the trade or economic sanctions laws or regulations of the European Union or the United States of America. AUTHORIZED REPRESENTATIVE 89644 6 13 | 2 |
ENDORSEMENT 6 This endorsement effective 1201 AM February 15 2016 Forms a part of policy no 26275176 Issued to TRAYLOR PRECAST LLC By COMMERCE AND INDUSTRY INSURANCE COMPANY INDIANA AMENDATORY ENDORSEMENT Wherever used in this endorsement 1 we us our and Insurer mean the insurance company which issued this policy and 2 you your named Insured First Named Insured and Insured mean the Named Corporation Named Organization Named Sponsor Named Insured or Insured stated in the declarations page and 3 Other Insureds means all other persons or entities afforded coverage under the policy. In consideration of the premium charged the cancellation provision of the policy is amended as follows CANCELLATION AND NONRENEWAL A The Insurer may cancel a policy of insurance that has been in effect ninety 90 days or less by providing a written notice of cancellation to a person insured under the policy at least 1 ten 10 days before cancelling if the Insured has failed to pay a premium 2 twenty 20 days before cancelling if the Insured or Other Insured s have perpetrated fraud or material misrepresentation upon the Insurer or 3 thirty 30 days before cancelling for any other reason. B. The Insurer may not cancel a policy of insurance that has been in effect more than ninety 90 days that the Insurer has written unless 1 the Insured under the policy has failed to pay the premium 2 there is a substantial change in the scale of risk covered by the policy 3 the Insured or Other Insureds has perpetrated a fraud or material misrepresentation upon the Insurer 4 the Insured or Other Insureds has failed to comply with reasonable safety recommendations or 5 reinsurance of the risk associated with the policy has been cancelled. C. The Insurer shall provide a written notice of cancellation to a person insured under a policy issued by the Insurer that has been in effect more than ninety 90 days at least 1 forty five 45 days before cancelling the policy for any reason set forth in B24 or 5 above 2 thirty 30 days before cancelling a medical malpractice policy for any reason set forth in B1 5 above 3 twenty 20 days before cancelling the policy for the reason set forth in B3 above 4 ten 10 days before cancelling the policy for the reason set forth in B1 above. D. If the Insurer refuses to renew a policy of insurance written by the Insurer the Insurer shall provide written notice of nonrenewal to the Insured 52143 812 AH3276 Page 1 of 2 | 2 |
1 at least forty five 45 days before the expiration date of the policy if the coverage provided is for one 1 year or less or at least forty five 45 days before the anniversary date of the policy if the coverage provided is for more than one 1 year. 2 All other provisions of this policy remain the same. AUTHORIZED REPRESENTATIVE 52143 812 AH3276 Page 2 of 2 | 2 |
ENDORSEMENT No. 7 This endorsement effective 1201 AM February 15 2016 Forms a part of policy no. 26275176 Issued to TRAYLOR PRECAST LLC By COMMERCE AND INDUSTRY INSURANCE COMPANY INDIANA AMENDATORY ENDORSEMENT Definition of Pollutants When a claim or Suit is brought against an Insured in the state of Indiana andor Indiana law applies this policy is amended as follows The definition of Pollutants in this policy or in any endorsement to this policy is deleted in its entirety and replaced with the following Pollutants means any solid liquid gaseous bacterial fungal electromagnetic thermal or other substance that can be toxic or hazardous cause irritation to animals or persons andfor cause contamination to property and the environment including smoke vapor soot fumes acids alkalis chemicals and waste. Specific examples identified as pollutants include but are not limited to diesel kerosene and other fuel oils gasoline butane propane natural gas and other fuels brake fluid transmission fluid and other hydraulic fluids ethylene glycol methyltertbutylether MTBE methanol ethanol isopropyl alcohol and propylene glycol and other fuel and antifreeze additives grease tar petroleum distillates and other petroleum products and petroleum hydrocarbons carbon monoxide and other exhaust gases stoddard solvent mineral spirits and other solvents chromium compounds emulsions emulsifiers naphtha tetrachloroethylene PCE perchloroethylene PERC trichloroethylene TCE methylene chloroform and other dry cleaning chemicals methyl isobytyl ketone methyl ethal ketone n butyl acetate 2 butoxyethanol hexylene glycol peroxides freon polychlorinated biphenyl PCB CFC113 chlorofluorocarbons chlorinated hydrocarbons adhesives pesticides insecticides barium 12 Dichloroethylene ethylene dichloride dichloromethane methylene chloride ethylbenzene lead Mercury Selenium sulfate xylene silica sewage and industrial waste materials and all substances constituents derivatives or degradative byproducts or additives specifically listed identified or described by one or more of the following references i. Comprehensive Environmental Response Compensation and Liability Act CERCLA Priority List Hazardous Substances 1997 and all subsequent editions ii. Agency for Toxic Substances And Disease Registry ToxFAQs fii. Clean Air Act s List of 188 Air Toxics And Diesel Particulate Matter iv. U.S. Environmental Protection Agency EMCI Chemical References Complete Index V. U.S. Environmental Protection Agency Persistent Bioaccumulative and Toxic Chemicals List Vi. Indiana Department of Environmental Management Remediation Closure Guide March 22 2012 edition Table A6 Screening Level Summary Table 2012 and vii. Indiana Department of Environmental Management Risk Integrated System of Closure Technical Guide Default Closure Tables January 31 2006 Appendix 1 Revised May 1 2009 vi. vii. 116924 1013 AH3286 Page 1 of 2 | 2 |
Substances identified as examples above or by the referenced lists also include materials or substances to be discarded recycled reconditioned or reclaimed. This definition of Pollutants applies whether or not such solid liquid gaseous bacterial fungal electromagnetic or thermal irritant or contaminant or substance is your product or products used by you or for you andor is an integral part of or incidental to your business operations premises site or locations or has any function in your business operations premises site or locations. For the purpose of this endorsement Suit Insured and Pollutants shall have the applicable meaning in accordance with the terms of this policy whether or not such term is in quotation marks or bolded. All other terms definitions conditions and exclusions of this policy remain unchanged. Authorized Representative or Countersignature Where Applicable 116924 1013 AH3286 Page 2 of 2 | 2 |
ENDORSEMENT No. 8 This endorsement effective 1201 AM February 15 2016 Forms a part of policy no 26275176 Issued to TRAYLOR PRECAST LLC By COMMERCE AND INDUSTRY INSURANCE COMPANY Commercial Umbrella Liability Policy with CrisisResponse Automobile Liability Follow Form Endorsement This policy is amended as follows Section V. EXCLUSIONS is amended to include the following additional exclusion Automobile Liability This insurance does not apply to any liability arising out of the ownership maintenance operation use or entrustment to others of any Auto owned or operated by or rented or loaned to any Insured. Use includes operation and loading or unloading of any Auto. However this exclusion will not apply if coverage is provided for Bodily Injury or Property Damage by 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. Provided however that coverage provided by this policy will be no broader than the coverage provided by Scheduled Underlying Insurance. All other terms definitions conditions and exclusions of this policy remain unchanged. Thosi B Authorized Representative or Countersignature Where Applicable 80398 0702 AHO0885 | 2 |
ENDORSEMENT 9 This endorsement effective 1201 a.m. February 15 2016 forms a part of Policy No. 26275176 issued to TRAYLOR PRECAST LLC By COMMERCE AND INDUSTRY INSURANCE COMPANY Commercial Umbrella Liability Policy with CrisisRespunse Commercial General Liability Limitation Endorsement This policy is amended as follows Section V. EXCLUSIONS is amended to include the following additional exclusion Commercial General Liability This insurance does not apply to Commercial General Liability. However if insurance for Commercial General Liability is provided by Scheduled Underlying Insurance 1. This exclusion shall not apply and 2. Coverage under this policy for such liability 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. Provided however that coverage provided by this policy will be no broader than the coverage provided by Scheduled Underlying Insurance. All other terms definitions conditions and exclusions of this policy remain unchanged. Thono Bt Authorized Representative or Countersignature Where Applicable 87043 512 AH3240 | 2 |
ENDORSEMENT No. 10 This endorsement effective 1201 AM February 15 2016 Forms a part of policy no. 26275176 Issued to TRAYLOR PRECAST LLC By COMMERCE AND INDUSTRY INSURANCE COMPANY Commercial Umbrella Liability Policy with CrisisResponse Continuing or Progressively Deteriorating Damages Endorsement This policy is amended as follows Section VII. DEFINITIONS S. Occurrence Paragraph 1 is deleted in its entirety and replaced with the following 1. as respects Bodily Injury or Property Damage an accident including continuous or repeated exposure to substantially the same general harmful conditions which results in Bodily Injury or Property Damage neither expected nor intended from the standpoint of the Insured. In the event of continuing or progressively deteriorating damage over any length of time such damage shall be deemed to be one Occurrence and shall be deemed to occur only when such damage first commenced. All other terms definitions conditions and exclusions of this policy remaln unchanged. Authorized Representative or Countersignature Where Applicable 83126 1003 AH1259 | 2 |
ENDORSEMENT No. 11 This endorsement effective 12201 AM February 15 2016 Forms a part of policy no 26275176 Issued to TRAYLOR PRECAST LLC By COMMERCE AND INDUSTRY INSURANCE COMPANY Commercial Umbrella Liability Policy With CrisisResponse Contractors Limitation Endorsement This policy is amended as follows Section V. EXCLUSIONS is amended to include the following additional exclusions Contractors This insurance does not apply to 1. 2. Property Damage to any property or equipment leased by the Insured Property Damage to property being installed erected or worked upon by the Insured or by any agents or subcontractors of the Insured any liability arising out of any project insured under a wrap up or any similar rating plan any liability arising out of the rendering of or the failure to render professional services or any error omission or mistake of a professional nature performed by or on behalf of the Insured including but not limited to a. the preparation or approval of maps plans opinions reports surveys designs or specifications and b. supervisory inspection architectural engineering or surveying services. 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 b. the collapse of or structural injury to any building or structure due to 1 the grading of land paving excavating drilling burrowing filling back filling tunneling pile driving coffer dam or caisson work 2 the moving shoring underpinning raising or demolition of any building or structure or the removal or rebuilding of any structural support thereof or c. damage to or destruction of wires conduits pipes mains sewers tanks tunnels 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 burrowing filling back filling or pile driving or However if insurance for such Property Damage is provided by Scheduled Underlying Insurance a. exclusion 5. above will not apply and 86452 804 AH1433 Page 1 of 2 | 2 |
b. coverage under this policy for such 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. Provided however that coverage provided by this policy will be no broader than the coverage provided by Scheduled Underlying Insurance. 6. Any liability assumed by the Insured under any contract or agreement. However if insurance for Bodily Injury or Property Damage assumed by the Insured under any contract or agreement is provided by Scheduled Underlying Insurance c. exclusion 6. above will not apply and d. 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. Provided however that coverage provided by this policy will be no broader than the coverage provided by Scheduled Underlying Insurance. Section VII. DEFINITIONS M. Insured Paragraph 7. is deleted in its entirety and replaced by the following 7. Any person or organization other than the Named Insured included as an additional insured in the policies listed in Scheduled Underlying Insurance however a. coverage will not be broader than is available to such person or organization under such Scheduled Underlying Insurance and b. the coverage granted by this provision does not apply to any liability which results solely from the acts or omissions of such person or organization. Section VII. DEFINITIONS M. Insured is amended to include the following additional provision Any person organization trustee or estate to whom you are obligated by a written Insured Contract to provide insurance such as is afforded by this policy but only with respect to a. liability arising out of operations conducted by you or on your behalf b. facilities owned or used by you or c. liability arising solely from your acts or omissions. However 1. the coverage granted in this provision does not apply to any liability which arises solely from the acts or omissions of such person organization trustee or estate and 2. the most we will pay for damages under this policy on behalf of any person or organization to whom you are obligated by written Insured Contract to provide insurance such as is afforded by this endorsement is the lesser of the Limits of Insurance shown in Item 3. of the Declarations or the minimum Limits of Insurance you agreed to procure in such written Insured Contract. All other terms definitions conditions and exclusions of this policy remain unchanged. 17 O Authorized Representative or Countersignature Where Applicable 86452 804 AH1433 Page 2 of 2 | 2 |
ENDORSEMENT No. 12 This endorsement effective 12201 AM February 15 2016 Forms a part of policy no 26275176 Issued to TRAYLOR PRECAST LLC By COMMERCE AND INDUSTRY INSURANCE COMPANY Commercial Umbrella Liability Policy with CrisisResponse Cross Suits Exclusion Endorsement This policy is amended as follows Section V. EXCLUSIONS is amended to include the following exclusion Cross Suits This insurance does not apply to Bodily Injury Property Damage or Personal Injury and Advertising Injury to a Named Insured that is caused in whole or in part by any other Named Insured. All other terms definitions conditions and exclusions of this policy remain unchanged. Thont Bt Authorized Representative or Countersignature Where Applicable 80411 104 AH1268 | 2 |
ENDORSEMENT No. 13 This endorsement effective 1201 AM February 15 2016 Forms a part of policy no. 26275176 Issued to TRAYLOR PRECAST LLC By COMMERCE AND INDUSTRY INSURANCE COMPANY Commercial Umbrella Liability Policy with CrisisResponse Exterior Insulation and h Systems EIFS Exclusion Endorsement This policy is amended as follows Section V. EXCLUSIONS is amended to include the following additional exclusion Exterior Insulation and Finish Systems This insurance does not apply to Bodily Injury Property Damage or Personal Injury and Adve g Injury included within the Products Completed Operations Hazard arising in whole or in part out of the 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 part thereof including the application or use of paints conditioners primers accessories flashings coatings caulkings or sealants in connection with such product. All other terms definitions conditions and exclusions of this policy remain unchanged T B Authorized Representative or Countersignature Where Applicable 80423 0903 AH1201 | 2 |
ENDORSEMENT No. 14 This endorsement effective 1201 AM February 15 2016 Forms a part of policy no 26275176 Issued to TRAYLOR PRECAST LLC By COMMERCE AND INDUSTRY INSURANCE COMPANY Commercial Umbrella Liability Policy with CrisisResponse Employers Liability Stop Gap Limitation Endorsement This policy is amended as follows Section V. EXCLUSIONS is amended to include the following additional exclusion Employers Liability This insurance does not apply to Bodily Injury to any employee of the Insured arising out of and in the course of the employee s employment by the Insured. However if insurance for such Bodily Injury is provided by a policy listed in the Scheduled Underlying Insurance 1. The above exclusion shall not apply and 2. Coverage under this policy for such Bodily Injury 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. Provided however that coverage provided by this policy will be no broader than the coverage provided by Scheduled Underlying Insurance. All other terms definitions conditions and exclusions of this policy remain unchanged. Thonoci B Authorized Representative or Countersignature Where Applicable 82616 506 AH1887 | 2 |
ENDORSEMENT No. 15 This endorsement effective 1201 AM February 15 2016 Forms a part of policy no 26275176 Issued to TRAYLOR PRECAST LLC By COMMERCE AND INDUSTRY INSURANCE COMPANY Commercial Umbrella Liability Policy with CrisisResponseSM Foreign Liability Exclusion This policy is amended as follows Section V. EXCLUSIONS is amended to include the following additional exclusion Foreign Liability This insurance does not apply to Bodily Injury Property Damage or Personal Injury and Advertising Injury caused by an Occurrence that takes place outside the United States of America its territories or possessions Puerto Rico or Canada. All other terms definitions conditions and exclusions of this policy remain unchanged. Thosi B Authorized Representative or Countersignature Where Applicable 80431 0702 AHO0917 | 2 |
ENDORSEMENT No. 16 This endorsement effective 1201 AM February 15 2016 Forms a part of policy no. 26275176 Issued to TRAYLOR PRECAST LLC By COMMERCE AND INDUSTRY INSURANCE COMPANY Commercial Umbrella Liability Policy with CrisisResponse Fungus Exclusion Endorsement This policy is amended as follows Section V. EXCLUSIONS is amended to include the following additional exclusion This insurance does not apply to Bodily Injury Property Damage or Personal Injury and Advertising Injury or any other loss injury damage cost or expense including but not limited to losses costs or expenses related to arising from or associated with clean up remediation containment removal or abatement caused directly or indirectly in whole or in part by a. b. Any Fungusi Moldss mildew or yeast or Any Spores or toxins created or produced by or emanating from such Fungusi Molds mildew or yeast or Any substance vapor gas or other emission or organic or inorganic body or substance produced by or arising out of any Fungusi Molds mildew or yeast or Any material product building component building or structure or any concentration of moisture water or other liquid within such material product building component building or structure that contains harbors nurtures or acts as a medium for any Fungusi Molds mildew yeast or Spores or toxins emanating therefrom. Paragraphs a. b. c. and d. above apply regardless of any other cause event material product andor building component that contributed concurrently or in any sequence to that loss injury damage cost or expense. It is understood that to the extent any coverage may otherwise be provided under this policy or any of its endorsements the provisions of this exclusion will supercede. Section VII. DEFINITIONS is amended to include the following additional definitions Fungusii includes but is not limited to any of the plants or organisms belonging to the major group Fungi lacking chlorophyll and including molds rusts mildews smuts and mushrooms. Molds includes but is not limited to any superficial growth produced on damp or decaying organic matter or on living organisms and fungi that produce molds. Spores means any dormant or reproductive body produced by or arising or emanating out of any Fungusi Molds mildew plants organisms or microorganisms. All other terms definitions conditions and exclusions of this policy remain unchanged. AAAG ORIN3 o Auth ed Representative or Countersignature Where Applicable Doane 1 E 1 82449 0603 AH1257 Page 1 of 1 | 2 |
ENDORSEMENT No. 17 This endorsement effective 1201 AM February 15 2016 Forms a part of policy no 26275176 Issued to TRAYLOR PRECAST LLC By COMMERCE AND INDUSTRY INSURANCE COMPANY Commercial Umbrella Liability Policy with CrisisResponse Lead Exclusion Endorsement This policy is amended as follows Section V. EXCLUSIONS is amended to include the following additional exclusion Lead This insurance does not apply to any liability arising out of lead or the lead content of products. It is understood that to the extent any coverage may otherwise be provided under this policy or any of its endorsements the provisions of this exclusion will supersede. All other terms definitions conditions and exclusions of this policy remain unchanged. Thonoci B Authorized Representative or Countersignature Where Applicable 86471 206 AH1891 | 2 |
ENDORSEMENT No. 18 This endorsement effective 1201 AM February 15 2016 Forms a part of policy no 26275176 Issued to TRAYLOR PRECAST LLC By COMMERCE AND INDUSTRY INSURANCE COMPANY Commercial Umbrella Liability Policy with CrisisResponse Silica Exclusion Endorsement This policy is amended as follows Section V. EXCLUSIONS is amended to include the following additional exclusion This insurance does not apply to Any liability arising out of Silica Silica fibers or Silica Dust or any products containing Silica Silica fibers or Silica Dust. Section VII. DEFINITIONS is amended to include the following additional definitions Silica means 1. The substance commonly known as Silica and 2. Any substance or product which has the same or substantially similar chemical formulation structure or function as Silica by whatever name manufactured formulated structured sold or distributed. Silica Dust means 1. Dust comprising of Silica only and 2. Dust comprising of Silica mixed with other dust or fibers including but not limited to asbestos fibers. It is understood that to the extent any coverage may otherwise be provided under this policy or any of its endorsements the provisions of this exclusion will supercede. All other terms definitions conditions and exclusions of this policy remainyahanged. A B Authorized Representative or Countersignature Where Applicable 80479 0203 AH1061 | 2 |
ENDORSEMENT No. 19 This endorsement effective 1201 AM February 15 2016 Forms a part of policy no 26275176 Issued to TRAYLOR PRECAST LLC By COMMERCE AND INDUSTRY INSURANCE COMPANY Commercial Umbrella Liability Policy with CrisisResponseSM Subsidence Exclusion This policy is amended as follows Section V. EXCLUSIONS is amended to include the following additional exclusion Subsidence This insurance does not apply to any liability arising out of subsidence settling sinking slipping falling away caving in shifting eroding mud flow rising tilting or any other movement of land or earth. All other terms definitions conditions and exclusions of this policy remain unchanged. Thonoci B Authorized Representative or Countersignature Where Applicable 80488 0702 AH0967 | 2 |
ENDORSEMENT No. 20 This endorsement effective 1201 AM February 15 2016 Forms a part of policy no 26275176 Issued to TRAYLOR PRECAST LLC By COMMERCE AND INDUSTRY INSURANCE COMPANY Commercial Umbrella Liability Policy with CrisisResponse Total Pollution Exclusion This policy is amended as follows Section V. EXCLUSIONS Paragraph Q. Pollution is deleted in its entirety and replaced by the following Pollution This insurance does not apply to 1. Any Bodily Injury Property Damage or Personal Injury and Advertising Injury arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of Pollutants anywhere at any time 2. Any loss cost or expense arising out of any request demand order or statutory or regulatory requirement that the Insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of Pollutants or 3. Any loss cost or expense arising out of any claim or Suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of Pollutants. All other terms definitions conditions and exclusions of this policy remain unchanged. Thosi B Authorized Representative or Countersignature Where Applicable 80514 0702 AH0976 | 2 |
BITCO INSURANCE C OMPANIES Member of Old Republic Compan BITCO General Insurance Corporation CAPITAL STOCK INSURANCE COMPANIES 3700 MARKET SQUARE CIRCLE DAVENPORT IOWA 52807 Toll Free Number 1 800 475 4477 CUP 2821728 GU4843 0416 ST.LOUIS BR | 2 |
NOTICE BITCO BRANCH CLAIM OFFICES 14301 FNB Parkway Ste. 217 Linden Place Omaha NE 68154 Tel 402 614 7880 866 562 6996 toll free Fax 402 614 5763 P.O. Box 12936 Oklahoma Citv. OK 73157 2936 Tel 405 767 2064 800 947 0809 toll free Fax 833 224 1039 Foster Plaza Five 651 Holiday Drive Ste. 220 Pittsburah PA 15220 2757 Tel 412 937 9000 800 253 1232 toll free Fax 833 224 1041 P.O. Box 10347 Knoxville TN 37939 0347 Tel 865 588 8157 800 374 2318 toll free Fax 865 558 8658 1701 Centerview Drive Ste. 203 Little Rock AR 72211 Tel 501 224 3080 800 876 8147 toll free Fax 844 712 8156 3700 Crestwood Parkway Ste. 650 Duluth GA 30096 5599 Tel 770 923 7551 800 822 2905 toll free 844 377 4676 Fax P.O.Box 718 Shawnee Mission KS 66201 0718 Tel 913 262 4664 800 821 5354 toll free Fax 855 227 6973 111 Veterans Blvd. Ste. 404 Metairie LA 70005 3043 Tel 504 837 5480 800 605 0311 toll free Fax 833 224 1038 P.O. Box 291689 Nashville TN 37229 1689 Tel 615 871 9042 800 342 5786 toll free Fax 833 224 1037 P.O. Box 65605 West Des Moines IA 50265 0605 Tel 515 223 1122 800 383 1122 toll free Fax 844 462 2024 P.O. Box 167968 Irvina. TX 75016 7968 Tel 972 506 9591 800 683 9591 toll free Fax 833 224 1042 9901 IH 10 West Ste. 1050 San Antonio TX 78230 Tel 210 340 8199 888 857 8031 toll free Fax 844 250 1519 300 N. Meridian Ste. 920 Indianapolis IN 46204 Tel 317 243 6721 800 382 9991 toll free Fax 844 371 2497 12600 W. Colfax Ave. Ste. B310 Lakewood CO 80215 Tel 303 985 9494 877 746 1748 toll free Fax 833 224 1035 10733 Sunset Office Drive Ste. 430 St. Louis MO 63127 1033 Tel 314 822 4446 800 723 8632 toll free Fax 833 224 1034 P.O. Box 1210 Brookfield Wl 53008 1210 Tel 262 792 9254 800 242 6258 toll free Fax 833 224 1036 4252 Carmichael Road Ste. 231 Montaomerv AL 36106 2804 Tel 334 215 0633 800 239 7400 toll free Fax 334 244 1194 P.O. Box 474630 Charlotte NC 28247 Tel 704 341 3725 800 642 2507 toll free Fax 833 200 2221 5920 NE Ray Circle Ste. 250 Hillsboro. OR 97124 Tel 503 686 7006 844 794 7394 toll free Fax 503 430 0739 HOME OFFICE 3700 Market Square Circle Davenport IA 52807 TELEPHONE NUMBER 563 232 0499 TOLL FREE NUMBER 1 800 475 4477 GU4845 0819 | 2 |
NOTICE PRIVACY STATEMENT BITCO Insurance Companies is strongly committed to protecting the confidentiality of our customers non public personal information. We collect information about our customers on a routine basis. The collection of this information is necessary to effect administer or enforce a transaction that you our customer have authorized. Even after our business relationship ends your personal information remains confidential. This notice describes our privacy policy and explains how we treat the information we receive about you. Information about you is collected through your application for insurance or submission of a claim. This information may include but is not limited to Identification Information such as name address Social Security Number employer identification number date of birth age and gender. Personal Financial Information such as credit history bank account information employment history wage history and bankruptcy information. Medical Information such as a physician s diagnosis and injury information. Other Information such as motor vehicle reports courthouse records policeffire reports and reports from government agencies i.e. Department of Transportation Environmental Protection Agency. How We Use Your Information We use the information about you to conduct normal business activities as requested by you our customer. Normal business includes servicing or processing an insurance product or service requested by you Underwriting of your insurance coverage and processing claims on your coverage are normal business activities in which we engage. How We Disclose Your Information We may disclose information necessary to conduct normal business activity or activities required by law or regulation. Information may be disclosed to others to enable them to provide a business service to us. Examples of this situation would be outside medical payment review independent adjusters servicing claims and data gathering organizations needing information for establishing rates. Information may also be sent to regulatory agencies state insurance departments or law enforcement agencies for the prevention of fraud. We may make other disclosures of information as permitted or required by law within the scope of normal business activities. We do not make disclosures of information for the purpose of cross selling or marketing nonaffiliated third parties products or services. For example we do not and will not sell your name to a mail order catalog company or other marketing ventures. How We Protect and Secure Information Access to your non public personal information is restricted to those who need to know your information to provide products or services to you. Our employees are required to protect and maintain the confidentiality of your information. Employees must follow and comply with established policies and procedures regarding customer privacy. We maintain physical electronic and procedural safeguards to secure your nonpublic personal information Former Customers The above privacy statement remains in force when a customer relationship no longer exists with you. BITCO Insurance Companies will always keep your nonpublic personal information confidential Questions If you have any questions regarding this privacy statement please contact our privacy coordinator at 1 800 475 4477 BITCO General Insurance Corporation BITCO National Insurance Company GU3076 0416 | 2 |
ADVISORY NOTICE TO POLICYHOLDERS U.S. TREASURY DEPARTMENT S OFFICE OF FOREIGN ASSETS CONTROL OFAC NO COVERAGE IS PROVIDED BY THIS POLICYHOLDER NOTICE NOR CAN IT BE CONSTRUED TO REPLACE ANY PROVISIONS OF YOUR POLICY. YOU SHOULD READ YOUR POLICY AND REVIEW YOUR DECLARATIONS PAGE FOR COMPLETE INFORMATION ON THE COVERAGES YOU ARE PROVIDED. THIS NOTICE PROVIDES INFORMATION CONCERNING POSSIBLE IMPACT ON YOUR INSURANCE COVERAGE DUE TO DIRECTIVES ISSUED BY OFAC. PLEASE READ THIS NOTICE CAREFULLY. The Office of Foreign Assets Control OFAC administers and enforces sanctions policy based on Presidential declarations of national emergency. OFAC has identified and listed numerous Foreign agents Front organizations Terrorists Terrorist organizations and Narcotics traffickers As Specially Designated Nationals and Blocked Persons. This list can be located on the United States Treasury s web site httpwww.treas.govofac. 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 or premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. Copyright Insurance Services Office Inc. 2003 GU4320 0504 Page 1 of 1 | 2 |
BITCO INSURANCE COMPANIES Issuing and Policyholder Servicing Office 3700 Market Square Circle Davenport IA 52807 POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE You are hereby notified that under the Terrorism Risk Insurance Act as amended you have a right to purchase insurance coverage for losses resulting from acts of terrorism as aetinea in Section 1021 of the Act The term act of terrorism means any act that is certified by the Secretary of the Treasury in consultation with the Secretary of Homeland Security and the Attorney General of the United States to be an act of terrorism to be a violent act or an act that is dangerous to human life property or infrastructure to have resulted in damage within the United States or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion YOU SHOULD KNOW THAT WHERE COVERAGE IS PROVIDED BY THIS POLICY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM SUCH LOSSES MAY BE PARTIALLY REIMBURSED BY THE UNITED STATES GOVERNMENT UNDER A FORMULA ESTABLISHED BY FEDERAL LAW. HOWEVER YOUR POLICY MAY CONTAIN OTHER EXCLUSIONS WHICH MIGHT AFFECT YOUR COVERAGE SUCH AS AN EXCLUSION FOR NUCLEAR EVENTS. UNDER THE FORMULA THE UNITED STATES GOVERNMENT GENERALLY REIMBURSES 80 OF COVERED TERRORISM LOSSES EXCEEDING THE STATUTORILY ESTABLISHED DEDUCTIBLE PAID BY THE INSURANCE COMPANY PROVIDING THE COVERAGE. THE PREMIUM CHARGED FOR THIS COVERAGE IS PROVIDED BELOW AND DOES NOT INCLUDE ANY CHARGES FOR THE PORTION OF LOSS THAT MAY BE COVERED BY THE FEDERAL GOVERNMENT UNDER THE ACT. YOU SHOULD ALSO KNOW THAT THE TERRORISM RISK INSURANCE ACT AS AMENDED CONTAINS A 100 BILLION CAP THAT LIMITS U.S. GOVERNMENT REIMBURSEMENT AS WELL AS INSURERS LIABILITY FOR LOSSES RESULTING FROM CERTIFIED ACTS OF TERRORISM WHEN THE AMOUNT OF SUCH LOSSES IN ANY ONE CALENDAR YEAR EXCEEDS 100 BILLION. IF THE AGGREGATE INSURED LOSSES FOR ALL INSURERS EXCEED 100 BILLION YOUR COVERAGE MAY BE REDUCED Acceptance or Reijection of Terrorism Insurance Coveraae FAILURE TO RETURN THIS SIGNED FORM PRIOR TO POLICY INCEPTION INDICATING AN ELECTION TO PURCHASE TERRORISM COVERAGE AS DEFINED BY THE ACT WILL BE DEEMED YOUR REJECTION OF TERRORISM COVERAGE. HOWEVER PAYMENT OF THE TERRORISM PREMIUM PRIOR TO POLICY INCEPTION WILL BE DEEMED AN ACCEPTANCE OF THIS OFFER OF TERRORISM COVERAGE. Please indicate vour section by an X hereby elect to purchase terrorism coverage for a prospective premium of 7. N hereby decline to purchase terrorism coverage for certified acts of terrorism. understand that will have no coverage for losses resulting from certified acts of terrorism. WICHITA CORING CUTTING INC. CuP 2 821 728 Name of Insured Policy Number BITCO GENERAL INSURANCE CORP. 110121 Name of Insurer Effective Date Policyholder Applicant s Signature Date Print Name BITCO INSURANCE COMPANIES BITCO General Insurance Corporation BITCO National Insurance Company GU4871 0920 | 2 |
COMMERCIAL UMBRELLA POLICY DECLARATIONS BITCO GENERAL INSURANCE CORPORATION A CAPITAL STOCK INSURANCE COMPANY 3700 MARKET SQUARE CIRCLE DAVENPORT IOWA 52807 PoLicy No. CUP 2 821 728 B Renewal of No. CUP 2 818 813 B NAMED INSURED AND MAILING ADDRESS WICHITA CORING CUTTING INC. MORT CO. LLC 120 W. 72ND STREET SUITE 200 KANSAS CITY MO 64114 POLICY PERIOD From 110121 to 110122 1201 A.M. Standard Time at your mailing address shown above. FORM OF BUSINESS Individual Partnership Limited Liability Company Joint Venture X Organization Other than Partnership Limited Liability Company or Joint Venture Business Description General contractor IN RETURN FOR THE PAYMENT OF THE PREMIUM AND SUBJECT TO ALL THE TERMS OF THIS POLICY WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY. LIMIT OF INSURANCE Policy Aggregate Limit 1000000. Self Insured Retention 10000. Each Occurrence or Offense not Covered by Underlying Insurance SCHEDULE OF UNDERLYING INSURANCE TYPE OF INSURANCE AUTOMOBILE LIABILITY GENERAL LIABILITY EMPLOYERS LIABILITY Company BITCO General BITCO General BITCO General Policy No. CAP 3 710 352 B CLP 3 710 350 B WC 3 710 354 Policy From 110121 From 110121 From 110121 Period To 110122 To 110122 To 110122 Each Accident General Aggregate Bodily Injury Each Accident 1000000. 2000000. 1000000. Limits Products Comp. Oper. Aggregate Bodily Injury By Disease Pol. Limit of 2000000. 1000000. Liability Personal and Advertising Injury Bodily Injury By Disease Each Emp. 1000000. 1000000. Each Occurrence 1000000. THE TOTAL ADVANCE PREMIUMIS 3.085. Includes 7. terrorism X Premium is a Flat Premium Charge. Premium Adjustable At Rate of per of or of liability premium for underlying policies X Subject to Minimum Premium of 3085. ENDORSEMENTS ATTACHED TO THIS POLICY See Schedule of Forms and Endorsements Countersigned By Date Authorized Representative 110122 1201 A.M. Standard Time at your mailing address 6979 Insured Copy CUP D 00 01 0416 | 2 |
SCHEDULE OF FORMS AND ENDORSEMENTS NAMED INSURED POLICY NUMBER WICHITA CORING CUTTING INC. CUP 2 821 728 GU3076 04 16 OTICE P ATEEN GU4320 05 04 ADVISORY LICYHOLDERS U.S. TREASURY DEPTS OFFICE OF FORE ROL OFAC GU4871 09 20 OLICYHOL E NOTICE OF TERRORISM INSURANCE COVERAGE CUP 00 01D 04 16 COMMERC LICY DECLARATIONS COX2279 12 92 SCHEDULE ENDORSEMENTS CUP 00 05 01 19 COMMERC ABILITY POLICY COVERAGE FORM CUP 00 13 02 99 EXCLUSIO ON MANAGEMENT ERRORS AND OMISSIONS CUP 00 40 03 97 EMPLOVEE ILITY EXCESS COVERAGE CUP 00 69 02 99 CONTRAC N ENDORSEMEN CUP 00 91 03 02 EXCLUSIO BACTERIA CUP 00 95 01 15 CAP ON TIFIED ACTS OF TERRORISM CUP 00 98 02 04 SILICA CUP 01 28 03 97 KANSAS C CUP 03 04 01 15 EXCLUSION DAMAGES RELATED TO A CERTIFIED ACT OF TERRORISM CUP 03 11 09 05 EXCLUSION CUP 03 12 01 07 BLNKE C DESIGNATED OPERATIONS COVERED BY A CONSOLIDATED NSURA CUP 03 13 01 07 BLANKE SFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US CUP 03 20 12 13 EXCLUSION NSULATION AND FINISH SYSTEMS CUP 24 73 10 00 EXCLUSION IL 09 85 12 20 DISCLOSU ERRORISM RISK INSURANCE ACT U4320 05 04 ADVISORY NOTICE TO POLICYHOLDERS U.S. TREASURY DEPTS OFFICE OF FOREIGN ASSETS CONTROL OFAC U4871 09 20 OLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE UP 00 01D 04 16 COMMERCIAL UMBRELLA POLICY DECLARATIONS 0X2279 12 92 SCHEDULE OF FORMS AND ENDORSEMENTS UP 00 05 01 19 COMMERCIAL UMBRELLA LIABILITY POLICY COVERAGE FORM UP 00 13 02 99 EXCLUSION CONSTRUCTION MANAGEMENT ERRORS AND OMISSIONS UP 00 40 03 97 EMPLOYEE BENEFITS LIABILITY EXCESS COVERAGE UP 00 69 02 99 CONTRACTORS LIMITATION ENDORSEMEN UP 00 91 03 02 EXCLUSION FUNGUS OR BACTERIA UP 00 95 01 15 CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM UP 00 98 02 04 SILICA EXCLUSIO UP 01 28 03 97 KANSAS CHANGES UP 03 04 01 15 EXCLUSION OF PUNITIVE DAMAGES RELATED TO A CERTIFIED ACT OF TERRORISH UP 03 11 09 05 EXCLUSION OF TERRORIS UP 03 12 01 07 BLANKET EXCLUSION DESIGNATED OPERATIONS COVERED BY A CONSOLIDATED NSURANCE PROGRAM UP 03 13 01 07 BLANKET WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US UP 03 20 12 13 EXCLUSION EXTERIOR INSULATION AND FINISH SYSTEMS UP 24 73 10 00 EXCLUSION LEAD L 09 85 12 20 DISCLOSURE PURSUANT TO TERRORISM RISK INSURANCE ACT POLICYHOLDERS U.S. TREASURY DEPTS OFFICE CONTROL QFAC OSURE NOTICE OF TERRORISM INSURANCE COVERAGE A POLICY DECLARATIONS AND ENDORSEMENTS A LIABILITY POLICY COVERAGE FORM UCTION MANAGEMENT ERRORS AND OMISSIONS LIABILITY EXCESS COVERAGE ATION ENDORSEMENT OR BACTERIA CERTIFIED ACTS OF TERRORISM GOX2279 1292 | 2 |
BITCO GENERAL INSURANCE CORPORATION COMMERCIAL UMBRELLA LIABILITY POLICY PLEASE READ THIS POLICY CAREFULLY TO DETERMINE RIGHTS DUTIES COVERAGE AND COVERAGE RESTRICTIONS. The words you and your in this policy refer to the Named Insured in the Declarations. The words we us and our refer to the company providing this insurance. The word insured refers to any person or organization qualifying as such under SECTION Il WHO IS INSURED. Other words and phrases that appear in quotation marks have special meaning. Refer to SECTION VI DEFINITIONS. SECTION COVERAGES In consideration of the payment of premium and subject to the Limit of Insurance shown in the Declarations page and all the exclusions terms and conditions of this policy we agree with you as follows COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY 1. INSURING AGREEMENT a. We will pay on behalf of the insured the ultimate net loss in excess of the retained limit because of bodily injury or property damage caused by an occurrence which takes place during the policy period and in the coverage territory. No other obligation or liability to pay or perform acts or services is covered unless explicitly provided for under SECTION Il DEFENSE AND SUPPLEMENTARY PAYMENTS COVERAGES A and B This insurance applies to bodily injury and property damage only if prior to the policy period no insured listed under Paragraph 1. of SECTION Il WHO IS AN INSURED and no employee authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. 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 1. of SECTION IIl 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. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of SECTION Il WHO IS AN INSURED or any employee authorized by you to give or receive notice of an occurrence or claim 1 Reports all or any part of the bodily injury or property damage to us or any other insurer or 2 Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or CUP 000501 19 Page 1 0f 26 Page 1 of 26 | 0 |
BITCO GENERAL INSURANCE CORPORATION 3 Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. 2. EXCLUSIONS This insurance does not apply to a. Bodily injury or property damage either expected or intended from the standpoint of any insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. Bodily injury or property damage arising out of or alleged to have arisen out of the manufacture production use installation removal encapsulation enclosing or disposal of asbestos or any materials containing asbestos. 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 Liability imposed on the insured or an underlying insurer under any of the following 1 Any uninsured motorists underinsured motorists first party bodily injury or property damage or any automobile no fault law or any similar law 2 Any workers compensation disability benefits or unemployment compensation law or any similar law 3 The Employee Retirement Income Security Act of 1974 as now or hereafter amended or 4 Arising out of the administration of any employee benefit plan. Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft owned operated by rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion does not apply to the extent that you are obligated to pay by reason of the assumption of liability in an insured contract. Aircraft includes any unmanned aircraft. This paragraph 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 unmanned aircraft that is owned or operated by or rented or loaned to any insured. CUP 000501 19 Page 2 of 26 Page 2 of 26 | 1 |
BITCO GENERAL INSURANCE CORPORATION Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any watercraft owned operated by rented or loaned to any insured. Use includes operation and loading and unloading. This exclusion does not apply if insurance for such bodily injury or property damage is provided by underlying insurance however coverage for such bodily injury or property damage is subject to the same exclusions and limitations as are applicable in the underlying insurance. Exclusion f. 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 watercraft that is owned or operated by or rented or loaned to any insured. Bodily injury or property damage however caused arising directly or indirectly out of 1 War including undeclared or civil war 2 Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or 3 Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of 1 Your product 2 Your work or 3 Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. Property damage to 1 Property a 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 or b Owned or transported by the insured and arising out of the ownership maintenance or use of a covered auto 2 Premises you sell give away or abandon if the property damage arises out of any part of those premises 3 Property loaned to you 4 Personal property in the care custody or control of the insured CUP 000501 19 Page 3 of 26 | 1 |
BITCO GENERAL INSURANCE CORPORATION 5 That particular part of real property on which you or any contractor or subcontractor working directly or indirectly on your behalf is performing operations if the property damage arises out of those operations 6 That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it 7 Aircraft or watercraft rented loaned or chartered to used by or in the care custody or control of any insured 8 Your product arising out of it or any part of it 9 Your work arising out of it or any part of it and included in the Products Completed Operations Hazard. This does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor 10 Impaired property or property that has not been physically injured arising out of a A defect deficiency inadequate or dangerous condition in your product or your work or b A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. Paragraph 2 of exclusion i. does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraph 1b 3 4 5 and 6 of exclusion i. do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of exclusion i. does not apply to property damage included in the Products Completed Operations Hazard. Paragraph 10 of exclusion i. 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. Bodily injury to 1 An employee executive officer or director 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. executive officer or director This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to liability assumed by the insured under an insured contract CUP 000501 19 Page 4 of 26 | 1 |
BITCO GENERAL INSURANCE CORPORATION With respect to injury arising out of a covered auto this exclusion does not apply to bodily injury to domestic employees not entitled to workers compensation benefits. For the purposes of this insurance a domestic employee is a person engaged in household or domestic work performed principally in connection with a residence premises This exclusion does not apply to the extent that valid underlying insurance for the employer s liability risks described above exists or would have existed but for the exhaustion of underlying limits for bodily injury. Coverage provided will follow the provisions exclusions and limitations of the underlying insurance unless otherwise directed by this insurance. 1 To bodily injury or property damage a With respect to which an insured under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability or 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 i 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 bodily injury or property damage resulting from hazardous properties of nuclear material if a The nuclear material i is at any nuclear facility owned by operated by or on behalf of an insured or i has been discharged or dispersed therefrom. b The nuclear material is contained in spent fuel or waste at any time possessed handled used processed stored transported or disposed of by or on behalf of an insured or c The bodily injury or property damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this exclusion c applies only to property damage to such nuclear facility and any property thereat. As used in this policy Hazardous properties includes 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. CUP 000501 19 Page 5 of 26 | 1 |
BITCO GENERAL INSURANCE CORPORATION Waste means any waste material a containing by product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content and b resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility. Nuclear facility means a Any nuclear reactor b 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 c 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 d Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioactive contamination of property. Damages arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. As used in this exclusion electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment Bodily injury or property damage arising directly or indirectly out of any action or omission that violates or is alleged to violate 1 The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law 2 The CAN SPAM Act of 2003 including any amendment of or addition to such law 3 The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transaction Act FACTA or 4 Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. CUP 000501 19 Page 6 of 26 | 1 |
BITCO GENERAL INSURANCE CORPORATION n. Bodily injury to 1 Aperson arising out of any a Refusal to employ that person b Termination of that person s employment or c Employment related practices policies acts or omissions such as coercion demotion evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at that person 2 The spouse child parent brother or sister of any person included in paragraph 1. above as a consequence of bodily injury to that person at whom any of the employment related practices described in paragraphs 1 a b or c above is directed. This exclusion applies whether the injury causing event described in Paragraph 1 a b or c above occurs before employment during employment or after employment of that person. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. Bodily injury or property damage arising out of or alleged to have arisen out of the ownership maintenance use entrustment to others sponsorship or affiliation with any racing vehicle. As used in this exclusion the term racing vehicle means any self propelled vehicle which is designed for or used at any time in racing activities whether against other similar vehicles in formal or informal competitions or in demonstration activities whether on public roads or highways or off public roads or highways. Racing vehicle includes but is not limited to any dragster funny car hot rod Indy car stock car midget car or any similar self propelled vehicle. Bodily injury or property damage arising out of the rendering of or failure to render any professional services by you or on your behalf but only with respect to either or both of the following operations 1 Providing engineering architectural or surveying services to others in your capacity as an engineer architect or surveyor and 2 Providing or hiring independent professionals to provide engineering architectural or surveying services in connection with construction work you perform. Professional services include 1 Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications and 2 Supervisory or inspection activities performed as part of any related architectural or engineering activities. Professional services do not include services within construction means methods techniques sequences and procedures employed by you in connection with your operations in your capacity as a construction contractor. CUP 000501 19 Page 7 of 26 | 1 |
BITCO GENERAL INSURANCE CORPORATION Bodily injury or property damage arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants at any time or Any loss cost or expense arising out of any a Request demand or order that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or b Claim or Suit 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. Pollutants means any solid liquid gaseous or thermal irritant or contaminants including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY 1. INSURING AGREEMENT a. We will pay on behalf of the insured the ultimate net loss in excess of the retained limit because of personal and advertising injury to which this insurance applies. No other obligation or liability to pay or to perform acts or services is covered unless explicitly provided for under SECTION Il DEFENSE AND SUPPLEMENTARY PAYMENTS COVERAGE A AND B. This insurance applies to personal and advertising injury only if caused by an offense 1 Committed in the coverage territory during the policy period and 2 Arising out of your business 2. EXCLUSIONS This insurance does not apply to a. Personal and advertising injury 1 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. 2 Arising out of oral or written publication of material if done by or at the direction of the insured with knowledge of its falsity. 3 Arising out of oral or written publication of material whose first publication took place before the beginning of the policy period. 4 Arising out of a criminal act committed by or at the direction of any insured. 5 For which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. 6 Arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement 7 Arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement CUP 000501 19 Page 8 of 26 Page 8 of 26 | 1 |
BITCO GENERAL INSURANCE CORPORATION 10 13 Arising out of the wrong description of the price of goods products or services stated in your advertisement. Committed by an insured whose business is a Advertising broadcasting publishing or telecasting b Designing or determining content of websites for others or c Aninternet search access content or service provider. However this exclusion does not apply to Paragraphs 16.a. b.. and f. of personal and advertising injury under the Definitions Section 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. Arising out of the 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 your advertisement However this exclusion does not apply to infringement in your advertisement of copyright trade dress or slogan. Arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control Arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. a To a person arising out of any i Refusal to employ that person i Termination of that person s employment or i 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. b To the spouse child parent brother or sister of any person included in paragraph a above as a consequence of personal and advertising injury to that person at whom any of the employment related practices described in paragraphs a i i or iii above is directed. This exclusion applies whether the injury causing event described in Paragraph a i ii or iiiy above occurs before employment during employment or after employment of that person This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury CUP 000501 19 Page 9 of 26 | 1 |
BITCO GENERAL INSURANCE CORPORATION 14 17 Arising directly or indirectly out of any action or omission that violates or is alleged to violate a The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law b The CAN SPAM Act of 2003 including any amendment of or addition to such law c The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transaction Act FACTA or d Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. However caused arising directly or indirectly out of a b c 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. Arising out of the rendering of or failure to render any professional services by you or on your behalf but only with respect to either or both of the following operations a b Providing engineering architectural or surveying services to others in your capacity as an engineer architect or surveyor and Providing or hiring independent professionals to provide engineering architectural or surveying services in connection with construction work you perform. Professional services include a b Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications and Supervisory or inspection activities performed as part of any related architectural or engineering activities. Professional services do not include services within construction means methods techniques sequences and procedures employed by you in connection with your operations in your capacity as a construction contractor. Arising out of or alleged to have arisen out of the manufacture production use installation removal encapsulation enclosing or disposal of asbestos or any materials containing asbestos. CUP 000501 19 Page 10 of 26 | 1 |
BITCO GENERAL INSURANCE CORPORATION 18 19 Arising out of the ownership maintenance use or entrustment to others of any aircraft that is an unmanned aircraft. 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 offense which caused the personal and advertising injury involved the ownership maintenance use or entrustment to others of any aircraft that is an unmanned aircraft. Arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants any time or Any loss cost or expense arising out of any a Request demand or order that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or Claim or Suit on behalf of a government authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. Pollutants means any solid liquid gaseous or thermal irritant or contaminants including smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. SECTION Il DEFENSE AND SUPPLEMENTARY PAYMENTS COVERAGES A AND B We have the right to defend any claim or suit against the insured seeking damages to which this insurance applies but 1. The amount we will pay for ultimate net loss is limited as described in SECTION IV LIMIT OF INSURANCE 2. At our discretion we may investigate any occurrence or offense and settle any claim or suit that may result 3. We will have no duty to defend any claim or suit that any other insurer has a duty to defend. If no other insurer defends we may undertake to do so but we will be entitled to the insureds rights against all other insurers 4. We have a duty to defend any claims or suits which are covered by this policy but not covered by any underlying insurance. We also have the duty to defend such claims or suits if the applicable limit of underlying insurance is used up but both our right and duty to defend any existing or future suits end when we have used up the applicable limit of insurance in the payment of judgments or settlements. When we have the duty to defend we will pay for a. All expenses we incur. b. Up to 250 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which this policy applies. We do not have to furnish these bonds. c. 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. CUP 000501 19 Page 11 of 26 | 1 |
BITCO GENERAL INSURANCE CORPORATION All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings up to 250 a day because of time off from work. All costs taxed against the insured in any suit we defend. Prejudgment interest awarded against the insured on that part of any judgment covered under this policy. If we offer the applicable limit of insurance in settlement of a claim or suit we will not pay for any prejudgment interest imposed or earned after the date of such offer. All interest earned on that part of any judgment within the limit of insurance after entry of judgment and before we have paid offered to pay or deposited in court that part of any judgment that is within the applicable limit of insurance. These payments will not reduce the limits of insurance. If we defend an insured against a suit and an indemnitee of the insured is also named as a party to the suit we will defend that indemnitee if all of the following conditions are met a. The suit against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an insured contract This insurance applies to such liability assumed by the insured The obligation to defend or the cost of the defense of that indemnitee has also been assumed by the insured in the same insured contract The allegations in the suit and the information we know about the occurrence or offense are such that no conflict appears to exist between the interests of the insured and the interests of the indemnitee The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such suit and agree that we can assign the same counsel to defend the insured and the indemnitee and The indemnitee 1 Agrees in writing to a Cooperate with us in the investigation settlement or defense of the suit b Immediately send us copies of any demands notices summonses or legal papers received in connection with the suit c Notify any other insurer whose coverage is available to the indemnitee and d Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee and 2 Provides us with written authorization to a Obtain records and other information related to the suit and b Conduct and control the defense of the indemnitee in such suit. CUP 000501 19 Page 12 of 26 | 1 |
BITCO GENERAL INSURANCE CORPORATION So long as the above conditions are met attorneys fees incurred by us in the defense of that indemnitee necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of paragraph 2.c.2 of COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY SECTION COVERAGES such payments will not be deemed to be damages for bodily injury and property damage and will not reduce the limits of insurance. Our Obligation to defend an insured s indemnitee and to pay for attorneys fees and necessary litigation expenses as Supplementary Payments ends when a. We have used up the applicable limit of insurance in the payment of judgments or settiements or b. The conditions set forth above or the terms of the agreement described in paragraph f. above are no longer met. SECTION Iil WHO IS INSURED If you are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. An organization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. A trust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees Each of the following is also an insured a. Your volunteer workers 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 1 Bodily injury or personal and advertising injury a Toyou to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company or to a coemployee while that co employee is either 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 unless such employee or volunteer worker is insured under any policy of underlying insurance. The coverage afforded such insureds under this policy will be no broader than the underlying insurance except for the policy s limit of insurance CUP 000501 19 Page 13 of 26 | 1 |
BITCO GENERAL INSURANCE CORPORATION b To the spouse child parent brother or sister of that coemployee or volunteer worker as a consequence of 1a above c For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in paragraphs 1a or b above or d Arising out of his or her providing or failing to provide professional health care services. 2 Property damage to property a Owned occupied or used by or b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by or loaned to you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. b. Any person other than your employee or volunteer worker or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. d. Your legal representative if you die but only with respect to their duties as such. That representative will have all your rights and duties under this policy. 3. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as a Named Insured if there is no other similar insurance available to that organization. However a Coverage under this provision is afforded only until the 90th day after you acquire or form the organization or the end of the policy period whichever is earlier b Coverage is applicable only in excess of the limits of underlying insurance as shown in the Declarations Page and you must add such organization to your underlying insurance as soon as practicable advising us of such additions. We may then make adjustment of premium charges as called for in Condition 9. Maintenance of Underlying Insurance c Coverage does not apply to bodily injury or property damage that occurred before you acquired or formed the organization and d Coverage does not apply to personal and advertising injury arising out of an offense committed before you acquired or formed the organization. 4. Any person or organization not described in Paragraphs 2.a. 2.b. 2.c. 2.d. or 3 above which qualifies as an insured in any underlying insurance. However that person or organization is an insured only for damages a Which are covered by this insurance and b Which are covered by the underlying insurance or would be covered had its applicable limit of insurance not been used up. CUP 000501 19 Page 14 of 26 Page 14 of 26 | 1 |
BITCO GENERAL INSURANCE CORPORATION 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. SECTION IV LIMIT OF INSURANCE The limit of insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. insureds b. Claims made or suits brought c. Persons or organizations making claims or bringing suits or d. Coverages provided under this policy. The policy aggregate limit is the most we will pay for a. All ultimate net loss under Coverage A and Coverage B except ultimate net loss because of injury or damage arising from the automobile hazard. However the policy aggregate will apply separately to 1 Each underlying insurance policy which has an aggregate limit or a policy limit and 2 The general aggregate and the products completed operations aggregate in your underlying general liability insurance policy. b. Each occurrence with regard to ultimate net loss because of injury or damage arising from the automobile hazard. If the limit of insurance is paid prior to this policy s termination date for losses other than losses arising from the automobile hazard this policy s premium is fully earned The limit of insurance applies 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 limit of insurance. SECTION V CONDITIONS APPEALS In the event the insured or any underlying insurer elects not to appeal a judgment in excess of the retained limit we may elect to do so. We shall be liable in addition to the limit of insurance for all costs taxes expenses incurred and interest on judgments incidental to such an appeal and for all such costs expenses and interest on appeals in connection with our right and duty to defend the insured under SECTION Il DEFENSE AND SUPPLEMENTARY PAYMENTS. CUP 000501 19 Page 15 of 26 | 1 |
BITCO GENERAL INSURANCE CORPORATION BANKRUPTCY Bankruptcy insolvency or receivership of the insured the insured s estate or of any underlying insurer will not relieve us of our obligations under this policy but with regard to bankruptcy insolvency or receivership of any underlying insurer this policy shall not apply as a replacement of such bankrupt or insolvent insurer and our limits of insurance will apply only in excess of the required limits of insurance in the schedule of underlying insurance made a part of the declarations of this policy. CANCELLATION a. The first Named Insured shown in the Declarations may cancel this policy by delivering it to us or any of our authorized agents or by sending us written notice stating when the future cancellation will take effect. Cancellation will become effective the date of delivery of the policy to us or the date requested by the first Named Insured. b. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least 1 Ten 10 days before the effective date of cancellation if we cancel because of a Nonpayment of premium whether payable directly to us or payable to our agents or others under any installment payment plan premium finance plan extension of credit or other payment plan b Any bankruptcy or debtor relief proceeding brought by or against you or 2 Thirty 30 days before the effective date of cancellation if we cancel for any other reason c. We will mail or deliver our notice to the first Named Insured s last mailing address known to us. d. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. e. If this policy is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered any refund of unearned premium. f. If notice is mailed proof of mailing will be sufficient proof of notice CHANGES This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy. We shall not be bound by any assignment of interest by an insured unless our consent to such assignment is endorsed onto this policy. DUTIES IN THE EVENT OF OCCURRENCE. OFFENSE. CLAIM OR SUIT a. You must see to it that we or our authorized representative are notified as soon as practicable of an occurrence which may result in a claim under Coverage A or an offense which may result in a claim under Coverage B of this policy. To the extent possible notice should include 1 How when and where the occurrence or offense took place 2 The names and addresses of any injured persons or witnesses and CUP 000501 19 Page 16 of 26 | 1 |
BITCO GENERAL INSURANCE CORPORATION 3 The nature and location of any injury or damage arising out of the occurrence or offense. Notice of an occurrence or an offense is not notice of a claim. b. If a claim is made or suit is brought against any insured you must 1 Immediately record the specifics of the claim or suit and the date received and 2 Notify us as soon as practicable. You must see to it that we receive written notice of the claim or suit as soon as practicable. c. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation or settlement of the claim or defense against the suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. 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 consent. EXAMINATION OF YOUR BOOKS AND RECORDS We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. INSPECTIONS AND SURVEYS We have the right but are not obligated to a. Make inspections and surveys at any time b. Give you reports on the conditions we find and c. Recommend changes. Any inspections surveys reports or recommendations relate only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. This condition applies not only to us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys reports or recommendations on our behalf. CUP 000501 19 Page 17 of 26 | 1 |
BITCO GENERAL INSURANCE CORPORATION 10. 1. LEGAL ACTION AGAINST US No person or organization has a right under this policy a. To join us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us under this policy unless all of its terms have been fully complied with A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured obtained after an actual trial but we will not be liable for damages that are not payable under the terms of this policy or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. MAINTENANCE OF UNDERLYING INSURANCE You must keep the underlying insurance described in the Schedule of Underlying Insurance on the Declarations Page of this policy or renewal or replacement policies not more restrictive in their terms and conditions in full force and effect during the policy period of this policy. The limits of insurance must be maintained without reduction other than by payment of losses. You must also inform us within 30 days of any cancellation of any policy of underlying insurance or replacement of any policy of underlying insurance by the underlying insurer or any other insurer. Your failure to comply with the foregoing shall not invalidate this policy but in the event of such failure we shall be liable under this policy only to the extent that we would have been liable had you complied with these obligations. You must notify us immediately of any changes in the terms of any underlying insurance policies. We may make adjustment of premium charges under this policy from the effective date of such changes to the terms of any underlying insurance policies. OTHER INSURANCE This insurance is excess over any other valid and collectible insurance whether primary excess contingent or on any other basis except other insurance written specifically to be excess over this insurance. The other insurance will be deemed valid and collectible regardiess of any defense asserted by any other insurer because of the insured s failure to comply with the terms of that other insurance. We will pay only our share of any amount of ultimate net loss if any that exceeds the sum of 1 The total amount that all such other insurance would pay for the loss in the absence of this insurance and 2 The total of all deductible and self insured amounts under this or any other insurance. PREMIUM AUDIT a. We will compute all premiums for this policy in accordance with our rules and rates. b. Premium shown in this policy as advance premium is a deposit premium only. At the close of each audit period we will compute the earned premium for that period. Audit premiums are due and payable on notice to the first Named Insured. If the sum of the advance and audit premiums paid for the policy term is greater than the earned premium we will return the excess to the first Named Insured but not if such audit premium is less than the minimum premium shown in the Declarations CUP 000501 19 Page 18 of 26 | 1 |
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