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10 an c 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 d The depreciation or decline in price or value of any security debt insurance policy bank deposit or financial interest or instrument. Violation of Communication or Information Laws Any act that violates any statute ordinance or regulation of any federal state or local government including any amendment thereto that prohibits or limits the sending transmitting or communicating of material or information. War War whether declared or not invasion hostilities civil war rebellion revolution insurrection military or usurped power strike riot or civil insurrection. Workers Compensation and Similar Laws Any obligation of the insured under any workers compensation disability benefits unemployment compensation law or any similar law. Exclusions Applicable to Insuring Agreement A Only This insurance does not apply to W Pollution a The actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants i At or from any premises site or location that is or was at any time owned used occupied by or rented or loaned to an insured. ii At or from any premises site or location that is or was at any time used for the handling storage disposal processing or treatment of waste. iii That are or were at any time transported handled stored treated disposed of or processed as waste by or for an insured or any person or organization for whom the insured may be legally responsible. iv At or from any premises site or location on which an insured or any contractors or subcontractors working directly or indirectly on an insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. v At or from any premises site or location on which an insured or any contractors or subcontractors working directly or indirectly on an insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. ii XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc.. with its permission. Page 9 of 26 | 1 |
vi vii viil That are contained in any property that is 1 Being transported towed by handled or handled for movement into onto or from an auto covered by the scheduled underlying insurance. 2 In the course of transit by or on behalf of an insured. 3 Being stored disposed of treated or processed in or upon an auto covered by this policy or scheduled underlying insurance. Before the pollutants or any property in which the pollutants are contained are moved from the place where they are accepted by the insured for movement into or onto an auto covered by scheduled underlying insurance or After the pollutants or any property in which the pollutants are contained are moved from an auto covered by this policy or the scheduled underlying insurance to the place where they are finally delivered disposed of or abandoned by the insured. Any loss cost or expense arising out of i ii A request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. A 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. The following exceptions apply to Exclusion B1 but only if an otherwise covered claim or suit also is covered by the scheduled underlying insurance W Paragraphs 1ai through 1av do not apply to bodily injury or property damage included within the products completed operations hazard if your product or your work has not at any time been discarded dumped abandoned thrown away treated or handled as waste by anyone. Paragraphs 1ai and 1aiv do not apply with respect to bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. Paragraph 1ai does not apply to 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 that is used to heat water for personal use by the building s occupants or their guests. Bodily injury or property damage for which an insured may be held liable if the insured is a contractor and the owner or lessee of a premises site or location has been added to the policy as an additional insured with respect to the insured s 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 that additional insured. b ii b XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc.. with its permission. Page 10 of 26 | 1 |
4 Paragraph 1aiv does not apply to 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. 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 the insured or on the insured s behalf by a contractor or subcontractor. Paragraph 1avi 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 or its parts covered by the scheduled underlying insurance 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 listed in Subparagraphs 7b and c of the definition of mobile equipment. Paragraph 1avii 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. Exclusions Applicable to Insuring Agreement B Only This insurance does not apply to W Aircraft Auto or Watercraft Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any aircraft auto or watercraft owned or operated by or rented or loaned to any insured. The term use shall include operation 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. Contractual Liability Bodily injury property damage or personal and advertising injury for which the insured is obligated to pay by reason of assumption of liability in a contract or agreement. b 6 b 6 XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc.. with its permission. Page 11 of 26 | 1 |
Damage to Impaired Property Property damage to impaired property or property that has not been physically injured arising out of a defect deficiency inadequacy or dangerous condition in your product or your work or a delay or failure by the insured or anyone acting on the insured s 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. Damage to Real and Personal Property Property damage to a Property the insured owns rents or occupies including any costs or expenses incurred by the insured or another person organization or entity for the repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property. b Premises the insured sells gives away or abandons if the property damage arises out of any part of those premises. c Property loaned to the insured. d Personal property in the insured s care custody or control. e That particular part of real property on which the insured or any contractors or subcontractors working directly or indirectly on the insured s behalf are performing operations if the property damage arises out of those operations. f That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Damage to Your Product Property damage to your product arising out of it or any part of it. Damage to Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. Employee Injury Bodily injury to an employee of the insured arising out of and in the course of employment by the insured or performing duties related to the conduct of the insured s business or any injury to the spouse domestic partner child parent brother or sister of that employee as a consequence of bodily injury to an employee. This exclusion applies whether the insured may be liable as an employer or in any other capacity including an obligation to share damages with or repay another who must pay damages because of injury. 4 b d e 6 6 XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc.. with its permission. Page 12 of 26 | 1 |
10 an Employees and Volunteer Workers To the liability of any employee or volunteer worker arising out of bodily injury property damage or personal and advertising injury To the insured its partners members employees or volunteer workers. To the spouse child parent brother sister of a person identified in Paragraph 8a above. Arising out of the providing or failing to provide professional health care services. Expected or Intended Bodily injury or 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 by the insured to protect persons or property. Liquor Liability Bodily injury or property damage for which the insured may be held liable by reason of Causing or contributing to the intoxication of any person. The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol. Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. Personal and Advertising Injury Personal and advertising injury b Caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury. Arising out of oral or written publication of material by or at the direction of the insured with knowledge of its falsity. Arising out of oral or written publication of material whose first publication took place prior to the policy period. Arising out of a criminal act committed by or at the direction of an insured. For which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. Arising out of a breach of an expressed contract to use another s advertising idea in the insured s advertisement. Arising out of the failure of goods products or services to conform to any statement of quality or performance made in the insured s advertisement. b d e U XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc.. with its permission. Page 13 of 26 | 1 |
h 12 Arising out of the wrong description of the price of goods products or services stated in the insured s advertisement. Arising out of the infringement of copyright patent trademark trade secret or other intellectual property rights. However this exclusion does not apply to infringement of copyright trade dress or slogan in your advertisement. i Committed by an insured whose business is advertising broadcasting publishing or telecasting designing or determining content of websites for others or an Internet search access content or service provider. However this exclusion does not apply to Paragraphs DD 1 2 and 3 of the definition of personal and advertising injury. For the purposes of this exclusion the placing of frames borders or links or advertising for the insured or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting. k Arising out of an electronic chat room or bulletin board the insured hosts owns or over which the insured exercises control. Arising out of the unauthorized use of another s name likeness trade dress slogan style of doing business or product in the insured s e mail address domain name web page or Internet domain or metatag or any other similar tactics to mislead another s potential customers. Pollution b The actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants. 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. 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. k b VI DEFINITIONS The following definitions are applicable to Insuring Agreements B and C and to the extent the following terms are not defined in the scheduled underlying insurance to Insuring Agreement A. A Advertisement means a notice that is broadcast or published to the general public or specific market segments about the insured s goods products or services for the purpose of attracting customers or supporters. For the purposes of this definition notices that are published include material placed on the Internet or on similar electronic means of communication and regarding websites only that part of a website that is about the insured s goods products or services for the purposes of attracting customers or supporters is considered an advertisement. B Auto means a land motor vehicle trailer or semi trailer designed for travel on public roads including any attached machinery or equipment or any other land vehicle that is subject to a compulsory or financial responsibility law or other motor insurance law in the state where it is licensed or principally garaged. Auto does not include mobile equipment. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc.. with its permission. Page 14 of 26 | 1 |
M N Bodily injury means injury to the human body iliness sickness or disease sustained by a person including mental anguish mental injury or death resulting from any of these at any time. By product material has the meaning given it in the Atomic Energy Act of 1954 or any law amendatory thereof. Claim means an express demand for damages including a suit resulting from an occurrence covered by this policy. Disaster event means an occurrence that in the good faith and reasonable opinion of a key executive has resulted in or is likely to result in all of the following 1 a claim for damages that is likely to exceed the retained limit 2 significant media coverage and 3 a need for a disaster response advisor. Disaster response advisor means a public relations firm or crisis management firm that is hired by the insured to perform disaster response advisory services in connection with a disaster event. Disaster response advisory services are those services performed by a disaster response advisor in advising the insured on minimizing potential harm from a covered disaster event by maintaining or restoring public confidence in the insured. Disaster response expenses are those amounts paid for the reasonable and necessary fees and expenses incurred by the insured or their disaster response advisor and pre approved by us including but not limited to medical expenses funeral expenses psychological counseling expenses travel expenses temporary living expenses printing and mailing expenses and expenses to secure the scene of a disaster event. Electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. Employee includes a leased worker. Employee does not include a temporary worker. Employment practices means 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. 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. d Violation of civil rights. First named insured means the insured first identified in Declarations ltem 1. Hazardous properties include but are not limited to radioactive toxic or explosive properties. U XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc.. with its permission. Page 15 of 26 | 1 |
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 W It incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by W The repair replacement adjustment or removal of your product or your work or Your fulfilling the terms of the contract or agreement. Injury or damage as used in the Nuclear Energy Liability Exclusion of this policy includes all forms of radioactive contamination of property. Insured means any person or organization qualifying as such under Section Il. Who is An Insured of this policy. Insured contract means W 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 you or temporarily occupied by you with permission of the owner is not an insured contract. A sidetrack agreement. An easement or license agreement except in connection with construction or demolition operations on or within fifty 50 feet of a railroad. An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality. An elevator maintenance agreement. That part of any contract or agreement entered into as part of your business pertaining to the rental or lease by you or your employees of any auto. However such contract or agreement shall not be considered an insured contract to the extent it obligates you or any of your employees to pay for property damage to any auto rented or leased by you or any of your employees. That part of any other contract or agreement pertaining to your business including the indemnification of a municipality in connection with work performed for such municipality under which you assume 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. 4 6 6 XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc.. with its permission. Page 16 of 26 | 1 |
Subparagraphs 6 and 7 above do not include that part of any contract or agreement a That pertains to the loan lease or rental of an auto to the insured or any of its employees if the auto is loaned leased or rented with a driver. b That holds harmless a person or organization that is engaged in the business of transporting property by auto for hire in connection with the insured s use of an auto covered by the scheduled underlying insurance over a route or territory that person or organization is authorized to serve by public authority. c That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within fifty 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing. d That indemnifies an architect engineer or surveyor in connection with preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders or drawings and specifications or giving or failing to give directions or instructions. e 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 supervisory inspection architectural or engineering activities. Key executive means the insured s Chief Executive Officer Chief Operating Officer Chief Financial Officer President General Counsel general partner or sole proprietor. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. Loss means those sums you become legally obligated to pay as settlements or judgments in connection with a covered claim. Loss shall include expenses incurred to investigate a claim or defend a suit if so provided in the scheduled underlying insurance. Mobile equipment means any of the following types of land vehicles including any machinery or equipment attached thereto that are not subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where such vehicle is licensed or principally garaged including 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 the insured owns or rents. 3 Vehicles that travel on crawler treads. 4 Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted power cranes shovels loaders diggers or drills or road construction or resurfacing equipment such as graders scrapers or rollers. 5 Vehicles not described in Subparagraphs 1 through 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. b e 4 6 b XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc.. with its permission. Page 17 of 26 | 1 |
6 Vehicles not described in Subparagraphs 1 through 4 above that are maintained primarily for purposes other than the transportation of persons or cargo. 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 snow removal road maintenance other than construction or resurfacing or street cleaning. b Cherry pickers and similar devices mounted on auto or truck chassis and used to raise or lower workers. c Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. Named insured means the person or entity identified in Declarations Item 1. Nuclear facility means A nuclear reactor. Equipment or devices designed or used for a separating the isotopes of uranium or plutonium b processing or utilizing spent fuel or c handling processing or packaging waste. Equipment or devices 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. 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. Nuclear material means source material special nuclear material or by product material. 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. Occurrence means W With respect to bodily injury or property damage an accident including continuous or repeated exposure to substantially the same general harmful conditions. All exposure to substantially the same general harmful conditions will be deemed to arise out of one occurrence. With respect to personal and advertising injury an offense that results in personal and advertising injury. All damages that arise from the same related or repeated injurious material or offense will be deemed to arise out of one occurrence regardless of the frequency or repetition thereof the number and kind of media used or the number of claimants. 4 XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc.. with its permission. Page 18 of 26 | 1 |
cc DD EE FF GG Other insurance means a policy of insurance providing coverage for damages to which this insurance also applies. Other insurance also means any retention in an insurance policy other than this policy whereby a party other than an insurer is responsible for all or part of any sums payable. Other insurance does not include 1 Scheduled underlying insurance 2 The self insured retention or 3 Any policy of insurance specifically purchased to be excess of this policy and providing coverage also afforded by this policy. Personal and advertising injury means injury 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 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. 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 the insured s advertisement. 7 Infringing upon another s copyright trade dress or slogan in the insured s advertisement. Policy period means the period of time from the inception date shown in Declarations Item 2 to the earlier of the expiration date shown in Declarations Item 2 or the date this policy terminates. Pollutants means any solid liquid gaseous or thermal irritant or contaminant including smoke vapor soot fumes acids alkalis chemicals and waste. For purposes of this definition waste shall include materials to be recycled reconditioned or reclaimed. Products completed operations hazard means all bodily injury and property damage occurring away from premises the insured owns or rents and arising out of your product or your work except products that are still in the insured s physical possession or work that has not yet been completed or abandoned. However your work will be deemed complete at the earliest of the following times 1 When all of the work called for in the insured s contract has been completed. 2 When all of the work to be done at the job site has been completed if the contract calls for work at more than one job site. 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 deemed to be completed. 4 XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc.. with its permission. Page 19 of 26 | 1 |
HH 1 KK LL MM NN 60 PP Products completed operations hazard does not include bodily injury or property damage arising out of the transportation of property unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by the insured and that condition was created by the loading or unloading of that vehicle by any insured or the existence of tools uninstalled equipment or abandoned or unused materials. Property damage means physical injury to tangible property including all resulting loss of use of that property and 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 physical injury that caused it. For purposes of this insurance electronic data is not tangible property. Retained limit means for Insuring Agreement A the total applicable limits of the scheduled underlying insurance shown in Declarations Item 5 or the actual limits of such scheduled underlying insurance whichever is greater and for Insuring Agreement B the self insured retention. Scheduled underlying insurance means 1 The policy or policies of insurance shown in the Schedule of Underlying Insurance forming a part of this policy and 2 Any renewal or replacement of any policy identified in Subparagraph 1 above. Scheduled underlying insurance does not include a policy of insurance specifically purchased to be excess of this policy. Self insured retention means the dollar amount set forth in Declarations Item 4 that the insured must pay before we are responsible to make payment under Insuring Agreement B. The self insured retention does not apply to occurrences that would have been covered by the scheduled underlying insurance but for the exhaustion of the applicable limits by the payment of loss. Source material has the meaning given it in the Atomic Energy Act of 1954 or any law amendatory thereof. Special nuclear material has the meaning given it in the Atomic Energy Act of 1954 or 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. Suit means a civil proceeding in which damages because of bodily injury property damage or personal and advertising injury to which this policy applies are alleged including 1 An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent. 2 Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. Suit does not include any injunction or order from a governmental agency or body requesting action from any insured. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc.. with its permission. Page 20 of 26 | 1 |
QQ Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. RR Waste as used in the Nuclear Energy Liability Exclusion of this policy means any waste material i 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 ii resulting from the operation by any person or organization of a nuclear facility included under the first two paragraphs of the definition of nuclear facility. SS Your product means 1 Any goods or products other than real property that are manufactured sold handled distributed or disposed of by a You b Others trading under your name or c A person or organization whose business or assets you have acquired and 2 Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. 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. TT 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. VIL CONDITIONS A Actions Against Us No person or organization shall have a right under this policy 1 To bring suit against us in connection with this policy unless as a condition precedent thereto all policy terms and conditions have been fully complied with and the amount of an insured s obligation to pay shall have been finally determined either by judgment or written agreement between the insured the claimant or claimant s representative and us. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. Page 21 of 26 May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc.. with its permission. Page 21 of 26 | 1 |
2 To join us as a party to any action against an insured to determine the insured s liability. This insurance does not give anyone the right to add us as a party in an action against the insured to determine the insured s liability. Appeals We have the right but not the duty to appeal any judgment in excess of the scheduled underlying insurance and the liability limits of other insurance even if the insured or the insurers providing the scheduled underlying insurance or other insurance do not appeal such a judgment. If we exercise this right we shall pay in addition to the policy s applicable Limits of Insurance all costs taxes expenses incurred and interest on judgments incidental to such an appeal. Assignment Your rights and duties under this policy may not be transferred or assigned 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 Declarations Item 1 and mailed to the address shown on the Declarations will be sufficient notice to effect cancellation of this policy. Audit We may audit and examine your books and records as they relate to this policy at any time during the policy period and for up to three 3 years after policy expiration or termination. Authorization and Notices The first named insured will act on behalf of all insureds with respect to the giving or receiving of any notices under this policy payment or return of premiums and receiving and accepting policy endorsements. The first named insured also shall be responsible for notifying us and all insureds of any changes that might affect the insurance provided by this policy. Bankruptcy or Insolvency The insured s bankruptcy insolvency receivership or inability to pay or the bankruptcy rehabilitation liquidation insolvency receivership or inability to pay of any insurers providing the scheduled underlying insurance or other insurance will not relieve us from the payment of loss covered by this policy. Under no circumstances will such bankruptcy rehabilitation liquidation insolvency receivership or inability to pay require us to drop down replace or assume any obligation under the scheduled underlying insurance and this insurance will apply as if all the limits of any scheduled underlying insurance are fully available and collectible. Cancellation and Non Renewal 1 The first named insured may cancel this policy by mailing or delivering advance written notice to us stating when the cancellation is to take effect. 2 We may cancel this policy by mailing or delivering to the first named insured written notice of cancellation at least ten 10 days before the effective date of cancellation for non payment of premium or ninety 90 days before the effective date of a cancellation for any other reason. 3 We will mail or deliver notice to the first named insured s last mailing address known to us. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc.. with its permission. Page 22 of 26 | 1 |
4 Notice of cancellation will state the effective date of cancellation. The policy period will end on the day and hour stated in the cancellation notice. If this policy is cancelled we will send to the first named insured any premium refund due as follows a 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 Declarations Iltem 6. b If the first named insured cancels final premium will be based on the time this policy was in force. The return premium will be calculated at ninety percent 90 of the pro rata unearned premium. Final premium will not be less than the short rate share of the Minimum Premium shown in Declarations ltem 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. We or our representative s check mailed or delivered shall be sufficient tender of any refund due. If we decide not to renew this policy we will mail or deliver to the first named insured written notice of the non renewal not less than thirty 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice under this condition. Any of these provisions that conflict with a law that controls the cancellation or non renewal of this policy are hereby changed to comply with that law. Changes Notice to any agent or knowledge possessed by any agent of ours or any other person will not affect a waiver or change in any part of this policy. This policy can be changed only by a written endorsement issued by us or our authorized representative and made part hereof. Duties in the Event of an Occurrence Claim or Suit W You must see to it that we are notified as soon as practicable of an occurrence that is likely to involve 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. c The nature and location of any injury or damage arising out of the occurrence. If a claim is made against any insured that is reasonably likely to involve this policy you must notify us in writing as soon as practicable. You and any other involved insured must a Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim. b Authorize us to obtain records and other information. c Cooperate with us in the investigation settlement or defense of the claim. 6 b 6 U b XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc.. with its permission. Page 23 of 26 | 1 |
d Assist us 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. e Written notice should be mailed to the following address XL Group PO Box 614002 Orlando FL 32861 4002 Email napropcasclaimnewnoticesxIgroup.com 3 No insured will except at their own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our expressed consent. Headings The descriptions in the headings and sub headings of this policy are solely for convenience and form no part of the terms and conditions of coverage. Inspection We or our duly authorized agent have the right but not the duty to 1 Make inspections and surveys of the insured s premises and operations at any time. 2 Recommend changes. 3 Conduct loss control and prevention activity. Such inspections surveys reports or recommendations are for our benefit and relate to insurability of the risk and the premium to be charged for this policy and do not constitute a representation or warranty that the insured s premises operations or conditions are safe or healthy or comply with applicable laws regulations or codes. Maintenance of Underlying Insurance During the policy period you agree 1 To keep scheduled underlying insurance in full force and effect. 2 That the terms definitions conditions and exclusions of scheduled underlying insurance will not materially change. 3 That the policy limits for the scheduled underlying insurance shall not decrease except for any reduction or exhaustion of aggregate limits by payment of loss. 4 That the coverage of any renewals or replacements of scheduled underlying insurance will be no less broad than and carry 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 been if you fully complied with these requirements. L 4 XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc.. with its permission. Page 24 of 26 | 1 |
Other Insurance If other insurance applies to damages covered by this policy this policy will apply excess of such other insurance. However this provision will not apply W If the other insurance is written to be excess of this policy. With respect to Insuring Agreement A only if you have agreed in a written contract with another person or organization that this policy shall be primary and non contributory with such other person or entity s coverage but only with respect to damages arising out of insured operations or work on your behalf performed under such written contract. When this Paragraph 2 applies the coverage available to the other person or organization will be the lesser of the policy s Limits of Insurance or the minimum limits required by such written contract. In that case other insurance of that person or organization will apply as excess and not contribute prior to the insurance afforded by this policy. Nothing in this Condition M shall make this policy subject to the terms conditions and limitations of such other insurance. Premium W The first named insured shall be responsible for payment of all premiums when due. The premium for this policy shall be computed on the basis set forth in Declarations Item 6. At the beginning of the policy period the first named insured must pay us the Premium shown in Declarations Item 6. When this policy expires or 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 original premium paid you will promptly pay us the difference. If the earned premium is less than the original premium paid we will return the difference to you. But in any event we shall retain the Minimum Premium as shown in Declarations Item 6 for each twelve 12 months of the policy period. Separation of Insureds Except with respect to the Limits of Insurance of this policy and rights or duties specifically assigned to you this insurance applies as if each insured were the only insured and separately to each insured against whom claim is made or suit is brought. Transfer of Rights of Recovery W If any insured has the right to recover all or part of any payment we have made under this policy those rights are transferred to us. You must do nothing after loss to impair these rights and must help us enforce them. If prior to the time of an occurrence you and the insurer of scheduled underlying insurance waive any right of recovery against a specific person or organization for injury or damage as required under an insured contract we also will waive any rights it may have against such person or organization. Any recoveries shall be applied as follows a Any person or organization including you that has paid an amount in excess of the applicable Limits of Insurance of this policy will be reimbursed first. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc.. with its permission. Page 25 of 26 | 1 |
b b We will then be reimbursed up to the amount we have paid. c Lastly any person or organization including you 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 shall be apportioned among the persons or organizations including you in the ratio of their respective recoveries as finally determined. Q Unintentional Failure to Disclose Your failure to disclose all hazards existing as of the inception date of this policy will not prejudice you with respect to the coverage afforded by this policy provided that any such failure or omission is not intentional. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc.. with its permission. Page 26 of 26 | 1 |
ENDORSEMENT 3 This endorsement effective 1201 a.m. June 01 2014 forms a part of Policy No. US00067261LI14A issued to The Haskell Company by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ELECTRONIC DATA LIABILITY ENDORSEMENT Applicable to Insuring Agreement A This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY SCHEDULE Loss of Electronic Data Limit 2000000 Information required to complete this Schedule if not shown above will be shown in the Declarations. It is agreed that Section V. Exclusions A 4 Intangible Property is deleted only as respects to electronic data for Insuring Agreement A. and replaced by the following The coverage provided by Insuring Agreement A shall not apply to Intangible Property 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 that does not result from physical injury to tangible property. The following paragraph is added to the end of Section IV. Limits of Insurance Subject to all of the above the Loss of Electronic Data Limit shown above is the most we will pay under this policy for property damage because of all loss of electronic data arising out of any one occurrence. It is agreed that for the purposes of this endorsement only Section VI. Definitions HH. Property damage is deleted from this policy and replaced by the following Property damage means 1 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. 2 Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it or 3 Loss of loss of use of damage to corruption of inability to access or inability to properly manipulate electronic data resulting from physical injury to tangible property. All such loss of electronic data shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this endorsement electronic data is not tangible property. XCU 410 0811 2011 X.L. America Inc. All Rights Reserved. Page 1 of 2 May not be copied without permission. if not shown above will be shown in the Declarations. Page 1 of 2 | 2 |
It is further agreed that in no event shall this policy recognize or be impacted by the erosion or exhaustion of any underlying aggregate limits of insurance in any underlying policy by payment of loss arising out of or in connection with any injury or damage excluded by this endorsement. However the insurance provided by this policy will not be broader than the insurance coverage provided by such scheduled underlying insurance. All other terms and conditions remain the same. Page 2 of 2 XCU 410 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
ENDORSEMENT 4 This endorsement effective 1201 a.m. June 01 2014 forms a part of Policy No. US00067261LI14A issued to The Haskell Company by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CROSS CLAIM EXCLUSION NAMED INSURED VS. NAMED INSURED Applicable to Insuring Agreements A and B This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY The following is added to Section V. Exclusions A This insurance does not apply to Any claim or suit brought by one named insured under this policy against another named insured under this policy. All other terms and conditions remain the same. Page 1 of 1 XCU 635 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
ENDORSEMENT 5 This endorsement effective 1201 a.m. June 01 2014 forms a part of Policy No. US00067261LI14A issued to The Haskell Company by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYEE BENEFITS LIABILITY EXCLUSION Applicable to Insuring Agreement B This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY The following is added to Section V. Exclusions C This insurance does not apply to Bodily injury property damage and personal and advertising injury arising out of 1 any violation of any of the responsibilities obligations or duties imposed upon fiduciaries by ERISA or any similar law regarding workers compensation unemployment insurance Social Security or any government mandated disability benefits or 2 any act error or omission committed by or on behalf of the insured solely in the performance of one or more of the following administrative duties or activities a giving counsel to employees with respect to a plan b interpreting a plan c handling of records in connection with a plan d effecting enroliment termination or cancellation of employees under a plan or e any claim against an insured solely by reason of his her or its status as an administrator the plan or you as sponsor of the plan. For the purposes of this endorsement the following definitions are added to Section VI. Definitions Claim means a written demand upon the insured for compensatory damage or services and shall include the service of suit or institution of arbitration proceedings against the insured. ERISA means the Employee Retirement Income Security Act of 1974 including amendments related to the Consolidated Omnibus Budget Reconciliation Act of 1985 and including any amendment or revisions thereto or any similar common or statutory law of the United States Canada or any state or jurisdiction anywhere in the world to which a plan is subject. Plan means any plan fund or program established anywhere in the world regardless of whether it is subject to regulation under Title 1 of ERISA or meets the requirements for qualification under Section 401 of the Internal Revenue Code of 1986 as amended and which is Page 1 of 2 XCU 652 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
W a welfare plan as defined in ERISA or any similar law regarding workers compensation unemployment insurance Social Security or any government mandated disability benefits. a pension plan as defined in ERISA or any similar law regarding workers compensation unemployment insurance Social Security or any government mandated disability benefits or a combination of 1 and 2 above. All other terms and conditions remain the same. Page 2 of 2 XCU 652 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
ENDORSEMENT 6 This endorsement effective 1201 a.m. June 01 2014 forms a part of Policy No. US00067261LI14A issued to The Haskell Company by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EMPLOYERS LIABILITY EXCLUSION Applicable to Insuring Agreement B This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY The following is added to Section V. Exclusions C This insurance does not apply to Bodily injury to any employee of the insured arising out of and in the course of his or her employment by the insured or performance of duties related to the conduct of the insured s business. All other terms and conditions remain the same. Page 1 of 1 XCU 654 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
ENDORSEMENT 7 This endorsement effective 1201 a.m. June 01 2014 forms a part of Policy No. US00067261LI14A issued to The Haskell Company by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXTERIOR INSULATION AND FINISHING SYSTEMS EXCLUSION Applicable to Insuring Agreement B This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY The following is added to Section V. Exclusions C This insurance does not apply to Bodily injury property damage and personal and advertising injury arising out of 1 The design manufacture construction fabrication preparation distribution and sale installation application maintenance or repair including remodeling service correction or replacement of any exterior insulation and finishing system EIFS or any part thereof or any substantially similar system or any part thereof including the application or use of conditioners primers accessories flashings coatings caulking or sealants in connection with such a system or 2 Your product or your work with respect to any exterior component fixture or feature of any structure if an exterior insulation and finishing system or any substantially similar system is used on the part of that structure containing that component fixture or feature. For the purposes of this endorsement the following definition is added to Section VI. Definitions Exterior insulation and finishing system means a non load bearing exterior cladding or finishing system and all component parts therein used on any part of any structure and consisting of 1 A rigid or semi rigid insulation board made of expanded polystyrene and other materials 2 The adhesive andor mechanical fasteners used to attach the insulation board to the substrate 3 A reinforced or unreinforced base coat 4 A finish coat providing surface texture to which color may be added and 5 Any flashing caulking or sealant used with the system for any purpose. All other terms and conditions remain the same. Page 1 of 1 XCU 660 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
ENDORSEMENT 8 This endorsement effective 1201 a.m. June 01 2014 forms a part of Policy No. US00067261LI14A issued to The Haskell Company by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FUNGI OR BACTERIA LIABILITY EXCLUSION Applicable to Insuring Agreements A and B This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY The following is added to Section V. Exclusions A This insurance does not apply to a Any liability which would not have occurred in whole or in part but for the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed concurrently or in any sequence to such injury or damage. b Any loss cost or expenses arising out of the abating testing for monitoring clean up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. This exclusion does not apply to any fungi or bacteria that are are on or are contained in a good or product intended for bodily consumption. For the purposes of this endorsement the following definition is added to Section VI. Definitions Fungi means any type or form of fungus including mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. b All other terms and conditions remain the same. Page 1 of 1 XCU 670 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
ENDORSEMENT 9 This endorsement effective 1201 a.m. June 01 2014 forms a part of Policy No. US00067261LI14A issued to The Haskell Company by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LEAD EXCLUSION Applicable to Insuring Agreements A and B This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY The following is added to Section V. Exclusions A This insurance does not apply to 1 Bodily injury property damage or personal and advertising injury arising out of lead including but not limited to the ingestion inhalation or absorption of lead in any form 2 Any loss cost or expense arising out of any 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 lead 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 lead. All other terms and conditions remain the same. Page 1 of 1 XCU 680 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
ENDORSEMENT 10 This endorsement effective 1201 a.m. June 01 2014 forms a part of Policy No. US00067261LI14A issued to The Haskell Company by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SILICA AND SILICA RELATED DUST EXCLUSION Applicable to Insuring Agreements A and B This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY The following is added to Section V. Exclusions A This insurance does not apply to 1 The actual alleged threatened or suspected inhalation of or ingestion of silica or silica related dust. 2 The actual alleged threatened or suspected contact with exposure to existence of or presence of silica or silica related dust. 3 Any loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of silica or silica related dust by any insured or by any other person or entity. For the purposes of this endorsement the following definitions are added to Section VI. Definitions Silica means silicon dioxide occurring in crystalline amorphous and impure forms silica particles silica dust or silica compounds. Silica related dust means a mixture or combination of silica and other dust or particles. All other terms and conditions remain the same. Page 1 of 1 XCU 734 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
ENDORSEMENT 11 This endorsement effective 1201 a.m. June 01 2014 forms a part of Policy No. US00067261LI14A issued to The Haskell Company by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS EXCLUSION WITH EXCEPTION TO INSURING AGREEMENT A FOR WRAP UPS PROFESSIONAL SERVICES OR PROPERTY DAMAGE TO PROPERTY BEING WORKED UPON BY THE INSURED OR SUBCONTRACTORS Applicable to Insuring Agreements A and B This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY The following is added to Section V. Exclusions A This insurance does not apply to 1 Property damage to any property or equipment leased by the insured The following is added to Section V. Exclusions C This insurance does not apply to 1 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 the collapse of or structural injury to any building or structure due to b hy I f inj buildi di i the grading of land paving excavating drilling burrowing filling back filling tunneling pile driving cofferdam or caisson work ii 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. 2 Property damage to property being installed erected or worked upon by the insured or by any agents or subcontractors of the insured 3 Any professional services performed by or on behalf of the insured including but not limited to the preparation or approval of maps plans opinions reports surveys designs or specifications and any supervisory inspection or engineering services or 4 Any project insured under a wrap up or similar rating plan in which you are enrolled. All other terms and conditions remain the same. XCU 754 0513 2013 X.L. America Inc. All Rights Reserved. Page 1 of 1 May not be copied without permission. Page 1 of 1 | 2 |
ENDORSEMENT 12 This endorsement effective 1201 a.m. June 01 2014 forms a part of Policy No. US00067261LI14A issued to The Haskell Company by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DAMAGE TO REAL AND PERSONAL PROPERTY EXCLUSION Applicable to Insuring Agreement A This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY The following is added to Section V. Exclusions B This insurance does not apply to Property damage to a Property the insured owns rents or occupies including any costs or expenses incurred by the insured or another person organization or entity for the repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property. b Premises the insured sells gives away or abandons if the property damage arises out of any part of those premises. c Property loaned to the insured. d Personal property in the insured s care custody or control. b d All other terms and conditions remain the same. Page 1 of 1 XCU 758 0513 2013 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
ENDORSEMENT 13 This endorsement effective 1201 a.m. June 01 2014 forms a part of Policy No. US00067261LI14A issued to The Haskell Company by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LIQUOR LIABILITY EXCLUSION APPLICABLE TO INSURING AGREEMENT B This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY Section V. Exclusions C 10 is deleted in its entirety and replaced by the following This insurance does not apply to 10 Liquor Liability Bodily injury or property damage for which the insured may be held liable by reason of Causing or contributing to the intoxication of any person The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. In addition to a b and c above this exclusion applies to any claims against any insured that allege negligence or other wrongdoing in 1. 2. The supervision hiring employment training or monitoring of others by that insured or Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol. All other terms and conditions remain the same. Page 1 of 1 XCU 759 0513 2013 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
ENDORSEMENT 14 This endorsement effective 1201 a.m. June 01 2014 forms a part of Policy No. US00067261LI14A issued to The Haskell Company by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. VIOLATION OF COMMUNICATION OR INFORMATION LAWS EXCLUSION APPLICABLE TO INSURING AGREEMENTS A AND B This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY Section V. Exclusions A 9 Violation of Communication or Information Laws is deleted in its entirety and replaced by the following Any act that violates any statute ordinance or regulation of any federal state or local government including any amendment thereto that prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. All other terms and conditions remain the same. Page 1 of 1 XCU 763 1213 2013 X.L. America Inc. Al Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
ENDORSEMENT 15 This endorsement effective 1201 a.m. June 01 2014 forms a part of Policy No. US00067261LI14A issued to The Haskell Company by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION OF CERTIFIED ACTS OF TERRORISM AND OTHER ACTS OF TERRORISM Applicable to Insuring Agreements A and B This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY. The following is added to Section V. Exclusions A This insurance does not apply to Any injury or damage arising directly or indirectly out of a certified act of terrorism or out of any other act of terrorism. However with respect to any other act of terrorism this exclusion applies only when one or more of the following are attributed to such act of terrorism e The total of insured damage to all types of property exceeds 25 million valued in US dollars. In determining whether the 25 million threshold is exceeded we will include all insured damage sustained by property of all persons and entities affected by the terrorism and business interruption losses sustained by owners or occupants of the damaged property. For the purpose of this provision insured damage means damage that is covered by any insurance plus damage that would be covered by any insurance but for the application of any terrorism exclusions or Fifty 50 or more persons sustain death or serious physical injury. For the purposes of this provision serious physical injury means i Physical injury that involves a substantial risk of death or ii Protracted and obvious physical disfigurement or iii Protracted loss of or impairment of the function of a bodily member or organ or The terrorism involves the use release or escape of nuclear materials or directly or indirectly results in nuclear reaction or radiation or radioactive contamination or The terrorism is carried out by means of the dispersal or application of pathogenic or poisonous biological or chemical materials or Pathogenic or poisonous biological or chemical materials are released and it appears that one purpose of the terrorism was to release such materials. With respect to this exclusion Paragraphs a and b above describe the thresholds used to measure the magnitude of an incident of an other act of terrorism and the circumstances in which the threshold will apply for the purpose of determining whether this exclusion will apply to that incident. d e Page 1 of 2 XCU 900 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
For the purposes of this endorsement the following definitions are added to Section VI. Definitions Any injury or damage means any injury or damage covered under any coverage part or underlying insurance to which this endorsement is applicable and includes but is not limited to bodily injury property damage personal and advertising injury injury or environmental damage as may be defined in any applicable coverage part or underlying insurance. Certified act of terrorism means an act that is certified by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism pursuant to the federal Terrorism Risk Insurance Act and any amendment thereto. The criteria contained in the federal Terrorism Risk Insurance Act for a certified act of terrorism include the following i The act resulted in insured losses in excess of 5 million in the aggregate attributable to all types of insurance subject to the Terrorism Risk Insurance Act ii The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence this policy or affect the conduct of the United States Government by coercion. Other act of terrorism means a violent act or an act that is dangerous to human life property or infrastructure that is committed by an individual or individuals and that appears to be part of an effort to coerce a civilian population or to influence the policy or affect the conduct of any government by coercion and the act is not a certified act of terrorism. Multiple incidents of an other act of terrorism which occur within a seventy two 72 hour period and appear to be carried out in concert or to have a related purpose or common leadership shall be considered to be one incident. In the event of any incident of a certified act of terrorism or an other act of terrorism that is not subject to this exclusion coverage does not apply to any loss or damage that is otherwise excluded under this policy. This policy will not recognize the reduction or exhaustion of underlying limits of insurance by the payment of damages or expenses for the investigation or settlement of any claim or suit involving a certified act of terrorism or other act of terrorism subject to this exclusion. b ii All other terms and conditions remain the same. Page 2 of 2 XCU 900 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
ENDORSEMENT 16 This endorsement effective 1201 a.m. June 01 2014 forms a part of Policy No. US00067261LI14A issued to The Haskell Company by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION NOTIFICATION TO OTHERS ENDORSEMENT In the event coverage is cancelled for any statutorily permitted reason other than nonpayment of premium advanced written notice will be mailed or delivered to persons or entityies according to the notification schedule shown below Name of Persons or Entityies Mailing Address Number of Days Advanced Notice of Cancellation Per schedule on file with the broker 60 All other terms and conditions of the Policy remain unchanged. 1X1 405 0910 2010 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
Z ZURICH Important Notice In Witness Clause In return for the payment of premium and subject to the terms of this policy coverage is provided as stated in this policy. IN WITNESS WHEREOF this Company has executed and attested these presents and where required by law has caused this policy to be countersigned by its duly Authorized Representatives. President Corporate Secretary QUESTIONS ABOUT YOUR INSURANCE Your agent or broker is best equipped to provide information about your insurance. Should you require additional information or assistance in resolving a complaint call or write to the following please have your policy or claim number ready Zurich in North America Customer Inquiry Center 1299 Zurich Way Schaumburg lllinois 60196 1056 1 800 382 2150 Business Hours 8 a.m. 4 p.m. CT Email info.sourcezurichna.com WUESTIUNS ABUUT TUUR INOURANLEY Your agent Oor broker IS best equipped 1o provide information about your insurance. Should you require additional information or assistance in resolving a complaint call or write to the following please have your policy or claim number ready Zurich in North America Customer Inquiry Center 1299 Zurich Way Schaumburg lllinois 60196 1056 1 800 382 2150 Buslness Hours 8 a.m. 4 p.m. CT U GU319 F CW 0109 Page 1 of 1 | 2 |
Z ZURICH Insured Name IPFS CORPORATION DBA IMPERIAL PFS Policy Number AUC 9768828 00 Effective Date 10012021 THIS DISCLOSURE IS ATTACHED TO AND MADE PART OF YOUR POLICY. DISCLOSURE OF IMPORTANT INFORMATION RELATING TO TERRORISM RISK INSURANCE ACT SCHEDULE Premium attributable to risk of loss from certified acts of terrorism for lines of insurance subject to TRIA 309 Any information required to complete this Schedule if not shown above will be shown in the Declarations. A o Disclosure of Premium In accordance with the federal Terrorism Risk Insurance Act TRIA as amended we are required to provide you with a notice disclosing the portion of your premium if any attributable to the risk of loss from terrorist acts certified under that Act for lines subject to TRIA. That portion of premium attributable is shown in the Schedule above. The premium shown in the Schedule above is subject to adjustment upon premium audit if applicable.. Disclosure of Federal Participation in Payment of Terrorism Losses You should know that where coverage is provided by this policy for losses resulting from certified acts of terrorism the United States Government may pay up to 80 of insured losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. Disclosure of 100 Billion Cap on All Insurer and Federal Obligations If aggregate insured losses attributable to terrorist acts certified under TRIA exceed 100 billion in a calendar year January 1 through December 31 and an insurer has met its deductible under the program that insurer shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of Treasury.. Availability As required by TRIA we have made available to you for lines subject to TRIA coverage for losses resulting from acts of terrorism certified under TRIA with terms amounts and limitations that do not differ materially from those for losses arising from events other than acts of terrorism. Definition of Act of Terrorism under TRIA TRIA defines act of terrorism as any act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act TRIA to be an act of terrorism. The Terrorism Risk Insurance Act provides that the Secretary of Treasury shall certify an act of terrorism 1. To be an act of terrorism 2. To be a violent act or an act that is dangerous to human life property or infrastructure 3. To have resulted in damage within the United States or outside of the United States in the case of an air carrier as defined in section 40102 of Title 49 United States Code or a United States flag vessel or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States or the premises of a United States mission and Copyright 2020 Zurich American Insurance Company Includes copyrighted material of Insurance Services Office Inc. with its permission. U GU630 E CW 0120 Page 1 of 2 | 2 |
4. To have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. No act may be certified as an act of terrorism if the act is committed as part of the course of a war declared by Congress except for workers compensation or if losses resulting from the act in the aggregate for insurance subject to TRIA do not exceed 5000000. Copyright 2020 Zurich American Insurance Company Includes copyrighted material of Insurance Services Office Inc. with its permission. U GU630 E CW 0120 Page20f 2 | 2 |
ZURICH Notice to Missouri Policyholder The Insurer is a member of the Missouri Property and Casualty Guaranty Association hereinafter known as Association. 1. Under Section 375.772 2.7 of the Revised Statutes of Missouri RSMO claims covered by the Act do not include a claim by or against an Insured or an insolvent Insurer if that Insured has a net worth of 25 million on the date the Insurer becomes insolvent. Under Section 375.775.11 RSMO the Association s obligation includes only the amount of each covered claim which is less than 300000. However the Association will not a. Be obligated to an Insured or claimant in excess of the limits of liability of the policy from which the claim arises or b. Return to the Insured any unearned premium in excess of 25000. U GU832 A MO 0709 Page 1 of 1 | 2 |
Z ZURICH Disclosure Statement It is our pleasure to present the enclosed policy to you for presentation to your customer. INSTRUCTION TO AGENT OR BROKER WE REQUIRE THAT YOU TRANSMIT THE ATTACHED ENCLOSED DISCLOSURE STATEMENT TO THE CUSTOMER WITH THE POLICY. Once again thank you for your interest and we look forward to meeting your needs and those of your customers. U GU873 A CW 0611 Page1 of 1 | 2 |
Z ZURICH Disclosure Statement NOTICE OF DISCLOSURE FOR AGENT BROKER COMPENSATION If you want to learn more about the compensation Zurich pays agents and brokers visit httpwww.zurichnaproducercompensation.com or call the following toll free number 866 903 1192. This Notice is provided on behalf of Zurich American Insurance Company and its underwriting subsidiaries. U GU874 A CW 0611 Page1 of 1 | 2 |
ZURICH Commercial Umbrella Liability Policy ZURIC Declarations Insurance is provided by the company below. Policy Number 1. Named Insured Mailing Address Email Address Policy Period Limits of Insurance Retained Limit American Guarantee and Liability Insurance Company AUC 9768828 00 Renewal of Number IPFS CORPORATION DBA IMPERIAL Producer LOCKTON COMPANIES LLC PFS 1055 Broadway Bivd FI 11TH 444 W 47TH ST STE 900 Kansas City MO 64105 2289 KANSAS CITY MO 64112 190 KCLICENSINGLOCKTON.CO From 10012021 To 10012022 at 1201 A.M. Standard Time at the address of the Named Insured. A. 10000000 Occurrence B. 10000000 Other Aggregate C. 10000000 Products Completed Operations Aggregate D. 250000 Casualty Business Crisis Aggregate Limit 0 Occurrence 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 KCLICENSINGLOCKTON.COM Retained Limit 0 Occurrence Policy Premium Advance Premium 31209 Policy Minimum Earned Premium 7802 Schedule of Underlying Insurance See attached Schedule of Underlying Insurance Endorsements Attached See attached Schedule of Forms and Endorsements U UMB D101 C CW 0310 Page 1 of 1 | 2 |
ZURICH Schedule of Forms and Endorsements Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Addl Prem. Return Prem. AUC 9768828 00 10012021 10012022 10012021 37385000 Named Insured and Mailing Address Producer IPFS CORPORATION DBA IMPERIAL PFS 1055 Broadway Blvd FI 11TH Kansas City MO 64105 2289 LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 Form Name Form Number Edition Date Important Notice In Witness Clause U GU319 F CW 0109 Disclosure of Important Information Relating to Terrorism U GU630 E CW 0120 Risk Insurance Act Commercial Umbrella Liability Policy Declarations U UMB D101 C CW 0310 Schedule of Underlying Insurance U UMB105 A CW 0799 Extended Schedule of Underlying Insurance U UMB106 A CW 0799 Commercial Umbrella Liability Policy U UMB103 C CW 0310 Certified Act of Terrorism Retained Amount Coverage B U UMB406 D CW 0115 Abuse Or Molestation Exclusion U UMB109 A CW 0799 Aircraft Exclusion U UMB110 B CW 0703 Care Custody Or Control Exclusion U UMB129 B CW 0703 Cross Suits Exclusion U UMB141 A CW 0799 Financial Institutions Exclusion U UMB181 B CW 0703 Foreign Operations Exclusion U UMB182 A CW 0799 Insurance Related Operations Exclusion U UMB186 C CW 0114 Lead Exclusion U UMB193 A CW 0799 Liquor Law Liability Exclusion U UMB196 B CW 0114 Professional Liability Exclusion U UMB228 D CW 0114 Watercraft Liability Exclusion U UMB259 B CW 0703 Fungus or Bacteria Exclusion U UMB385 C CW 0719 U UMB D101 C CW U UMB105 A CW U UMB106 A CW U UMB103 C CW U UMB406 D CW U UMB109 A CW U UMB110 B CW U UMB129 B CW U UMB141 A CW U UMB181 B CW U UMB182 A CW U UMB186 C CW U UMB193 A CW U UMB196 B CW U UMB228 D CW U UMB259 B CW U UMB385 C CW 0310 0799 0799 0310 0115 0799 0703 0703 0799 0703 0799 0114 0799 0114 0114 0703 0719 U UMB104 A CW 0799 Page 1 of 2 | 2 |
Silica or Silica Mixed Dust Exclusion Total Pollution Exclusion with A Hostile Fire Exception Access Or Disclosure Of Confidential Or Personal Information Following Form Sanctions Exclusion Endorsement Missouri Nonrenewal Exclusion Recording And Distribution Of Material Or Information In Violation Of Law Umbrella Amendatory Endorsement Cap on Losses From Certified Acts of Terrorism U UMB488 A CW U UMB664 A CW U UMB922 A CW 0604 0310 0115 U GU1191 A CW U UMB299 C MO U UMB525 F CW 0315 0410 0114 U UMB906 A CW U GU767 B CW 0114 0115 U UMB104 A CW 0799 Page20f 2 | 2 |
ZURICH Schedule of Underlying Insurance Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Addl Prem. Return Prem. AUC 9768828 00 10012021 10012022 10012021 37385000 Named Insured and Mailing Address Producer IPFS CORPORATION DBA IMPERIAL PFS 1055 Broadway Blvd FI 11TH Kansas City MO 64105 2289 LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 Company Policy No. and Term Coverage Applicable Limits A. Company American Zurich Insurance Company Policy No CPO 4427005 00 Term 10012021 to 10012022 Commercial General Liability Including Employee Benefits 1000000 Premises Each Occurrence 1000000 Products Completed Ops Each Occurrence 2000000 Products Completed Operations Aggregate 2000000 General Aggregate 1000000 Employee Benefits Each Claim 2000000 Employee Benefits General Aggregate Company Policy No. and Term Coverage B. Company Zurich American Insurance Company Policy No BAP 8033574 00 Term 10012021 to 10012022 Commercial Auto Liability 1000000 Combined Single Limit Company Policy No. and Term Coverage C. Company American Zurich Insurance Company Policy No WC 9768825 00 Employers Liability 1000000 Bodily Injury By Accident Each Accident 1000000 Bodily Injury By Disease Each Employee Term 10012021 to 10012022 Including Employee Benefits U UMB105 A CW 0799 Page 1 of 2 | 2 |
1000000 Bodily Injury By Disease Policy Limit Term 10012021 to 10012022 U UMB105 A CW 0799 Page20f 2 | 2 |
ZURICH Extended Schedule of Underlying Insurance Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Addl Prem. Return Prem. AUC 9768828 00 10012021 10012022 10012021 37385000 Named Insured and Mailing Address Producer IPFS CORPORATION DBA IMPERIAL PFS 1055 Broadway Blvd FI 11TH Kansas City MO 64105 2289 LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 Company Policy No. and Term Coverage Applicable Limits Company The Continental Insurance Company A A AR Ao Foreign Liability Premises and Products Completed Ops Liability 1000000 Each Occurrence M AAA AAA Policy No WP 67 327 9576 Term 10012021 to 10012022 o 2000000 General Aggregate 2000000 Products Completed Operations Aggregate 1000000 Employee Benefits Each Claim 1000000 Employee Benefits General Aggregate Company Policy No. and Term Coverage Applicable Limits Company The Continental Insurance Company Policy No WP 67 327 9576 Term 10012021 to 10012022 Foreign Liability Employers Liability 1000000 Bodily Injury By Accident Each Accident 1000000 Bodily Injury By Disease Each Employee 1000000 Bodily Injury By Disease Policy Limit Policy No WP 67 327 9576 Term 10012021 to 10012022 Term 10012021 to 10012022 U UMB106 A CW 0799 Page 1 of 1 | 2 |
ZURICH Commercial Umbrella Liability Policy Zurich North America Insurance is provided by the company designated on the Declarations of this policy. U UMB100 B CW 0703 Page 1 of 1 | 2 |
ZURICH Commercial Umbrella Liability Policy There are provisions in this policy that restrict coverage. Read the entire policy carefully to determine your rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a hamed insured under this policy. The words we us and our refer to the company providing this insurance. The word insured means any person or organization qualifying as such in SECTION V. DEFINITIONS of this policy. Words and phrases that are printed in bold face type are defined in this policy. These definitions are found in SECTION V. DEFINITIONS of this policy or in the specific policy provision where they appear. In consideration of the payment of the premium and in reliance upon the statements in the Declarations and in accordance with the provisions of this policy we agree with you to provide coverage as follows Insuring Agreements CECTIAN CNVERDACD bbbt A SECTIONI. COVERAGE A Coverage A Excess Follow Form Liability Insurance Under Coverage A we will pay on behalf of the insured those damages covered by this insurance in excess of the total applicable limits of underlying insurance. With respect to Coverage A this policy includes 1. The terms and conditions of underlying insurance to the extent such terms and conditions are not inconsistent or do not conflict with the terms and conditions referred to in Paragraph 2. below and 2. The terms and conditions that apply to Coverage A of this policy. Notwithstanding anything to the contrary contained above if underlying insurance does not apply to damages for reasons other than exhaustion of applicable Limits of Insurance by payment of loss then Coverage A does not apply to such damages. Also Coverage A does not apply to any form of casualty business crisis expense insurance even if such insurance is afforded under underlying insurance or would have been afforded except for the exhaustion of the Limits of Insurance of underlying insurance. Coverage B Umbrella Liability Insurance Under Coverage B we will pay on behalf of the insured those damages the insured becomes legally obligated to pay by reason of liability 1. Imposed by law because of bodily injury property damage or personal and advertising injury or 2. Assumed under an insured contract because of bodily injury or property damage covered by this insurance but only if the injury damage or offense arises out of your business takes place during the policy period of this policy and is caused by an occurrence happening anywhere. We will pay such damages in excess of the Retained Limit specified in Item 5. of the Declarations or the amount payable by other insurance whichever is greater. Coverage B does not apply to any loss claim or suit for which insurance is afforded under underlying insurance or would have been afforded except for the exhaustion of the Limits of Insurance of underlying insurance. The amount we will pay for loss under Coverage A or Coverage B is limited as described in SECTION Il LIMITS OF INSURANCE. We have no obligation under Coverage A andor Coverage B with respect to any settlement made without our consent. The insurance afforded under Coverage A and Coverage B applies to bodily injury or property damage only if prior to the policy period no designated insured knew that the bodily injury or property damage had occurred in whole or in part. If such a designated insured knew prior to the policy period that the bodily injury or property damage occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. U UMB103 C CW 0310 Page 1 of 19 | 0 |
Bodily injury or property damage which occurs during the policy period and was not prior to the policy period known to have occurred by any designated insured includes any continuation change or resumption of that bodily injury or property damage after the policy period and Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any designated insured 1. Reports all or any part of the bodily injury or property damage to us or any other insurer 2. Receives a written or verbal demand or claim for damages because of the bodily injury or property damage or 3. Becomes aware by any other means that bodily injury or property damage has occurred or has begun to oceur. Coverage C Casualty Business Crisis Expense Under Coverage C we will pay for casualty business crisis expense regardless of fault arising from a casualty business crisis first commencing during the policy period. No underlying insurance or Retained Limit applies to Coverage C. Subject to the other terms and conditions of this coverage we shall pay casualty business crisis expense from the first dollar of such expense. The amount we will pay for casualty business crisis expense under Coverage C is limited as described in SECTION II. LIMITS OF INSURANCE. Any amounts that we pay under Coverage C will not obligate us in any way under Coverage A or Coverage B. SECTION Il LIMITS OF INSURANCE A With respect to Coverage A and Coverage B the Limits of Insurance shown in the Declarations and the rules below describe the most we will pay regardless of the number of 1. Insureds 2. Claims made or suits brought 3. Coverages provided under this policy or 4. Persons or organizations making claims or bringing suits. The Limits of Insurance of this policy will apply as follows 1. The limit stated in Item 4.B. of the Declarations for the Other Aggregate is the most we will pay for all loss under Coverage A and Coverage B combined except for a. Loss covered under the products completed operations hazard and b. Loss covered in underlying insurance to which no underlying aggregate limit applies. In addition with respect to Coverage A only if a policy listed on the Schedule of Underlying Insurance contains aggregate limits other than an aggregate limit applying to the products completed operations hazard the Other Aggregate limit stated in Item 4.B. of the Declarations will apply in the same manner as such other aggregate limits of each policy listed in the Schedule of Underlying Insurance. 2. The limit stated in Item 4.C. of the Declarations for the Products Completed Operations Aggregate is the most we will pay for all loss under both Coverage A and Coverage B combined as a result of bodily injury or property damage included within the products completed operations hazard. 3. Subject to Paragraph B.1. or B.2. above whichever applies the limit stated in Item 4.A. of the Declarations for Occurrence is the most we will pay for all loss arising out of any one occurrence even if such loss is covered in whole or in part under both Coverage A and Coverage B. Coverage A applies only in excess of the greater of the actual Limits of Insurance of underlying insurance or the Limits of Insurance shown on the Schedule of Underlying Insurance forming a part of this policy. With respect to Coverage C the limit stated as the Casualty Business Crisis Expense Aggregate Limit in Item 4.D. of the Declarations is the most we will pay for all casualty business crisis expense first commencing during the policy period. This limit is in addition to and casualty business crisis expense does not reduce or exhaust any other Limit of Insurance applicable to this policy. U UMB103 C CW 0310 Page 2 of 19 | 1 |
The Limits of Insurance of this policy apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the preceding period for purposes of determining the Limits of Insurance. With respect to Coverage A only and subject to paragraphs B.1. B.2. B.3. and C. above 1. If the limits of underlying insurance have been reduced solely by payment of loss for which coverage is afforded under this policy this policy will drop down to become immediately excess of the reduced underlying limit or 2. If the limits of underlying insurance have been exhausted solely by payment of loss for which coverage is afforded under this policy this policy will continue in force as underlying insurance. SECTION lll. DEFENSE AND SUPPLEMENTARY PAYMENTS A D. We have the right and duty to assume control of the investigation and settlement of any claim or defense of any suit against the insured for damages covered by this policy 1. Under Coverage A when the applicable limit of underlying insurance and other insurance has been exhausted by payment of loss for which coverage is afforded under this policy or 2. Under Coverage B when damages are sought for bodily injury property damage or personal and advertising injury to which no underlying insurance or other insurance applies. Under Coverage C we do not assume any duty to control the investigation and settlement of any claim or defense of any suit that may arise from a covered casualty business crisis. In those circumstances where paragraph A. above applies we will pay our expenses and the following to the extent that they are not included in underlying insurance 1. Up to 2000 for the cost of bail bonds. We do not have to furnish these bonds. 2. The cost of bonds to release attachments but only for bond amounts within the amount of insurance available. We do not have to furnish these bonds. 3. Reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings because of time off from work. 4. Al court costs taxed against the insured in the suit. However these payments do not include attorneys fees or attorneys expenses taxed against the insured. 5. Pre judgment interest awarded against the insured on that part of the judgment we pay. However if we make an offer to pay the applicable Limit of Insurance we will not pay any pre judgment interest based on that period of time after the offer. 6. Allinterest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court that part of the judgment that is within the applicable Limits of Insurance. When our expenses and the payments described in paragraph C. above are not included in the definition of loss they will not reduce the Limits of Insurance. In those circumstances where paragraph A. above does not apply we do not have the duty to assume control of the investigation and settlement of any claim or defense of any suit against the insured. We do however have the right to participate in the investigation and settlement of any claim or defense of any suit that we feel may create liability on our part under the terms of this policy. If we exercise this right we will do so at our expense. We will not investigate and settle any claim or defend any suit after we have exhausted the applicable Limit of Insurance as stated in Item 4. of the Declarations. If we are prevented by law from carrying out the provisions of Section lll. Paragraph A. above we will pay any expense incurred with our consent. SECTION IV. EXCLUSIONS A Under Coverage A and Coverage B this policy does not apply to any liability damage loss cost or expense ASBESTOS 1. Arising out of or relating in any way to U UMB103 C CW 0310 Page 3 of 19 | 1 |
a. Asbestos or which would not have occurred in whole or in part but for the actual alleged or threatened discharge dispersal release leakage leaching friability flaking escape or presence of asbestos regardless of whether any other cause event material or product contributed concurrently or in any sequence to the injury or damage or b. Any 1 Request demand order statutory or regulatory requirement direction or determination that any insured or others test for investigate monitor clean up remove study contain treat encapsulate control or take any other action regarding asbestos or 2 Claim or suit for damages arising out of or relating in any way to any request demand order statutory or regulatory requirement direction or determination than any insured or others test for investigate monitor clean up remove study contain treat encapsulate control or take any other action regarding asbestos. EMPLOYMENT PRACTICES 2. Arising out of any bodily injury or personal and advertising injury to a. A person arising out of any 1 Failure to employ or promote that person 2 Termination of that person s employment including actual or alleged constructive dismissal 3 Employment related practices policies acts or omissions including but not limited to injury arising from coercion demotion evaluation reassignment discipline defamation harassment molestation humiliation retaliation hostile work environment discrimination or malicious prosecution directed at that person or b. The spouse domestic partner child parent brother or sister of that person as a consequence of any bodily injury or personal and advertising injury to that person at whom any of the employment related practices described in subparagraphs 1 2 or 3 above is directed. This exclusion applies a. Whether the injury causing event described in paragraph 2.a. above occurs before employment during employment or after employment of that person b. Whether the insured may be held liable as an employer or in any other capacity or c. To any obligation to share damages with or repay someone who must pay damages because of the injury. LAWS MISCELLANEOUS 3. Under any of the following a. Any uninsured underinsured motorist or auto no fault or first party personal injury law b. Any workers compensation unemployment compensation or disability benefits law or any similar law or. The Employees Retirement Income Security Act E.R.I.S.A. of 1974 as now or hereafter amended. LOSS OF OR LOSS OF USE OF INTANGIBLE PROPERTY 4. Arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate or process intangible property. For purposes of this insurance electronic data is intangible property. NUCLEAR 5. a. With respect to which any insured under this policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its Limits of Insurance or b. Resulting from the hazardous properties of nuclear material and with respect to which 1 A person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or U UMB103 C CW 0310 Page 4 of 19 | 1 |
2 Any insured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization or. Any injury or nuclear property damage resulting from the hazardous properties of nuclear material if 1 The nuclear material a Is at any nuclear facility owned by or operated by or on behalf of any insured b Has been discharged or dispersed therefrom 2 The nuclear material is contained in spent fuel or waste at any time possessed handled used processed stored transported or disposed of by or on behalf of any insured or 3 The injury or nuclear property damage arises out of the furnishing by any insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this subparagraph 3 applies only to nuclear property damage to such nuclear facility and any property thereat. As used in this exclusion a. Hazardous properties include radioactive toxic or explosive properties. b. Nuclear Facility means 1 Any nuclear reactor 2 Any equipment or device designed or used for a Separating the isotopes of uranium or plutonium b Processing or utilizing spent fuel or c Handling processing or packaging waste 3 Any equipment or device used for the processing fabricating or alloying of special nuclear material if at any time the total amount of such material in the custody of any insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 or 4 Any structure basin excavation premises or place prepared or used for the storage or disposal of waste and includes the site on which any of the foregoing is located all operations conducted on such site and all premises used for such operations. c. Nuclear material means source material special nuclear material or by product material. Nuclear property damage includes all forms of radioactive contamination of property. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. f. Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. d. Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor. h. Waste means any waste material 1 Containing by product material other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content and 2 Resulting from the operation by any person or organization of any nuclear facility included under the first two paragraphs of the definition of nuclear facility. VIOLATION OF STATUTES 6. Resulting from or arising directly or indirectly out of any action or omission that violates or is alleged to violate a. The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law U UMB103 C CW 0310 Page 5 of 19 | 1 |
The CAN SPAM Act of 2003 including any amendment of or addition to such law The Fair Credit Reporting Act FCRA and any amendment or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or d. Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions that addresses prohibits or limits the printing dissemination disposal collecting recording sending transmitting communicating or distribution of material or information. WAR AND MILITARY ACTION 7. Arising directly or indirectly out of a. War including undeclared or civil war b. Warlike action by a military force including action in hindering or defending against an actual or expected attack by any government sovereign or other authority using military personnel or other agents or c. Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these regardless of any other cause or event that contributes concurrently or in any sequence to injury or damage. B. Under Coverage A this policy does not apply to any liability damage loss cost or expense POLLUTION 1. Arising directly or indirectly out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants a. At or from any premises site or location which is or was at any time owned or occupied by or rented or loaned to any insured. However this subparagraph does not apply to 1 Bodily injury if sustained within a building and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests 2 Bodily injury or property damage for which you may be held liable if you are a contractor and the owner or lessee of such premises site or location has been added to underlying insurance as an additional insured with respect to your ongoing operations performed for that additional insured at that premises site or location and such premises site or location is not and never was owned or occupied by or rented or loaned to any insured other than that additional insured or 3 Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire At or from any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste Which are or were at any time transported handled stored treated disposed of or processed as waste by or for any insured or any person or organization for whom you maybe legally responsible or At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the pollutants are brought on or to the premises site or location in connection with such operations by such insured contractor or subcontractor. However this subparagraph does not apply to 1 Bodily injury or property damage arising out of the escape of fuels lubricants or other operating fluids which are needed to perform the normal electrical hydraulic or mechanical functions necessary for the operation of mobile equipment or its parts if such fuels lubricants or other operation fluids escape from a vehicle part designed to hold store or receive them. This exception does not apply if the bodily injury or property damage arises out of the intentional discharge dispersal or release of the fuels lubricants or other operating fluids or if such fuels lubricants or other operating fluids are brought on or to the premises site or location with the intent that they be discharged dispersed or released as part of the operations being performed by such insured contractor or subcontractor 2 Bodily injury or property damage sustained within a building and caused by the release of gases fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor U UMB103 C CW 0310 Page 6 of 19 | 1 |
2. 3 Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire. At or from any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations if the operations are to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants. That are or that are contained in any property that is 1 Being transported or towed by handled or handled for movement into onto or from any auto for which coverage is provided by underlying insurance 2 Otherwise in the course of transit by or on behalf of any insured or 3 Being stored disposed of treated or processed in or upon any auto. However this subparagraph f. does not apply to bodily injury or property damage arising out of i The escape of fuels lubricants other operating fluids exhaust gases or other similar pollutants that are needed for or result from the normal electrical hydraulic or mechanical functioning of a covered auto or i The escape of pollutants from a covered auto that directly results from the collision upset or overturn of such auto while in the course of transit away from any premises owned by or rented to any insured. Arising out of any a. Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or Claim or suit brought by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. Under Coverage B this policy does not apply to AIRCRAFT AUTOS OR WATERCRAFT 1. 2. 3. Any liability damage loss cost or expense arising out of the ownership maintenance operation use loading or unloading or entrustment to others of any a. b. C. Aircraft owned by you or rented loaned or chartered by or on behalf of you without crew Auto or Watercraft owned by you except watercraft while ashore on premises you own or rent. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured. EMPLOYEE INJURY Any injury to a. b. An employee of the insured arising out of and in the course of 1 Employment by the insured or 2 Performing duties related to the conduct of the insured s business or Any injury to the spouse domestic partner child parent brother or sister of that employee as a consequence of exclusion 2.a. above. This exclusion applies whether the insured may be liable as an employer or in any other capacity or to any obligation to share damages with or repay someone else who must pay damages because of an injury. IMPAIRED PROPERTY Property damage to impaired property or property that has not been physically injured arising out of a. A defect deficiency inadequacy or dangerous condition in your product or your work or U UMB103 C CW 0310 Page 7 of 19 | 1 |
b. A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. INTENTIONAL INJURY 4. Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. PERSONAL and ADVERTISING INJURY 5. Personal and advertising injury a. Caused by or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury b. Arising out of oral or written publication of material if done by or at the direction of the insured with knowledge of its falsity. Arising out of oral or written publication of material whose first publication took place before the beginning of the policy period Arising out of a criminal act committed by or at the direction of any insured For which the insured has assumed liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement f. Arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement g Arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement h. Arising out of the wrong description of the price of goods products or services stated in your advertisement i. Arising out of the infringement of copyright patent trademark trade secret trade dress slogan or other intellectual property rights. However this exclusion does not apply to infringement of copyright trade dress or slogan in your advertisement j Committed by an insured whose business is 1 Advertising broadcasting publishing electronic publishing or telecasting 2 Designing or determining content of web sites for others or 3 An Internet search access or content provider. However this exclusion 5.j. does not apply to sub paragraphs C. 12. a. b. c. and h. of personal and advertising injury under SECTION V. DEFINITIONS. For purposes of this exclusion 5.. the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting k. Arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control or I. Arising out of the unauthorized use of another s name or product in your e mail address domain name or metatag or any other similar tactics to mislead another s potential customers. POLLUTION 6. Any liability damage loss cost or expense a. Arising directly or indirectly out of the actual alleged or threatened existence discharge seepage migration dispersal release or escape of pollutants or b. Arising out of any U UMB103 C CW 0310 Page 8 of 19 | 1 |
1 Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or 2 Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. PRODUCT RECALL 7. Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of a. Your product b. Your work or c. Impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. PROPERTY DAMAGE 8. Property damage to a. Property you own rent or occupy including any costs or expenses incurred by you or any person or organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property Premises you sell give away or abandon if the property damage arises out of any part of those premises Property loaned to you Personal property in your care custody or control s a0 0w That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations f. That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it d. Your product arising out of it or any part of it or h. Your work arising out of it or any part of it and included in the products completed operations hazard. D. Under Coverage C this policy does not apply to any casualty business crisis arising out of based upon or attributable to PRIOR NOTICE 1. Facts alleged or to the same or related acts alleged or contained in any crisis claim or suit that has been reported or in any circumstances where notice has been given under any policy of which this policy or any underlying insurance is a renewal or replacement or PENDING OR PRIOR CRISIS CLAIM OR SUIT 2. Any pending or prior claim or suit as of the inception date of this policy. SECTION V. DEFINITIONS In this policy words and phrases appearing in bold face type have the definitions shown below. A. The following definitions are applicable to Coverage A Coverage B and Coverage C. 1. Designated insured means a. The persons and organizations specifically described under SECTION V. DEFINITIONS sub paragraphs C.6.a. through C.6.e. below for any insured or b. Any employee authorized by you to give or receive notice of an occurrence claim or suit. U UMB103 C CW 0310 Page 9 of 19 | 1 |
Electronic data means information facts or programs stored as or on created or used on or transmitted to or from computer software including systems and applications software hard or floppy disks CD ROMS tapes drives cells data processing devices or any other media which are used with electronically controlled equipment. Loss means those sums actually paid that the insured is legally obligated to pay as damages for the settiement or satisfaction of a claim because of injury or offense after making proper deductions for all recoveries and salvage. However a. Under Coverage A 1 Loss also includes defense expenses and supplementary payments if underlying insurance includes defense expenses and supplementary payments in the Limits of Insurance and 2 Loss does not include defense expenses and supplementary payments if underlying insurance does not include defense expenses and supplementary payments in the Limits of Insurance. b. Under Coverage B. loss does not include defense expenses and supplementary payments. Other insurance means a policy of insurance providing coverage that this policy also provides. Other insurance includes any type of self insurance or other mechanisms by which an insured arranges for funding of legal liabilities. Other insurance does not include underlying insurance or a policy of insurance specifically purchased to be excess of this policy providing coverage that this policy also provides. Pollutants mean any man made or naturally occurring solid liquid gaseous or thermal irritant or contaminant including but not limited to smoke vapor soot fumes acids alkalis chemicals and waste. Waste includes materials to be recycled reconditioned or reclaimed. Suit means a civil proceeding in which injuries or damages to which this insurance applies are alleged. Suit includes a. An arbitration proceeding in which such damages are claimed and to which the insured must submit pursuant to law or contract or does submit with our consent or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. Underlying insurance means the policy or policies of insurance listed in the Schedule of Underlying Insurance forming a part of this policy. We will only be liable for amounts in excess of the Limits of Insurance shown in the Schedule of Underlying Insurance for any underlying insurance. The following definitions are applicable to Coverage A only 1. 2. Hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. Insured means a. You b. Any person or organization included as an insured in underlying insurance and c. Any person or organization qualifying as an additional insured in underlying insurance but only to the same extent that such person or organization is an additional insured under such underlying insurance. Non Admitted Jurisdiction means a. Any country or political subdivision in which we are not licensed or permitted to insure risks and where doing so would violate the insurance laws and regulations of such jurisdiction or b. Any country or political subdivision where we are prevented by law from investigating defending or settling an occurrence or suit. Occurrence means a covered event as defined in underlying insurance. Qualified Entity means any entity person or organization that is not an insured under this policy and would qualify as an insured under this policy but for the fact that the entity is registered domiciled or has ongoing operations in a non admitted jurisdiction. U UMB103 C CW 0310 Page 10 of 19 | 1 |
The following definitions are applicable to Coverage B only 1. Advertisement means a notice that is broadcast or published to the general public or specific market segments about your goods products or services for the purpose of attracting customers or supporters. For purpose of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding websites only that part of a website that is about your goods products or services for the purpose of attracting customers or supporters is considered an advertisement. Auto means a. A land motor vehicle trailer or semi trailer designed for travel on public roads including any attached machinery or equipment or b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. However auto does not include mobile equipment. Bodily injury means physical injury sickness or disease including death of a person. Bodily injury to such person also means mental anguish mental injury humiliation or shock if directly resulting from physical injury sickness or disease. Employee includes a leased worker. Employee does not include a temporary worker. Impaired property means tangible property other than your product or your work that can not be used or is less useful because a. Itincorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or b. You have failed to fulfill the terms of a contract or agreement If such property can be restored to use by a. The repair replacement adjustment or removal of your product or your work or b. Your fulfilling the terms of the contract or agreement. Insured means a. You if you are an organization shown in the Declarations other than a partnership joint venture or limited liability company. Your executive officers and directors are insureds but only with respect to their duties as your executive officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders b. You if you are a partnership or joint venture shown in the Declarations. Your members your partners and their spouses or domestic partners are also insureds but only with respect to the conduct of your business. Youand your spouse or domestic partner if you are an individual shown in the Declarations but only with respect to the conduct of a business of which you are the sole owner d. You if you are a limited liability company shown in the Declarations. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers e. You if you are a trust shown in the Declarations. Your trustees are also insureds but only with respect to their duties as trustees f. Your employees but only for acts within the scope of their employment by you d. Your volunteer workers but only while performing duties related to the conduct of your business h. Any person or organization while acting as your real estate manager or i. Your legal representative if you die but only with respect to duties as such. U UMB103 C CW 0310 Page 11 of 19 | 1 |
No person or organization is an insured with respect to the conduct of any current past or newly formed partnership limited liability company or joint venture that is not designated within the Declarations of this policy as Named Insured. Insured contract means any written or oral agreement entered into by the insured in the usual course of the business operations of the insured in which the insured assumes the tort liability of another to pay damages because of bodily injury or property damage to a third person or organization where the contract or agreement is made prior to the injury or damage. Liability means a liability that would be imposed by law in the absence of any contract or agreement. Leased worker means a person leased to you by a labor leasing firm under an agreement between you and labor leasing firm to perform duties related to the conduct of your business. Leased worker does not include a temporary worker. Mobile equipment means any of the following types of land vehicles including any attached machinery or equipment a. Bulldozers farm machinery forklifts and other vehicles designed for use principally off public roads b. Vehicles maintained for use solely on or next to premises you own or rent c. Vehicles that travel on crawler treads d. Vehicles whether self propelled or not maintained primarily to provide mobility to permanently mounted 1 Power cranes shovels loaders diggers or drills or 2 Road construction or resurfacing equipment such as graders scrapers or rollers. e. Vehicles not described in a. b. c. or d. above that are not self propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types 1 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment or 2 Cherry pickers and similar devices used to raise or lower workers. f. Vehicles not described in a. b. c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However self propelled vehicles with the following types of permanently attached equipment are not mobile equipment but are considered autos 1 Equipment designed primarily for a Snow removal b Road maintenance but not construction or resurfacing or c Street cleaning 2 Cherry pickers and similar devices mounted on an auto or truck chassis and used to raise or lower workers and 3 Air compressors pumps and generators including spraying welding building cleaning geophysical exploration lighting and well servicing equipment. However mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. 10. Named insured means a. The persons and organizations designated in Item 1. of the Declarations of this policy b. Any organization other than a partnership joint venture or limited liability company over which you maintain majority interest and to which more specific insurance does not apply other than one which you newly acquire or form or U UMB103 C CW 0310 Page 12 of 19 | 1 |
Any newly acquired or formed organization other than a partnership joint venture or limited liability company over which you maintain majority interest and to which more specific insurance does not apply provided that this policy does not apply to any injury or damage that took place before you acquired or formed the organization. 11. Occurrence means a. b. With respect to bodily injury or property damage liability an accident including continuous or repeated exposure to substantially the same general harmful conditions. With respect to personal and advertising injury a covered offense. All damages that arise from the same act publication or general conditions are considered to arise out of the same occurrence regardless of the frequency or repetition thereof the number or kind of media used or the number of claimants. 12. Personal and advertising injury means injury including consequential bodily injury arising out of one or more of the following offenses a. b. 0 T e False arrest detention or imprisonment Malicious prosecution The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor Oral or written publication in any manner of material that slanders or libels a person or organization or disparages a person s or organization s goods products or services Oral or written publication in any manner of material that violates a person s right of privacy The use of another s advertising idea in your advertisement Infringement upon another s copyright trade dress or slogan in your advertisement or Discrimination unless insurance thereof is prohibited by law not arising out of or related to employment practices. Personal and advertising injury also means mental anguish mental injury humiliation or shock if directly resulting from an offense listed in ltems 12.a. through 12.h. above. 13. Products completed operations hazard means all bodily injury and property damage occurring away from premises you own or rent and arising out of your product or your work except a. b. Products that are still in your physical possession or Work that has not yet been completed or abandoned. Your work will be deemed completed at the earliest of the following times 1 When all of the work called for in your contract has been completed 2 When all of the work to be done at the site has been completed if your contract calls for work at more than one site or 3 When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service maintenance correction repair or replacement but which is otherwise complete will be treated as completed. This hazard does not include bodily injury or property damage arising out of a. b. The transportation of property unless the injury or damage arises out of a condition in or on a vehicle created by the loading or unloading of it by any insured or The existence of tools uninstalled equipment or abandoned or unused materials. 14. Property damage means a. b. Physical injury to tangible property including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it or Loss of use of tangible property that is not physically injured. All such loss shall be deemed to occur at the time of the occurrence that caused it. U UMB103 C CW 0310 Page 13 of 19 | 1 |
15. 16. 17. 18. 19. Retained limit means the amount of damages applicable to each occurrence for which the insured is responsible that is shown in Item 5. of the Declarations. Temporary worker means a person who is furnished to you to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Volunteer worker means a person who is not your employee and who donates his or her work and acts at the direction of and within the scope of duties determined by you and is not paid a fee salary or other compensation by you or anyone else for their work performed for you. Your product means a. Any goods or products other than real property manufactured sold handled distributed or disposed of by 1 You 2 Others trading under your name or 3 A person or organization whose business or assets you have acquired and b. Containers other than vehicles materials parts or equipment furnished in connection with such goods or products. Your product includes a. Warranties or representations made at any time with respect to the fitness quality durability performance or use of your product and b. The providing or failure to provide warnings or instructions. Your product does not include vending machines or other property rented to or located for use of others but not sold. Your work means a. Work or operations performed by you or on your behalf and b. Materials parts or equipment furnished in connection with such work or operations. Your work includes a. Warranties or representations made at any time with respect to the fitness quality durability performance or use of your work and b. The providing of or failure to provide warnings or instructions. D. The following definitions are applicable to Coverage C only 1. Casualty business crisis means an event that in the good faith opinion of your principal in the absence of casualty business crisis services has been or may be associated with a. Damages covered by this policy under Coverage A that are in excess of the applicable limits of underlying insurance or under Coverage B that are in excess of the Retained Limit and b. Significant adverse regional or national media coverage. Casualty business crisis shall include without limitation man made disasters such as explosions major crashes multiple deaths or injuries burns dismemberment traumatic brain injury paraplegia or contamination of food drink or pharmaceuticals. For purposes of Coverage C a casualty business crisis will first commence when your principal first become aware of the occurrence and will conclude at the earliest of the time when the casualty business crisis advisor advises you that the crisis no longer exists or when the Casualty Business Crisis Expense Aggregate Limit has been exhausted. Casualty business crisis advisor means any public relations firm or crisis management firm approved by us that is hired by you to perform casualty business crisis services in connection with a casualty business crisis. U UMB103 C CW 0310 Page 14 of 19 | 1 |
3. 5. Casualty business crisis expense means amounts paid a. To you for the reasonable and necessary 1 Fees and expenses of a casualty business crisis advisor in the performance for you of casualty business crisis services solely for a covered casualty business crisis and 2 Amounts for printing advertising mailing of materials or travel by your directors officers employees or agents or a casualty business crisis advisor solely for a casualty business crisis and b. To others for the following reasonable and necessary expenses resulting from such covered casualty business crisis provided that such expenses have been approved by us 1 Medical expenses 2 Funeral expenses 3 Psychological counseling 4 Travel expenses 5 Temporary living expenses 6 Expenses to secure the scene of a casualty business crisis and 7 Any other expenses pre approved by us. Casualty business crisis services means those services performed by a casualty business crisis advisor in advising you on minimizing potential harm to you from a covered casualty business crisis by maintaining or restoring public confidence in you. Principal means your Chief Executive Officer Chief Operating Officer Chief Financial Officer President General Counsel or general partner if you are a partnership or sole proprietor if you are a proprietorship. SECTION VI. CONDITIONS A. The following Conditions are applicable to Coverage A Coverage B and Coverage C. 1. Appeals In the event you or any underlying insurer elects not to appeal a judgment in excess of the amount of the underlying insurance we may elect to appeal at our expense. If we do so elect we will be liable for the costs and additional interest accruing during this appeal. In no event will this provision increase our liability beyond the applicable Limits of Insurance described in SECTION II. of this policy. Audit of Books and Records We may audit and examine your books and records as they relate to this policy at any time during the period of this policy and for up to three 3 years after the expiration or termination of this policy. Bankruptcy or Insolvency The bankruptcy insolvency or inability to pay of any insured will not relieve us from our obligation to pay damages covered by this policy. In the event of bankruptcy insolvency or refusal or inability to pay of any underlying insurer the insurance afforded by this policy will not replace such underlying insurance but will apply as if all the limits of any underlying insurance are fully available and collectible. Cancellation and Nonrenewal a. Cancellation 1 You may cancel this policy. You must mail or deliver advance written notice to us stating when the cancellation is to take effect. 2 We may cancel this policy. If we cancel because of non payment of premium we will mail or deliver to you not less than ten 10 days advance written notice when the cancellation is to take effect. If we cancel for any other reason we will mail or deliver to you not less than ninety 90 days advance written notice stating the reasons for cancellation as well as the date when the cancellation is to take effect. Mailing notice to you at your mailing address shown in Item 2. of the Declarations will be sufficient to prove notice. U UMB103 C CW 0310 Page 15 of 19 | 1 |
3 The policy period will end on the day and hour stated in the cancellation notice. 4 If this policy is cancelled the final premium will be calculated pro rata based on the time this policy was in force. 5 Premium adjustment may be made at the time of cancellation or as soon as practicable thereafter but the cancellation will be effective even if we have not made or offered any refund due you. Our check or our representative s check mailed or delivered will be sufficient tender of any refund due you. b. Nonrenewal If we decide not to renew this policy we will mail or deliver to the first Named insured shown in the Declarations written notice of the nonrenewal not less than thirty 30 days before the expiration date. If notice is mailed proof of mailing will be sufficient proof of notice. Changes Notice to any agent or knowledge possessed by any agent or any other person will not effect a waiver or a change in any part of this policy. This policy can only be changed by a written endorsement that becomes a part of this policy. Currency Settlements will be paid in United States currency or when required in the currency of the country or jurisdiction where the loss or casualty business crisis occurred. When conversion into another currency from United States currency is required to pay any loss or casualty business crisis expense the rate of exchange will be determined on the date of the settlement. The rate of exchange will be the rate we incur in obtaining the foreign currency. First Named Insured The person or organization first named in Item 1. of the Declarations is responsible for the payment of all premiums. The first Named Insured will act on behalf of all other insureds for the giving and receiving of notice of cancellation or any other notice required under this policy or by statute or regulation for the receipt and acceptance of this policy and any endorsements forming a part of this policy and for the receiving of any return premiums that become payable under this policy. Inspection We have the right but are not obligated to inspect the insured s premises and operations at any time. Our inspections are not safety inspections. They relate only to the insurability of the premises and operations and the premium to be charged. We may provide reports on the conditions we find. We may also recommend changes. While these reports may help reduce losses we do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. We do not warrant that the premises or operations are safe or healthful or that they comply with laws regulations codes or standards Entities That Are Registered Domiciled or Have Ongoing Operations in Non Admitted Jurisdictions This condition applies solely with respect to entities that are registered domiciled or have ongoing operations in non admitted jurisdictions. With respect to a qualified entity a. Under Coverage A we will reimburse the first Named Insured for loss incurred by a qualified entity that would have been covered this policy but for the fact that the loss was incurred by a qualified entity including 1 Damages covered by this policy in excess of the total applicable limits of underlying insurance and 2 Reasonable defense expenses incurred with our consent. We have no duty to defend any person or organization against any claim or suit brought or proceeding instituted against any qualified entity in a non admitted jurisdiction but we may at our discretion assume control of or participate in any investigation defense settlement or recovery proceedings. b. Coverage under this policy will not apply until the qualified entity or the qualified entity s underlying insurer has paid or is obligated to pay the full amount of the applicable limits of underlying insurance. U UMB103 C CW 0310 Page 16 of 19 | 1 |
10. 1. 12. 13. c. The duties and requirements imposed upon any insured under this policy will not apply to any non admitted jurisdiction. However with respect to any claims made or suits brought in a non admitted jurisdiction it will be the duty of the first Named Insured to do or cause the applicable qualified entity to do such things as would be required of such qualified entity if Coverage A applied directly to such claim or suit including 1 Make such investigation defense or settlement as we deem reasonable 2 Obtain our approval for any payment and 3 Effect approved payments to others in accordance with the terms and conditions of this insurance. d. Under Coverage B this policy does not apply to any liability damage loss cost or expense arising out of any operations or activities of a qualified entity. e. We will promptly pay the first Named Insured at the mailing address listed in ltem 2. of the Declarations the amount of damages covered under the terms of this policy. If the first Named Insured or any qualified entity recovers from any third party all or part of any amount that we have paid pursuant to this insurance the first Named Insured will promptly reimburse the amount of any such recovery to us. Legal Action Against Us There will be no right of action against us under this insurance unless a. You have complied with all the terms of this policy and b. The amount you owe has been determined by settlement with our consent or by actual trial and final judgment. This insurance does not give anyone the right to add us as a party in an action against you to determine your liability. Maintenance of Underlying Insurance During the period of this policy you agree a. To keep the policies listed in the Schedule of Underlying Insurance in full force and effect b. That the Limits of Insurance of the policies listed in the Schedule of Underlying Insurance will be maintained except for any reduction or exhaustion of limits by payment of claims or suits for damages covered by underlying insurance. The policies listed in the Schedule of Underlying Insurance may not be canceled or not renewed by you without notifying us and you agree to notify us in the event an insurance company cancels or declines to renew any policy listed in the Schedule of Underlying Insurance and d. Renewals or replacements of the policies listed in the Schedule of Underlying Insurance will not be materially changed without our agreement. If you fail to comply with these requirements we will only be liable to the same extent that we would have been had you fully complied with these requirements. Miscellaneous Unintentional Errors and Omissions Any unintentional error or omission in the description of or failure to describe completely any premises or operations intended to be covered by this policy shall not invalidate or affect the coverage for those operations or premises. However the insured must report such error or omission to the company as soon as practicable after its discovery. Other Insurance If other insurance applies to damages that are also covered by this policy this policy will apply excess of the other insurance. However this provision will not apply a. If the other insurance is written to be excess of this policy or b. With respect to Coverage A only if the named insured has agreed in a written contract to carry insurance to apply prior to and be non contributory with that of another person or organization s insurance but only as respects damages arising out of insured operations or work on behalf of the named insured performed under such written contract. The limits available to the other person or organization will be the lesser of the policy limits or the minimum limits required by such written contract. In that case other insurance of that person or organization will apply as excess and not contribute prior to the insurance afforded by this policy. U UMB103 C CW 0310 Page 17 of 19 | 1 |
14. 15. 16. 17. 18. 19. 20. Nothing herein will be construed to make this policy subject to the terms conditions and limitations of such other insurance. Premium The premium for this policy as stated in Item 6. of the Declarations is a flat premium. It is not subject to adjustment unless an endorsement is attached to this policy. Separation of Insureds Except with respect to the Limits of Insurance and any rights or duties specifically assigned to the first Named Insured this insurance applies a. Asif each named insured were the only named insured and b. Separately to each insured against whom claim is made or suit is brought. Terms Conformed to Statute The terms of this policy which are in conflict with the statutes laws ordinances or regulations in any country jurisdiction state or province where this policy is issued are amended to conform to such statutes laws ordinances or regulations. If we are prevented by law or statute from paying on behalf of the insured then we will where permitted by law or statute indemnify the insured. Transfer of Rights of Recovery Against Others to Us a. If the insured has rights to recover all or part of any payment we have made under this insurance those rights are transferred to us. The insured must do nothing after the loss to impair them. At our request the insured will bring suit or transfer those rights to us and help us enforce them. However if any insured is required by a written contract or agreement which is executed before a loss to waive their rights of recovery from others we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations for which the insured has not waived their rights of recovery by contract. b. Any amount recovered will be apportioned in the inverse order of payment of loss to the extent of actual payment. The expenses of all such recovery proceedings will be apportioned in the ratio of respective recoveries. Transfer of Your Rights and Duties Your rights and duties under this insurance may not be transferred without our written consent. If you die then your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed anyone having temporary custody of your property will have your rights and duties but only with respect to that property. When Loss is Payable Coverage under this policy will not apply until the insured or the insured s underlying insurer has paid or is legally obligated to pay the full amount of the Underlying Limits of Insurance or Retained Limit. When the amount of loss is determined by an agreed settlement or on a final judgment against an insured obtained after an actual trial we will promptly pay on behalf of the insured the amount of loss covered under the terms of this policy. The first Named Insured will promptly reimburse us for any amount within the Retained Limit paid by us. Violation of Economic or Trade Sanctions If coverage for a claim or suit under this policy is in violation of any economic or trade sanctions of the United States of America then coverage for that claim or suit will be and void. The following Condition is applicable to Coverage A and Coverage B 1. Notice of Occurrence Claim or Suit a. You must see to it that we are notified as soon as practicable of an occurrence which may result in damages covered by this policy. To the extent possible notice will include 1 How when and where the occurrence took place U UMB103 C CW 0310 Page 18 of 19 | 1 |
2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence. b. Knowledge of an occurrence by the agent servant or employee of yours shall not in itself constitute knowledge by the insured unless you or any employee authorized by you to give or receive notice of an occurrence claim or suit shall have received such notice from the agent servants or employee. c. If aclaim or suit against any Insured is reasonably likely to involve this policy you must notify us in writing as soon as practicable. d. You and any other involved insured must 1 Immediately send us copies of any demands notices summonses or legal papers received in connection with the claim or suit 2 Authorize us to obtain records and other information 3 Cooperate with us in the investigation settlement or defense of the claim or suit and 4 Assist us upon our request in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. e. The insureds will not except at their own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. f. Your failure to give notice of an occurrence to us shall not invalidate coverage under this policy if the occurrence was inadvertently reported to another Insurer. However you shall report any such occurrence to us as soon as practicable once you become aware of such error. C. The following Conditions are applicable to Coverage C 1. Notice of a Casualty Business Crisis You must see to it that we are notified of a casualty business crisis as soon as practicable after it first commences. Such notice shall include a description of the casualty business crisis and the reason it is likely to involve damages covered by this policy in excess of the applicable limits of underlying insurance under Coverage A or Retained Limit under Coverage B and significant adverse regional or national media coverage. We will not be liable for casualty business crisis expense incurred prior to or more than one hundred eighty 180 days after the date notice of such casualty business crisis is first given to us. Notice to us shall be given to Zurich Claim Reporting Care Center P.O. Box 49547 Colorado Springs CO 80949 Phone 1 800 987 3373 Fax 1 877 962 2567 E Mail USZ Care CenterZurichna.com. Arbitration If you and we disagree as to whether a casualty business crisis has occurred both parties may by mutual consent agree in writing to arbitration of the disagreement and the right to any reimbursement for casualty business crisis expense. In this event each party will select an arbitrator. The two arbitrators will select a third. If they can not agree within 30 days both parties must request that selection be made by a judge of a court having jurisdiction. Each party will a. Pay the expenses it incurs and b. Bear the expenses of the third arbitrator equally. Unless both parties agree otherwise arbitration will take place in the state county or parish in which the address shown in the Declarations is located. Local rules of law as to procedure and evidence will apply. U UMB103 C CW 0310 Page 19 of 19 | 1 |
Endorsement 01 Z ZURICH Certified Act of Terrorism Retained Amount Provisions Coverage B Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Addl Prem. Return Prem. AUC 9768828 00 10012021 10012022 10012021 37385000 Named Insured and Mailing Address Producer IPFS CORPORATION DBA IMPERIAL PFS 1055 Broadway Blvd FI 11TH Kansas City MO 64105 2289 LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CERTIFIED ACT OF TERRORISM RETAINED AMOUNT SCHEDULE Each Occurrence Retained Amount 1000000 Products Completed Operations Aggregate Retained Amount 2000000 Other Aggregate Retained Amount 2000000 Certified Act of Terrorism Retained Amount Provisions Coverage B The following additional provisions apply under Coverage B of this policy as respects any liability damage loss cost or expense arising directly or indirectly out of a certified act of terrorism including any action taken in hindering or defending against an actual or expected certified act of terrorism regardless of any other cause or event that contributes concurrently or in any sequence to the injury or damage A. The Retained Amounts shown in the Schedule above apply in place of the Coverage B retained limit specified in Item 5. of the Declarations or any amount payable by other insurance whichever is greater and are the only retained amount provisions applying to any loss claim or suit from a certified act of terrorism. These provisions do not apply to any other loss claim or suit not involving a certified act of terrorism that would still be subject to the applicable Coverage B retained limit amount. The specific retained amounts applying to certified acts of terrorism are as follows 1. The Each Occurrence Retained Amount shown in the Schedule above is the total retained amount of damages for which the insured is responsible applicable to each occurrence. 2. The Products Completed Operations Aggregate Retained Amount shown in the Schedule above is the total retained amount of damages for which the insured is responsible applicable to all occurrences included within the products completed operations hazard. 3. The Other Aggregate Retained Amount shown in the Schedule above is the total retained amount of damages for which the insured is responsible applicable to all occurrences except for occurrences included within the products completed operations hazard. B. The following changes apply to SECTION Ill. DEFENSE AND SUPPLEMENTARY PAYMENTS as respects Coverage B only as respects to a loss claim or suit to which this endorsement applies 1. We have the right and duty to assume control of the investigation and settlement of any claim or defense of any suit against the insured for damages covered by this policy under Coverage B when the applicable retained amount has been exhausted by payment of claims. Copyright 2015 Zurich American Insurance Company Includes copyrighted material of Insurance Services Office Inc. with its permission. U UMB406 D CW 0115 Page 1 of 2 | 2 |
2. In those circumstances where paragraph B.1. of this endorsement applies in addition to the applicable Limits of Insurance we will pay our expenses and the following to the extent that they are not included in underlying insurance or other insurance a. Up to 2000 for the cost of bail bonds. We do not have to furnish these bonds b. The cost of bonds to release attachments but only for bond amounts within the amount of insurance available. We do not have to furnish these bonds c. Reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings because of time off work Costs taxed against the insured in the suit Pre judgment interest awarded against the insured on that part of the judgment we pay. However if we make an offer to pay the applicable Limit of Insurance we will not pay any pre judgment interest on that period of time after the offer and f. Allinterest on the full amount of any judgment that accrues after entry of the judgment and before we have paid offered to pay or deposited in court that part of the judgment that is within the applicable Limits of Insurance. In those circumstances where paragraph B.1. of this endorsement does not apply we do not have the duty to assume control of the investigation and settlement of any claim or defense of any suit against the insured. We do however have the right to participate in the investigation and settlement of any claim or defense of any suit that we feel may create liability on our part under the terms of this policy. If we exercise this right we will do so at our expense. We will not investigate and settle any claim or defend any suit after we have exhausted the applicable Limit of Insurance as stated in Item 4. of the Declarations. If we are prevented by law from carrying out the provisions of paragraph B.1. of this endorsement we will pay any expense incurred with our consent. C. The following provision is added to SECTION VI. CONDITIONS Paragraph A.10. Notice of Occurrence Claim or E. Suit You must notify us immediately in writing of any claim or suit which seeks damages in an amount which is fifty 50 percent or more of the amount of the Each Occurrence Retained Amount stated in the Schedule of this endorsement. As used in this endorsement certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with the provisions of the federal Terrorism Risk Insurance Act TRIA to be an act of terrorism. TRIA provides that the Secretary of Treasury shall certify an act of terrorism 1. 2. 3. 4. To be an act of terrorism To be a violent act or an act that is dangerous to human life property or infrastructure To have resulted in damage within the United States or outside of the United States in the case of an air carrier as defined in section 40102 of Title 49 United States Code or a United States flag vessel or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States or the premises of a United States mission and To have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. No act may be certified as an act of terrorism if the act is committed as part of the course of a war declared by Congress except for workers compensation or if losses resulting from the act in the aggregate for insurance subject to TRIA do not exceed 5000000. As used in this endorsement retained amount means the amount of damages for which the insured is responsible as shown in the Schedule of this endorsement. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. Copyright 2015 Zurich American Insurance Company Includes copyrighted material of Insurance Services Office Inc. with its permission. U UMB406 D CW 0115 Page 2 of 2 | 2 |
Endorsement 02 ZURICH Abuse Or Molestation Exclusion Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Add Prem. Return Prem. AUC 9768828 00 10012021 10012022 10012021 37385000 Named Insured and Mailing Address IPFS CORPORATION DBA IMPERIAL PFS 1055 Broadway Blvd FI 11TH Kansas City MO 64105 2289 Producer LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. of Under Coverage A and Coverage B this policy does not apply to any liability damage loss cost or expense arising out 1. The actual threatened or alleged abuse or molestation by anyone of any person in the care custody or control of any insured or 2. The negligent g e TP e. employment investigation supervision reporting to the proper authorities or failure to so report or retention of a person for whom any insured is or ever was legally responsible for their conduct arising out of any actual threatened or alleged abuse or molestation by anyone of any person. U UMB109 A CW 0799 Page 1 of 1 | 2 |
Endorsement 03 ZURICH Aircraft Exclusion Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Add Prem. Return Prem. AUC 9768828 00 10012021 10012022 10012021 37385000 Named Insured and Mailing Address IPFS CORPORATION DBA IMPERIAL PFS 1055 Broadway Blvd FI 11TH Kansas City MO 64105 2289 Producer LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SECTION IV. EXCLUSIONS Exclusion C. 1. AIRCRAFT AUTOS OR WATERCRAFT paragraph a. is deleted. The following exclusion is added to SECTION IV. EXCLUSIONS paragraph A. AIRCRAFT Under Coverage A and Coverage B this policy does not apply to any liability damage loss cost or expense arising out of the ownership maintenance operation use entrustment to others loading or unloading of any aircraft. 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. U UMB110 B CW 0703 Page 1 of 1 | 2 |
Endorsement 04 ZURICH Care Custody Or Control Exclusion Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Add Prem. Return Prem. AUC 9768828 00 10012021 10012022 10012021 37385000 Named Insured and Mailing Address IPFS CORPORATION DBA IMPERIAL PFS 1055 Broadway Blvd FI 11TH Kansas City MO 64105 2289 Producer LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Under Coverage A this policy does not apply to property damage to ALL REAL PERSONAL PROPERTY of others in the care custody or control of the insured. If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. U UMB129 B CW 0703 Page 1 of 1 | 2 |
Endorsement 05 ZURICH Cross Suits Exclusion Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Add Prem. Return Prem. AUC 9768828 00 10012021 10012022 10012021 37385000 Named Insured and Mailing Address IPFS CORPORATION DBA IMPERIAL PFS 1055 Broadway Blvd FI 11TH Kansas City MO 64105 2289 Producer LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Under Coverage A and Coverage B this policy does not apply to any liability damage loss cost or expense arising out of any claim or suit by one Named Insured against another Named Insured. U UMB141 A CW 0799 Page 1 of 1 | 2 |
Endorsement 06 ZURICH Financial Institutions Exclusion Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Add Prem. Return Prem. AUC 9768828 00 10012021 10012022 10012021 37385000 Named Insured and Mailing Address IPFS CORPORATION DBA IMPERIAL PFS 1055 Broadway Blvd FI 11TH Kansas City MO 64105 2289 Producer LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Under Coverage A and Coverage B this policy does not apply to any liability damage loss cost or expense arising out of A B. The ownership maintenance operation use entrustment to others or loading or unloading of any aircraft watercraft railroad locomotive or railroad cars in which any insured has any financial interest as a lessor or mortgagee Property damage to or loss or depreciation of any property of whatsoever nature held by deposited with entrusted to or otherwise in the care custody or control of any insured or as to which any insured is for any purpose exercising control The assumption of liability by or on behalf of any insured under any binder policy or contract of insurance reinsurance suretyship annuity or endowment or resulting from any acts errors or omissions in effecting such binders policies or contracts. Any act error omission or breach of duty in performing or failure to perform banking or fiduciary services or in giving financial economic or investment advice or in rendering investment advisory or management services Brought about by or contributed to by any dishonest or fraudulent acts of any insured or any director officer or employee of any insured The ownership maintenance operation entrustment to others use control or management of any property or business enterprise for which any insured is acting as a fiduciary or representative capacity or Any act error or omission of any insured or of any other person for whose acts errors or omissions any insured is legally responsible arising out of any failure to comply with the Truth in Lending Act or any similar Federal State or Municipal Statute. Any act error or omission of any insured or of any other person for whose acts errors or omissions any insured is legally responsible arising out of any failure to comply with the Gramm Leach Bliley Act also known as the Financial Services Modernization Act or any similar Federal State or Municipal Statute. As used in this endorsement The term fiduciary shall include administrator executor trustee under will or trust agreement committee for incompetence guardian any agent or sub agent of any of the foregoing custodian of securities manager of property of whatsoever nature interest or dividend disbursing agent paying agent fiscal agent transfer agent registrar agent agent for voting trustee warrant agent depository agent for a committee of holders of stock or securities escrow agent trustee under bond indenture sinking fund agent receiver or trustee appointed by any court in receivership bankruptcy or reorganization proceeding or any similar trust representative or semifiduciary capacity. U UMB181 B CW 0703 Page 1 of 1 | 2 |
Endorsement 07 ZURICH Foreign Operations Exclusion Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Add Prem. Return Prem. AUC 9768828 00 10012021 10012022 10012021 37385000 Named Insured and Mailing Address IPFS CORPORATION DBA IMPERIAL PFS 1055 Broadway Blvd FI 11TH Kansas City MO 64105 2289 Producer LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Under Coverage A and Coverage B this policy does not apply to any liability damage loss cost or expense arising out of any insured s operations or activities outside of the United States of America including its territories and possessions Puerto Rico or Canada whether or not the insured s responsibility to pay damages is determined in a suit on the merits in the United States of America including its territories and possessions Puerto Rico or Canada. U UMB182 A CW 0799 Page 1 of 1 | 2 |
Endorsement 08 Z ZURICH Insurance Related Operations Exclusion Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Addl Prem. Return Prem. AUC 9768828 00 10012021 10012022 10012021 37385000 Named Insured and Mailing Address Producer IPFS CORPORATION DBA IMPERIAL PFS 1055 Broadway Blvd FI 11TH Kansas City MO 64105 2289 LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial Umbrella Liability Policy Under Coverage A and Coverage B this policy does not apply to any liability damage loss cost or expense arising out of 1. Any obligation assumed by any insured under any contract or treaty of insurance reinsurance suretyship annuity endowment or employee benefit plan including applications receipts or binders therefor 2. The failure to discharge or the improper discharge of any obligation or duty contractual or otherwise any contract or treaty of insurance reinsurance suretyship annuity endowment or employee benefit plan including applications receipts or binders therefor 3. Membership in or contribution to any plan pool association insolvency or guarantee fund or any similar fund organization or association whether voluntary or involuntary or 4. Any act error or omission of any insured or of any other person for whose acts errors or omissions any insured is legally responsible arising out of any failure to comply with the Gramm Leach Bliley Act also known as the Financial Services Modernization Act or any similar Federal State or Municipal Statute. 5. The rendering of or failure to render professional services in a. Advising inspecting reporting or making recommendations in the insured s capacity as an insurance company consultant broker agent or representative thereof b. Effecting insurance reinsurance or suretyship coverage Investigating defending or settling any claim under any contract of insurance self insurance reinsurance or suretyship Auditing of accounts or records of others Conducting an investment loan or real estate department or operation f. Acting in any capacity as a fiduciary or trustee for mutual funds pension or welfare funds or other similar activities or g. Performing any claim investigative adjustment engineering inspection or data processing service. These exclusions apply 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 liability damage loss cost or expense involved that which is described in Paragraph 1. 2. 3. 4. or 5. above. All other terms conditions provisions and exclusions of this policy remain the same. U UMB186 C CW 0114 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Endorsement 09 ZURICH Lead Exclusion Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Add Prem. Return Prem. AUC 9768828 00 10012021 10012022 10012021 37385000 Named Insured and Mailing Address IPFS CORPORATION DBA IMPERIAL PFS 1055 Broadway Blvd FI 11TH Kansas City MO 64105 2289 Producer LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. A. Under Coverage A and Coverage B this policy does not apply to 1. Any liability damage loss cost or expense arising out of resulting from caused by or contributed to by toxic or pathological properties of lead lead compounds or lead contained in any materials Any cost or expense to abate mitigate remove or dispose of lead lead compounds or materials containing lead Any supervision instructions recommendations warnings or advice given or which should have been given in connection with paragraphs 1. or 2. above or Any obligation to share damages with or repay anyone else who must pay damages in connection with paragraphs 1. 2. or 3. above. U UMB193 A CW 0799 Page 1 of 1 | 2 |
Endorsement 10 Z ZURICH Liquor Law Liability Exclusion Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Addl Prem. Return Prem. AUC 9768828 00 10012021 10012022 10012021 37385000 Named Insured and Mailing Address Producer IPFS CORPORATION DBA IMPERIAL PFS 1055 Broadway Blvd FI 11TH Kansas City MO 64105 2289 LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial Umbrella Liability Policy Under Coverage A and Coverage B this policy does not apply to any liability damage loss cost or expense for which any insured or anyone for whose acts any insured may be legally liable by reason of 1. Causing or contributing to the intoxication of any person 2. The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or 3. Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in a. The supervision hiring employment training or monitoring of others by that insured or b. Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol if the occurrence which caused the liability damage loss cost or expense involved that which is described in Paragraph 1. 2. or 3. above. However this exclusion applies only if you 1. Manufacture sell or distribute alcoholic beverages 2. Serve or furnish alcoholic beverages for a charge whether or not such activity a. Requires a license or b. s for the purpose of financial gain or livelihood or 3. Serve or furnish alcoholic beverages without a charge if a license is required for such activity. For the purposes of this exclusion permitting a person to bring alcoholic beverages on your premises for consumption on your premises whether or not a fee is charged or a license is required for such activity is not by itself considered the selling serving or furnishing alcoholic beverages. All other terms conditions provisions and exclusions of this policy remain the same. U UMB196 B CW 0114 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Endorsement 11 Z ZURICH Professional Liability Exclusion Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Addl Prem. Return Prem. AUC 9768828 00 10012021 10012022 10012021 37385000 Named Insured and Mailing Address Producer IPFS CORPORATION DBA IMPERIAL PFS 1055 Broadway Blvd FI 11TH Kansas City MO 64105 2289 LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial Umbrella Liability Policy Under Coverage A and Coverage B this policy does not apply to any liability damage loss cost or expense arising out of any breach of duty negligent act error misstatement or omission of any insured or any person for whom the insured is legally responsible in the rendering of or failure to render any professional service. 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 liability damage loss cost or expense involved the rendering of or failure to render any professional service. All other terms conditions provisions and exclusions of this policy remain the same. U UMB228 D CW 0114 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Endorsement 12 ZURICH Watercraft Liability Exclusion Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Add Prem. Return Prem. AUC 9768828 00 10012021 10012022 10012021 37385000 Named Insured and Mailing Address IPFS CORPORATION DBA IMPERIAL PFS 1055 Broadway Blvd FI 11TH Kansas City MO 64105 2289 Producer LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SECTION IV. EXCLUSIONS Exclusion C. 1. AIRCRAFT AUTOS OR WATERCRAFT paragraph c. is deleted. The following exclusion is added to SECTION IV. EXCLUSIONS paragraph A. WATERCRAFT Under Coverage A and Coverage B this policy does not apply to any liability damage loss cost or expense arising out of the ownership maintenance use or entrustment to others of any watercraft owned or operated by or chartered rented or loaned to any insured. Use includes operations 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. U UMB259 B CW 0703 Page 1 of 1 | 2 |
ZURICH Fungus or Bacteria Exclusion THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. AUC 9768828 00 Effective Date 10012021 This endorsement modifies insurance provided under the Commercial Umbrella Liability Policy Under Coverage A and Coverage B this policy does not apply to any liability damage loss cost or expense A. Caused directly or indirectly by the actual alleged or threatened inhalation of ingestion of contact with exposure to existence of or presence of any 1. Fungi or bacteria or 2. Substance vapor or gas produced by or arising out of any fungi or bacteria. B. Arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. Definitions As used in this endorsement 1. 3. Bacteria means any type or form of bacteria and any materials or substances that are produced or released by bacteria. Fungi means any type or form of fungus including mold or mildew and any mycotoxins spores scents or by products produced or released by fungi. Spores means reproductive bodies produced by or arising out of fungi. This exclusion applies to all diseases contracted by contact with fungi or bacteria in water water vapor or water droplets including but not limited to Legionnaire s Disease. This exclusion does not apply to any bodily injury or property damage caused by any fungi or bacteria that are are on or are contained in any other edible good or edible product intended for human or animal consumption. All other terms conditions provisions and exclusions of this policy remain the same. Includes copyrighted material of Insurance Services Office Inc. with its permission. U UMB385 C CW 0719 Page 1 of 1 | 2 |
Endorsement 13 ZURICH Silica or Silica Mixed Dust Exclusion Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Add Prem. Return Prem. AUC 9768828 00 10012021 10012022 10012021 37385000 Named Insured and Mailing Address IPFS CORPORATION DBA IMPERIAL PFS 1055 Broadway Blvd FI 11TH Kansas City MO 64105 2289 Producer LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Under Coverage A and Coverage B this policy does not apply to 1. Any liability damage loss cost or expense caused directly or indirectly in whole or in part by the actual alleged or threatened inhalation ingestion absorption exposure to existence of or presence of silica or Any loss costs or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any manner responding to or assessing the effects of silica by any insured or by any other person or entity. As used in this exclusion silica means a. Any form of crystalline or non crystalline amorphous silica silica particles silica compounds silica dust or silica mixed or combined with dust or other particles or b. Synthetic silica including precipitated silica silica gel pyrogenic or fumed silica or silica flour. U UMB488 A CW 0604 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Endorsement 14 ZURICH Total Pollution Exclusion With A Hostile Fire Exception Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Add Prem. Return Prem. AUC 9768828 00 10012021 10012022 10012021 37385000 Named Insured and Mailing Address IPFS CORPORATION DBA IMPERIAL PFS 1055 Broadway Blvd FI 11TH Kansas City MO 64105 2289 Producer LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Exclusions B. POLLUTION under Coverage A and C. 6. POLLUTION under Coverage B of Section IV. EXCLUSIONS are deleted and replaced by the following Under Coverage A and Coverage B this policy does not apply to any liability damage loss cost or expense POLLUTION 1. Arising directly or indirectly out of the actual alleged or threatened existence discharge seepage migration dispersal release or escape of pollutants. This exclusion does not apply to bodily injury or property damage arising out of heat smoke or fumes from a hostile fire unless that hostile fire occurred or originated a. b. At any premises site or location which is or was at any time used by or for any insured or others for the handling storage disposal processing or treatment of waste or At any premises site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured s behalf are performing operations to test for monitor clean up remove contain treat detoxify neutralize or in any way respond to or assess the effects of pollutants. Arising out of any a. Request demand order or statutory or regulatory requirement that any insured or others test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or assess the effects of pollutants or Claim or suit by or on behalf of a governmental authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. As used in this endorsement hostile fire means one which becomes uncontrollable or breaks out from where it was intended to be. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. U UMB664 A CW 0310 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Endorsement 15 Z ZURICH Access Or Disclosure Of Confidential Or Personal Information Following Form Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Addl Prem. Return Prem. AUC 9768828 00 10012021 10012022 10012021 37385000 Named Insured and Mailing Address Producer IPFS CORPORATION DBA IMPERIAL PFS 1055 Broadway Blvd FI 11TH Kansas City MO 64105 2289 LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. A. Paragraph A. 4. of SECTION IV. EXCLUSIONS is deleted B. The following is added to Paragraph C. of SECTION IV. EXCLUSIONS Under Coverage B this policy does not apply to any liability damage loss cost or expense ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION Arising out of a. Any access to or disclosure of any person s or organization s confidential or personal information including patents trade secrets processing methods customer lists financial information credit card information health information or any other type of nonpublic information or b. The loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. This exclusion applies even if damages are claimed for notification costs credit monitoring expenses forensic expenses public relations expenses or any other loss cost or expense incurred by you or others arising out of that which is described in Paragraph a. or b. above. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. U UMB922 A CW 0115 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Endorsement 16 Z ZURICH Sanctions Exclusion Endorsement Policyholder IPFS CORPORATION DBA IMPERIAL PFS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. The following exclusion is added to the policy to which it is attached and supersedes any existing sanctions language in the policy whether included in an Exclusion Section or otherwise SANCTIONS EXCLUSION Notwithstanding any other terms under this policy we shall not provide coverage nor will we make any payments or provide any service or benefit to any insured beneficiary or third party who may have any rights under this policy to the extent that such cover payment service benefit or any business or activity of the insured would violate any applicable trade or economic sanctions law or regulation. The term policy may be comprised of common policy terms and conditions the declarations notices schedule coverage parts insuring agreement application enroliment form and endorsements or riders if any for each coverage provided. Policy may also be referred to as contract or agreement. We may be referred to as insurer underwriter we us and our or as otherwise defined in the policy and shall mean the company providing the coverage. Insured may be referred to as policyholder named insured covered person additional insured or claimant or as otherwise defined in the policy and shall mean the party person or entity having defined rights under the policy. These definitions may be found in various parts of the policy and any applicable riders or endorsements. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED U GU1191 A CW 0315 Page 10f 1 | 2 |
ZURICH Missouri Nonrenewal Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Add Prem. Return Prem. AUC 9768828 00 10012021 10012022 10012021 37385000 Named Insured Mailing Address IPFS CORPORATION DBA IMPERIAL PFS 1055 Broadway Blvd FI 11TH Kansas City MO 64105 2289 Producer LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. B. SECTION VI. CONDITIONS A. 4. Cancellation and Nonrenewal b. Nonrenewal is deleted and replaced with the following b. Nonrenewal If we decide not to renew this policy we will mail or deliver to you written notice of the nonrenewal not less than sixty 60 days before the expiration date of this policy. Mailing notice to you at the address shown in the policy will be sufficient to prove notice. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. U UMB299 C MO 0410 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Endorsement 17 Z ZURICH Exclusion Recording And Distribution Of Material Or Information In Violation Of Law Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Addl Prem. Return Prem. AUC 9768828 00 10012021 10012022 10012021 37385000 Named Insured and Mailing Address Producer IPFS CORPORATION DBA IMPERIAL PFS 1055 Broadway Blvd FI 11TH Kansas City MO 64105 2289 LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial Umbrella Liability Policy Under Section IV. Exclusions paragraph A. 6. Violation Of Statutes is replaced by the following RECORDING AND DISTRIBUTION OF MATERIAL OR INFORMATION IN VIOLATION OF LAW 6. Directly or indirectly arising out of or based upon any action or omission that violates or is alleged to violate a. The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law b. The CAN SPAM Act of 2003 including any amendment of or addition to such law c. The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transactions Act FACTA or d. Any federal state or local statute ordinance or regulation other than the TCPA CAN SPAM Act of 2003 or FCRA and their amendments and additions or any other legal liability at common law or otherwise that addresses prohibits or limits the printing dissemination disposal monitoring collecting recording use of sending transmitting communicating or distribution of material or information. All other terms conditions provisions and exclusions of this policy remain the same. U UMB525 F CW 0114 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Endorsement 18 ZURICH Umbrella Amendatory Endorsement ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer Addl Prem. Return Prem. AUC 9768828 00 10012021 10012022 10012021 37385000 Named Insured and Mailing Address Producer IPFS CORPORATION DBA IMPERIAL PFS 1055 Broadway Blvd FI 11TH Kansas City MO 64105 2289 LOCKTON COMPANIES LLC 444 W 47TH ST STE 900 KANSAS CITY MO 64112 1906 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the Commercial Umbrella Liability Policy A. Under SECTION IV. EXCLUSIONS Paragraph C.5. Personal and Advertising Injury Subparagraphs b. and c. are replaced by the following b. Arising out of oral or written publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity c. Arising out of oral or written publication in any manner of material whose first publication took place before the beginning of the policy period B. Under SECTION V. DEFINITIONS Paragraph C.2. Auto Subparagraph b. is replaced by the following b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged C. Under SECTION V. DEFINITIONS Paragraph C.9. Mobile equipment the last Paragraph under the definition of Mobile equipment is replaced by the following However mobile equipment does not include any land vehicles that are subject to a compulsory or financial responsibility law or other motor vehicle insurance law where it is licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law are considered autos. All other terms conditions provisions and exclusions of this policy remain the same. U UMB906 A CW 0114 Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Endorsement 19 Z ZURICH Cap On Losses From Certified Acts Of Terrorism Insured s Name Policy Number Effective Date Endorsement Number IPFS CORPORATION DBA IMPERIAL PFS. AUC 9768828 00 10012021 19 THIS ENDORSEMENT CHANGES YOUR POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies your insurance. Commercial Umbrella Liability Policy A. Cap on Losses From Certified Terrorism Losses Certified act of terrorism means an act that is certified by the Secretary of the Treasury in accordance with provisions of the federal Terrorism Risk Insurance Act TRIA to be an act of terrorism. The Terrorism Risk Insurance Act provides that the Secretary of Treasury shall certify an act of terrorism 1. To be an act of terrorism 2. To be a violent act or an act that is dangerous to human life property or infrastructure 3. To have resulted in damage within the United States or outside of the United States in the case of an air carrier as defined in section 40102 of Title 49 United States Code or a United States flag vessel or a vessel based principally in the United States on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States or the premises of a United States mission and 4. To have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. No act may be certified as an act of terrorism if the act is committed as part of the course of a war declared by Congress except for workers compensation or if losses resulting from the act in the aggregate for insurance subject to TRIA do not exceed 5000000. If aggregate insured losses attributable to one or more certified acts of terrorism exceed 100 billion in a calendar year January 1 through December 31 and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of Treasury. B. Application of Other Exclusions The terms and limitations of a terrorism exclusion or any other exclusion or the inapplicability or omission of a terrorism exclusion or any other exclusion do not serve to create coverage which would otherwise be excluded limited or restricted under this policy. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. Copyright 2015 Zurich American Insurance Company Includes copyrighted material of Insurance Services Office Inc. with its permission. U GU767 B CW 0115 Page 1 of 1 | 2 |
NOTICE TO POLICYHOLDERS TEXAS AVISO IMPORTANTE Para obtener informacion o para someter una queja Puede comunicarse con su agente. Usted puede llamar al numero de telefono gratis de XL Insurance para informacion o para someter una queja al 1 800 622 7311 Usted tambien puede escribir a XL Insurance Seaview House 70 Seaview Avenue Stamford CT 06902 6040 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias coberturas derechos o quejas al 1 800 252 3439 Puede escribir al Departamento de Seguros de Texas P.O. Box 149104 Austin TX 78714 9104 FAX 512 475 1771 Web httpwww.tdi.state.tx.us E mail ConsumerProtectiontdi.state.tx.us IMPORTANT NOTICE To obtain information or make a complaint You may contact your agent. You may call XL Insurance toll free telephone number for information or to make a complaint at 1 800 622 7311 You may also write to XL Insurance at Seaview House 70 Seaview Avenue Stamford CT 06902 6040 You may contact the Texas Department of Insurance to obtain information on companies coverages rights or complaints at 1 800 252 3439 You may write the Texas Department of Insurance P.O. Box 149104 Austin TX 78714 9104 FAX 512 475 1771 Web httpwww.tdi state.tx.us E mail ConsumerProtectiontdi.state.tx.us PREMIUM OR CLAIM DISPUTES Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY This notice is for information only and does not become a part or condition of the attached document. DISPUTAS SOBRE PRIMAS O RECLAMOS Si tiene una disputa concemiente a su prima 0 aun reclamo debe comunicarse con el agente primero. Sino se resuelve la disputa puede entonces comunicarse con el departamento TDI. UNA ESTE AVISO A SU POLIZA Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. PN TX 010511 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Page 1 of 1 | 2 |
NOTICE TO POLICYHOLDERS RESTRICTION OF COVERAGE Asbestos Exclusion This Notice does not form a part of your insurance contract. This Notice is designed to alert you of the Asbestos Exclusion contained in the Policy. No coverage is provided by this Notice nor can it be construed to replace any provisions of your Policy. If there is any conflict between the Policy and this Notice the provisions of the Policy shall prevail. Please read your Policy and the endorsements attached to your Policy carefully. Coverage is excluded for Asbestos a The manufacture of mining of use of sale of installation of removal of distribution of or exposure to asbestos ashestos products asbestos fibers or asbestos dust b Any obligation of the insured to indemnify a party because of damages arising out of but not limited to 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 c Any obligation to defend any suit or claim against the insured that seeks damages if such suit or claim arises out of but not limited to 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. NTU 005 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Page 1 of 1 | 2 |
NOTICE TO POLICYHOLDERS RESTRICTION OF COVERAGE Lead Exclusion This Notice does not form a part of your insurance contract. This Notice is designed to alert you of the Lead Exclusion contained in the Policy. No coverage is provided by this Notice nor can it be construed to replace any provisions of your Policy. If there is any conflict between the Policy and this Notice the provisions of the Policy shall prevail. Please read your Policy and the endorsements attached to your Policy carefully. Coverage is excluded for Bodily injury property damage or personal and advertising injury arising out of lead including but not limited to the ingestion inhalation or absorption of lead in any form Any loss cost or expense arising out of any 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 lead 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 lead. NTU 008 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Page 1 of 1 | 2 |
NOTICE TO POLICYHOLDERS RESTRICTION OF COVERAGE Silica and Silica Related Dust Exclusion This Notice does not form a part of your insurance contract. This Notice is designed to alert you of the Silica and Silica Related Dust Exclusion contained in the Policy. No coverage is provided by this Notice nor can it be construed to replace any provisions of your Policy. If there is any conflict between the Policy and this Notice the provisions of the Policy shall prevail. Please read your Policy and the endorsements attached to your Policy carefully. Coverage is excluded for 1 The actual alleged threatened or suspected inhalation of or ingestion of silica or silica related dust. 2 The actual alleged threatened or suspected contact with exposure to existence of or presence of silica or silica related dust. 3 Any loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of silica or silica related dust by any insured or by any other person or entity. For the purposes of this exclusion the following definitions apply Silica means silicon dioxide occurring in crystalline amorphous and impure forms silica particles silica dust or silica compounds. Silica related dust means a mixture or combination of silica and other dust or particles. NTU 010 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Page 1 of 1 | 2 |
FRAUD NOTICE Arkansas Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. Colorado It is unlawful to knowingly provide false incomplete or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment fines denial of insurance and civil damages. Any insurance company or agent of an insurance company who knowingly provides false incomplete or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the Colorado Division of Insurance within the Department of Regulatory Agencies. District of Columbia WARNING It is a crime to provide false or misleading information to an insurer for the purpose of defrauding the insurer or any other person. Penalties include imprisonment andor fines. In addition an insurer may deny insurance benefits if false information materially related to a claim was provided by the applicant. Florida Any person who knowingly and with intent to injure defraud or deceive any insurer files a statement of claim or an application containing any false incomplete or misleading information is guilty of a felony of the third degree. Kansas A fraudulent insurance act means an act committed by any person who knowingly and with intent to defraud presents causes to be presented or prepares with knowledge or belief that it will be presented to or by an insurer purported insurer broker or any agent thereof any written statement as part of or in support of an application for the issuance of or the rating of an insurance policy for personal or commercial insurance or a claim for payment or other benefit pursuant to an insurance policy for commercial or personal insurance which such person knows to contain materially false information concerning any fact material thereto or conceals for the purpose of misleading information concerning any fact material thereto. Kentucky Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance containing any materially false information or conceals for the purpose of misleading information concerning any fact material thereto commits a fraudulent insurance act which is a crime. Louisiana Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. Maine It is a crime to knowingly provide false incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties may include imprisonment fines or denial of insurance benefits. Maryland Any person who knowingly and willfully presents a false or fraudulent claim for payment of a loss or benefit or who knowingly or willfully presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. New Jersey Any person who includes any false or misleading information on an application for an insurance policy is subject to criminal and civil penalties. New Mexico ANY PERSON WHO KNOWINGLY PRESENTS A FALSE OR FRAUDULENT CLAIM FOR PAYMENT OF A LOSS OR BENEFIT OR KNOWINGLY PRESENTS FALSE INFORMATION IN AN APPLICATION FOR INSURANCE IS GUILTY OF A CRIME AND MAY BE SUBJECT TO CIVIL FINES AND CRIMINAL PENALTIES. PN CW 010613 Page 10of 3 2013 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
NOTICE TO POLICYHOLDERS New York General All applications for commercial insurance other than automobile insurance Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading information concerning any fact material thereto commits a fraudulent insurance act which is a crime and shall also be subject to a civil penalty not to exceed five thousand dollars and the stated value of the claim for each such violation. All applications for automobile insurance and all claim forms Any person who knowingly makes or knowingly assists abets solicits or conspires with another to make a false report of the theft destruction damage or conversion of any motor vehicle to a law enforcement agency the department of motor vehicles or an insurance company commits a fraudulent insurance act which is a crime and shall also be subject to a civil penalty not to exceed five thousand dollars and the value of the subject motor vehicle or stated claim for each violation. Fire Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance containing any false information or conceals for the purpose of misleading information concerning any fact material thereto commits a fraudulent insurance act which is a crime. The proposed insured affirms that the foregoing information is true and agrees that these applications shall constitute a part of any policy issued whether attached or not and that any willful concealment or misrepresentation of a material fact or circumstances shall be grounds to rescind the insurance policy. Ohio Any person who with intent to defraud or knowing that he is facilitating a fraud against an insurer submits an application or files a claim containing a false or deceptive statement is guilty of insurance fraud. Oklahoma WARNING Any person who knowingly and with intent to injure defraud or deceive any insurer makes any claim for the proceeds of an insurance policy containing any false incomplete or misleading information is guilty of a felony. Pennsylvania All Commercial Insurance Except As Provided for Automobile Insurance Any person who knowingly and with intent to defraud any insurance company or other person files an application for insurance or statement of claim containing any materially false information or conceals for the purpose of misleading information concerning any fact material thereto commits a fraudulent insurance act which is a crime and subjects such person to criminal and civil penalties. Automobile Insurance Any person who knowingly and with intent to injure or defraud any insurer files an application or claim containing any false incomplete or misleading information shall upon conviction be subject to imprisonment for up to seven years and the payment of a fine of up to 15000. Puerto Rico Any person who knowingly and with the intention of defrauding presents false information in an insurance application or presents helps or causes the presentation of a fraudulent claim for the payment of a loss or any other benefit or presents more than one claim for the same damage or loss shall incur a felony and upon conviction shall be sanctioned for each violation by a fine of not less than five thousand dollars 5000 and not more than ten thousand dollars 10000 or a fixed term of imprisonment for three 3 years or both penalties. Should aggravating circumstances be present the penalty thus established may be increased to a maximum of five 5 years if extenuating circumstances are present it may be reduced to a minimum of two 2 years. PN CW 010613 Page 2 of 3 2013 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
NOTICE TO POLICYHOLDERS Rhode Island Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. Tennessee All Commercial Insurance Except As Provided for Workers Compensation It is a crime to knowingly provide false incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment fines and denial of insurance benefits. Workers Compensation It is a crime to knowingly provide false incomplete or misleading information to any party to a workers compensation transaction for the purpose of committing fraud. Penalties include imprisonment fines and denial of insurance benefits. Utah Workers Compensation Any person who knowingly presents false or fraudulent underwriting information files or causes to be filed a false or fraudulent claim for disability compensation or medical benefits or submits a false or fraudulent report or billing for health care fees or other professional services is guilty of a crime and may be subject to fines and confinement in state prison. Virginia It is a crime to knowingly provide false incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment fines and denial of insurance benefits. Washington It is a crime to knowingly provide false incomplete or misleading information to an insurance company for the purpose of defrauding the company. Penalties include imprisonment fines and denial of insurance benefits. West Virginia Any person who knowingly presents a false or fraudulent claim for payment of a loss or benefit or knowingly presents false information in an application for insurance is guilty of a crime and may be subject to fines and confinement in prison. All Other States Any person who knowingly and willfully presents false information in an application for insurance may be guilty of insurance fraud and subject to fines and confinement in prison. In Oregon the aforementioned actions may constitute a fraudulent insurance act which may be a crime and may subject the person to penalties. PN CW 010613 Page 3 of 3 2013 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
MOTICE TO POLICYHOLDERS PRIVACY POLICY The XL America Inc. insurance group the Companies believes personal information that we collect about our customers potential customers and proposed insureds referred to collectively in this Privacy Policy as customers must be treated with the highest degree of confidentiality. For this reason and in compliance with the Title V of the Gramm Leach Bliley Act GLBA we have developed a Privacy Policy that applies to all of our companies. For purposes of our Privacy Policy the term personal information includes all information we obtain about a customer and maintain in a personally identifiable way. In order to assure the confidentiality of the personal information we collect and in order to comply with applicable laws all individuals with access to personal information about our customers are required to follow this policy. Our Privacy Promise Your privacy and the confidentiality of your business records are important to us. Information and the analysis of information is essential to the business of insurance and critical to our ability to provide to you excellent cost effective service and products. We understand that gaining and keeping your trust depends upon the security and integrity of our records concerning you. Accordingly we promise that 1. We will follow strict standards of security and confidentiality to protect any information you share with us or information that we receive about you 2. We will verify and exchange information regarding your credit and financial status only for the purposes of underwriting policy administration or risk management and only with reputable references and clearinghouse services 3. We will not collect and use information about you and your business other than the minimum amount of information necessary to advise you about and deliver to you excellent service and products and to administer our business 4. We will train our employees to handle information about you or your business in a secure and confidential manner and only permit employees authorized to use such information to have access to such information 5. We will not disclose information about you or your business to any organization outside the XL insurance group of Companies or to third party service providers unless we disclose to you our intent to do so or we are required to do so by law 6. We will not disclose medical information about you your employees or any claimants under any policy of insurance unless you provide us with written authorization to do so or unless the disclosure is for any specific business exception provided in the law 7. We will attempt with your help to keep our records regarding you and your business complete and accurate and will advise you how and where to access your account information unless prohibited by law and will advise you how to correct errors or make changes to that information and 8. We will audit and assess our operations personnel and third party service providers to assure that your privacy is respected. Collection and Sources of Information We collect from a customer or potential customer only the personal information that is necessary for a determining eligibility for the product or service sought by the customer b administering the product or service obtained and c advising the customer about our products and services. The information we collect generally comes from the following sources e Submission During the submission process you provide us with information about you and your business such as your name address phone number e mail address and other types of personal identification information e Quotes We collect information to enable us to determine your eligibility for the particular insurance product and to determine the cost of such insurance to you. The information we collect will vary with the type of insurance you seek e Transactions We will maintain records of all transactions with us our affiliates and our third party service providers including your insurance coverage selections premiums billing and payment information claims history and other information related to your account PN CW 02 0505 Page 1 of 3 | 2 |
NOTICE TO POLICYHOLDERS e Claims If you obtain insurance from us we will maintain records related to any claims that may be made under your policies. The investigation of a claim necessarily involves collection of a broad range of information about many issues some of which does not directly involve you. We will share with you any facts that we collect about your claim unless we are prohibited by law from doing so. The process of claim investigation evaluation and settlement also involves however the collection of advice opinions and comments from many people including attorneys and experts to aid the claim specialist in determining how best to handle your claim. In order to protect the legal and transactional confidentiality and privileges associated with such opinions comments and advice we will not disclose this information to you and e Credit and Financial Reports We may receive information about you and your business regarding your credit. We use this information to verify information you provide during the submission and quote processes and to help underwrite and provide to you the most accurate and cost effective insurance quote we can provide. Retention and Correction of Personal Information We retain personal information only as long as required by our business practices and applicable law. If we become aware that an item of personal information may be materially inaccurate we will make reasonable effort to re verify its accuracy and correct any error as appropriate. Storage of Personal Information We have in place safeguards to protect data and paper files containing personal information. Sharing Disclosing of Personal Information We maintain procedures to assure that we do not share personal information with an unaffiliated third party for marketing purposes unless such sharing is permitted by law. Personal information may be disclosed to an unaffiliated third party for necessary servicing of the product or service or for other normal business transactions as permitted by law. We do not disclose personal information to an unaffiliated third party for servicing purposes or joint marketing purposes unless a contract containing a confidentiality non disclosure provision has been signed by us and the third party. Unless a consumer consents we do not disclose consumer credit report type information obtained from an application or a credit report regarding a customer who applies for a financial product to any unaffiliated third party for the purpose of serving as a factor in establishing a consumer s eligibility for credit insurance or employment. Consumer credit report type information means such things as net worth credit worthiness lifestyle information piloting skydiving etc. solvency etc. We also do not disclose to any unaffiliated third party a policy or account number for use in marketing. We may share with our affiliated companies information that relates to our experience and transactions with the customer. Policy for Personal Information Relating to Nonpublic Personal Health Information We do not disclose nonpublic personal health information about a customer unless an authorization is obtained from the customer whose nonpublic personal information is sought to be disclosed. However an authorization shall not be prohibited restricted or required for the disclosure of certain insurance functions including but not limited to claims administration claims adjustment and management detection investigation or reporting of actual or potential fraud misrepresentation or criminal activity underwriting policy placement or issuance loss control andor auditing. Access to Your Information Our employees employees of our affiliated companies and third party service providers will have access to information we collect about you and your business as is necessary to effect transactions with you. We may also disclose information about you to the following categories of person or entities Your independent insurance agent or broker PN CW 02 0505 Page 2 of 3 | 2 |
POLICYHOLDERS An independent claim adjuster or investigator or an attorney or expert involved in the claim Persons or organizations that conduct scientific studies including actuaries and accountants An insurance support organization Another insurer if to prevent fraud or to properly underwrite a risk A state insurance department or other governmental agency if required by federal state or local laws or Any persons entitled to receive information as ordered by a summons court order search warrant or subpoena. Violation of the Privacy Policy Any person violating the Privacy Policy will be subject to discipline up to and including termination. For more information or to address questions regarding this privacy statement please contact your broker. PN CW 02 0505 Page 3 of 3 | 2 |
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 Policyholder Notice provides information concerning possible impact on your insurance coverage due to directives issued by OFAC and possibly the U.S. Department of State. Please read this Policyholder Notice carefully. 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 Narcotics traffickers e 00 0 0 as Specially Designated Nationals and Blocked Persons. This list can be found on the U.S. Department of the Treasury s web site httpwww.treas.gov ofac. The Secretary of the Treasury also has identified a number of entities in the insurance petroleum and petrochemicals industries determined to be owned or controlled by the Iranian government. Business transactions with any of these entities are expressly prohibited. These entities have been added to OFAC s list of Financial Institutions Determined To Be Owned or Controlled by the Government of Iran. This list can be found on the U.S. Department of the Treasury s web site httpwww.treas.govofficesenforcementlists In accordance with OFAC regulations or any applicable regulation promulgated by the U.S. Department of State 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 will be immediately subject to OFAC. When an insurance policy is considered to be such a blocked or frozen contract neither payments nor premium refunds may be made without authorization from OFAC. Other limitations on the premiums and payments also apply. PN CW 05 1010 Includes copyrighted material of Insurance Services Office Inc. with its permission. 2010 X.L. America Inc. Allrights reserved. May not be copied without permission. | 2 |
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