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POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE Coverage for acts of terrorism is included in your policy. You are hereby notified that under the Terrorism Risk Insurance Act as amended in 2007 the definition of act of terrorism has changed. As defined in Section 1021 of the Act The term act of terrorism means any act that is certified by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism to be a violent act or an act that is dangerous to human life property or infrastructure to have resulted in damage within the United States or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. Under your coverage any losses resulting from certified acts of terrorism may be partially reimbursed by the United States Government under a formula established by the Terrorism Risk Insurance Act as amended. However your policy may contain other exclusions which might affect your coverage such as an exclusion for nuclear events. Under the formula the United States Government generally reimburses 85 of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. The Terrorism Risk Insurance Act as amended contains a 100 billion cap that limits U.S. Government reimbursement as well as insurers liability for losses resulting from certified acts of terrorism when the amount of such losses exceeds 100 billion in any one calendar year. If the aggregate insured losses for all insurers exceed 100 billion your coverage may be reduced. The portion of your annual premium that is attributable to coverage for acts of terrorism is 904.00 and does not include any charges for the portion of losses covered by the United States government under the Act. PN1611207 T 2007 XL America Inc. Includes copyrighted material of the National Council on Compensation Insurance Inc. with its permission. POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE Coverage for acts of terrorism is included in your policy. You are hereby notified that under the Terrorism Risk Insurance Act as amended in 2007 the definition of act of terrorism has changed. As defined in Section 1021 of the Act The term act of terrorism means any act that is certified by the Secretary of the Treasury in concurrence with the Secretary of State and the Attorney General of the United States to be an act of terrorism to be a violent act or an act that is dangerous to human life property or infrastructure to have resulted in damage within the United States or outside the United States in the case of certain air carriers or vessels or the premises of a United States mission and to have been committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. Under your coverage any losses resulting from certified acts of terrorism may be partially reimbursed by the United States Government under a formula established by the Terrorism Risk Insurance Act as amended. However your policy may contain other exclusions which might affect your coverage such as an exclusion for nuclear events. Under the formula the United States Government generally reimburses 85 of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. The Terrorism Risk Insurance Act as amended contains a 100 billion cap that limits U.S. Government reimbursement as well as insurers liability for losses resulting from certified acts of terrorism when the amount of such losses exceeds 100 billion in any one calendar year. If the aggregate insured losses for all insurers exceed 100 billion your coverage may be reduced. The portion of your annual premium that is attributable to coverage for acts of terrorism is 904.00 and does not include any charges for the portion of losses covered by the United States government under the Act. PN1611207 T 2007 XL America Inc. Includes copyrighted material of the National Council on Compensation Insurance Inc. with its permission. we that nnder the Terraricm Rick Tnenrance Aot PN1611207 T 2007 XL America Inc. Includes copyrighted material of the National Council on Compensation Insurance Inc. with its permission. | 2 |
NOTICE TO POLICYHOLDERS Potential Expiration Replacement or Revision of the Terrorism Risk Insurance Program Reauthorization Act of 2007 This Notice is intended to advise you of potential changes to your policy that may occur in the future depending on the outcome of legislation that is scheduled to expire as described below. This Notice applies to coverage under the following policy forms Commercial Umbrella Liability Policy Commercial Excess Follow Form and Umbrella Liability Policy Excess Liability Policy The annual premium for Certified Acts of Terrorism and Other Acts of Terrorism coverage provided under this policy is calculated based in part on the federal participation in payment of terrorism losses as set forth in the Terrorism Risk Insurance Program Reauthorization Act of 2007 hereinafter referred to as the Program which is scheduled to terminate on 123114 unless extended by the federal government. Continuation of coverage for Certified Acts of Terrorism and Other Acts of Terrorism or termination of such coverage under this policy will be determined upon disposition of the Program. If the Program a is not renewed extended or replaced by any other similar law act or provision or b is renewed extended or replaced without the mandatory requirement to make terrorism coverage available to you andor with an increase in insurance carrier s statutory deductible percentages decrease in federal government s statutory percentage share in potential terrorism losses above such deductible andor includes provisions that redefine terrorism or revise terms and conditions that differ from current in force legislation then 1. We reserve the right to re underwrite the Insured s terrorism risk to enable us to manage our aggregation exposure to a terrorism event and 1. If the parties reach agreement for on going coverage for terrorism in the event of a or b above then the parties will memorialize the new agreement in writing to be endorsed to this policy. If the parties do not reach agreement then an endorsement excluding terrorism may be added to your policy. Until the happening of either a or b above all definitions term and conditions in the policy concerning terrorism remain in force and 1. In no event will this policy be broader than the terms conditions definitions and provisions exclusions and limitations of the Scheduled Underlying Insurance or Controlling Underlying Policy or equivalent term as respects coverage for terrorism unless agreed by us with written endorsement to the policy. PN TRIPRA 2014 Page 1 0of 1 XL America Inc. 2004 | 2 |
Regulatory Office Issuing Company and Address 505 Eagleview Blvd. Suite 100 XL Specialty Insurance Company Dept Regulatory 190 South LaSalle Street Suite 3900 Exton PA 19341 0636 Chicago IL 60603 USA Telephone 800 688 1840 Commercial Excess Follow Form and Umbrella Liability Policy Declarations Policy Number US00058016LI14A Renewal of Number US00058016LI13A ITEM 1. NAMED INSURED Michaels Stores Inc. ADDRESS 8000 Bent Branch Dr. CITY STATE ZIP Irving TX 75063 ITEM 2. POLICY PERIOD Inception June 01 2014 Expiration June 01 2015 1201 A.M. Standard Time at the address of the Named Insured stated above ITEM 3. LIMITS OF INSURANCE The Limits of Insurance subject to the terms of this policy are 25000000 Each Occurrence 25000000 General Aggregate In accordance with Section IV. Limits of Insurance Products Completed Operations Aggregate In accordance with Section 25000000 V. Limits of Insurance Disaster Response Limit In accordance with Section 1V. Limits of 250000 Insurance SELF INSURED RETENTION 10000 UNDERLYING INSURANCE See attached Schedule of Underlying Insurance. XCU 000 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Page 10f 2 | 2 |
ITEM 6. POLICY PREMIUM S 226096.00 Policy Premium 904.00 Premium for Certified Acts of Terrorism 227000.00 Total Policy Premium 227000.00 Total Premium Due 227000.00 Minimum Premium Due ITEM7. FORMS ATTACHED TO THE POLICY AT ISSUANCE See attached Schedule of Forms and Endorsements. ITEM 8. Disaster Response to be called in the event of a disaster as per Event Phone Number 1 800 823 7351 Section. Insuring Agreements Item C. ITEM 9. Producer Name and Address Lockton Companies 444 West 47 Street Suite 900 Kansas City MO 64112 1906 Attn Bonnie Zimmerman Date Issued August 12 2014 Ry Authorized Representative 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Page 2 of 2 XCU 000 0811 | 2 |
IN WITNESS XL SPECIALTY INSURANCE COMPANY REGULATORY OFFICE 505 EAGLEVIEW BOULEVARD SUITE 100 DEPARTMENT REGULATORY EXTON PA 19341 1120 PHONE 800 688 1840 Itis hereby agreed and understood that the following In Witness Clause supercedes any and all other In Witness clauses in this policy. All other provisions remain unchanged. IN WITNESS WHEREOF the Company has caused this policy to be executed and attested and if required by state law this policy shall not be valid unless countersigned by a duly authorized representative of the Company. 7EA flrig Bernard R. Horovitz President Towt B fortmy Toni Ann Perkins Secretary IL MP 9104 0314 XLS 2014 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
ENDORSEMENT This endorsement effective 1201 a.m. June 01 2014 forms a part of Policy No. US00058016LI14A issued to Michaels Stores Inc. by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULE OF FORMS AND ENDORSEMENTS This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY Declarations Item 7 is completed to read as follows Endorsement Form Number Number PN TX 010511 NTU 005 0811 NTU 008 0811 NTU 010 0811 PN CW 010613 PN CW 02 0505 PN CW 05 1010 PN1611207 T PN TRIPRA 2014 XCU 000 0811 IL MP 9104 0314 XLS XCU 301 0811 XCU 300 0811 XCU 050 0811 XCU 100 TX 0811 XCU 416 0811 XCU 428 0513 Form Title TEXAS NOTICE RESTRICTION OF COVERAGE Asbestos E RESTRICTION OF COVERAGE Lead Exclu RESTRICTION OF COVERAGE Silica and FRAUD NOTICE PRIVACY POLICY U.S. TREASURY DEPARTMENT S OFFICE C CONTROL OFAC POLICYHOLDER DISCLOSURE NOTICE OF COVERAGE Potential Expiration Replacement or Revision Insurance Program Reauthorization Act of 200 Commercial Excess Follow Form and Umbrell INWITNESS XL SPECIALTY INSURANCE SCHEDULE OF FORMS AND ENDORSEMEN SCHEDULE OF UNDERLYING INSURANCE COMMERCIAL EXCESS FOLLOW FORM AN POLICY TEXAS CHANGES CANCELLATION AND NC KNOWLEDGE OF OCCURRENCE OR CLAIN AMENDMENT AMENDMENT TO INSURING AGREEMENT ENDORSEMENT Form Title PN TX 010511 NTU 005 0811 NTU 008 0811 NTU 010 0811 PN CW 010613 PN CW 02 0505 PN CW 05 1010 PN1611207 T PN TRIPRA 2014 XCU 000 0811 IL MP 9104 0314 XLS XCU 301 0811 XCU 300 0811 XCU 050 0811 XCU 100 TX 0811 XCU 416 0811 XCU 428 0513 XCU 635 0811 XCU 637 0811 014 4 XLS 811 TEXAS NOTICE RESTRICTION OF COVERAGE Asbestos Exclusion RESTRICTION OF COVERAGE Lead Exclusion RESTRICTION OF COVERAGE Silica and Silica Related Dust Exclusion FRAUD NOTICE PRIVACY POLICY U.S. TREASURY DEPARTMENT S OFFICE OF FOREIGN ASSETS CONTROL OFAC POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE Potential Expiration Replacement or Revision of the Terrorism Risk Insurance Program Reauthorization Act of 2007 Commercial Excess Follow Form and Umbrella Liability Policy Declarations IN WITNESS XL SPECIALTY INSURANCE COMPANY SCHEDULE OF FORMS AND ENDORSEMENTS SCHEDULE OF UNDERLYING INSURANCE COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY TEXAS CHANGES CANCELLATION AND NON RENEWAL KNOWLEDGE OF OCCURRENCE OR CLAIM CONDITIONS AMENDMENT AMENDMENT TO INSURING AGREEMENT APPLICABILITY OF LIMITS ENDORSEMENT Applicable to Insuring Agreements A and B CROSS CLAIM EXCLUSION NAMED INSURED VS. NAMED INSURED Applicable to Insuring Agreements A and B CYBER INTERNET OR WEBSITE EXCLUSION Applicable to Insuring Agreements A and B 2011 X.L. America Inc. All Rights Reserved Page 1 of May not be copied without permission. XCU 301 0811 Page 10f2 | 2 |
DISCRIMINATION EXCLUSION Applicable to Insuring Agreement B EMPLOYEE BENEFITS LIABILITY EXCLUSION Applicable to Insuring Agreement B EMPLOYERS LIABILITY EXCLUSION Applicable to Insuring Agreement B FUNGI OR BACTERIA LIABILITY EXCLUSION Applicable to Insuring Agreements A and B LEAD EXCLUSION Applicable to Insuring Agreements A and B SILICA AND SILICA RELATED DUST EXCLUSION Applicable to Insuring Agreement B DAMAGE TO REAL AND PERSONAL PROPERTY EXCLUSION Applicable to Insuring Agreement A FOREIGN LIABILITY EXCLUSION INCLUDING EXCLUSION FOR CANADA Applicable to Insuring Agreement B CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM WITH RETAINED LIMIT Applicable to Insuring Agreement A and B ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY EXCLUSION Applicable to Insuring Agreements A and B Violation of Communication or Information Law Exclusion Applicable to Insuring Agreements A and B SHARED LIMITS OF INSURANCE ENDORSEMENT Applicable to Insuring Agreements A and B XCU 647 0811 XCU 652 0811 XCU 654 0811 XCU 670 0811 XCU 680 0811 XCU 7350811 XCU 758 0513 XCU 761 0513 XCU 901 0811 MANUS MANUS MANUS All other terms and conditions remain the same. Page 2 of 2 XCU 301 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
ENDORSEMENT This endorsement effective 1201 a.m. June 01 2014 forms a part of Policy No. US00058016LI14A issued to Michaels Stores Inc. by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULE OF UNDERLYING INSURANCE This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY Declaration Item 5 is completed to read as follows Company Safety National Casualty Corporation Coverage General Liability Policy Number GL4044104 Policy Period June 01 2014 to June 01 2015 1000000 Each Occurrence Limit 10000000 General Aggregate 2000000 Products Completed Operations Aggregate Limit 1000000 Personal Advertising Injury Limit Company Safety National Casualty Corporation Coverage Employee Benefits Liability Policy Number GL4044104 Policy Period June 01 2014 to June 01 2015 1000000 Each Claim 1000000 Aggregate Limit Company Safety National Casualty Corporation Coverage Automobile Liability Policy Number CAF4044106 Policy Period June 01 2014 to June 01 2015 1000000 Each Accident Bodily Injury and Property Damage Combined Single Limit Company Safety National Casualty Corporation Coverage Employers Liability Policy Number LDS4044102 Policy Period June 01 2014 to June 01 2015 Bodily Injury by Accident 1000000 Each Accident Bodily Injury by Disease 1000000 Policy Limit Bodily Injury by Disease 1000000 Each Employee XCU 300 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Page 1 0f 3 | 2 |
Company Coverage Policy Number Policy Period Company Coverage Policy Number Policy Period Company Coverage Policy Number Policy Period Company Coverage Policy Number Policy Period Company Coverage Policy Number Policy Period Safety National Casualty Corporation Employers Liability PS4044105 June 01 2014 to June 01 2015 Bodily Injury by Accident 1000000 Each Accident Bodily Injury by Disease 1000000 Policy Limit Bodily Injury by Disease 1000000 Each Employee Safety National Casualty Corporation Employers Liability Stop Gap LDS4044102 June 01 2014 to June 01 2015 Bodily Injury by Accident 1000000 Each Accident Bodily Injury by Disease 1000000 Policy Limit Bodily Injury by Disease 1000000 Each Employee ACE American Insurance Company Foreign General Li ity D388374138 002 June 01 2014 to June 01 2015 1000000 Each Occurrence Limit 2000000 Products Completed Operations Aggregate Limit 1000000 Personal Advertising Injury Limit ACE American Insurance Company Foreign Employee Benefits Liability D388374138 002 June 01 2014 to June 01 2015 1000000 Each Claim 1000000 Aggregate Limit ACE American Insurance Company Foreign Automobile Liability D388374138 002 June 01 2014 to June 01 2015 1000000 Each Accident Bodily Injury and Property Damage Combined Single Limit XCU 300 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Page 2 of 3 | 2 |
Company Coverage Policy Number Policy Period ACE American Insurance Company Foreign Employers Liability D388374138 002 June 01 2014 to June 01 2015 Bodily Injury by Accident 1000000 Each Accident Bodily Injury by Disease 1000000 Policy Limit Bodily Injury by Disease 1000000 Each Employee All other terms and conditions remain the same. XCU 300 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Page 30of3 | 2 |
COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY TABLE OF CONTENTS Beginning on Page VI VII. Conditions.... Defense And Settlement.... Limits Of Insurance... Insuring Agreements... A Insuring Agreement A Excess Follow Form Liability B Insuring Agreement B Umbrella Liability Over Self insured Retention Insuring Agreement C Disaster Response Coverage............ cccccoceviviieiinn Who Is An Insured........ Exclusions....... A Exclusions Applicable to Insuring Agreements A and B B Exclusions Applicable to Insuring Agreement A Only C Exclusions Applicable to Insuring Agreement B Only Definitions. 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 1 of 26 | 2 |
COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY VARIOUS PROVISIONS IN THIS POLICY RESTRICT COVERAGE. READ THE ENTIRE POLICY CAREFULLY TO DETERMINE YOUR RIGHTS DUTIES AND WHAT IS AND WHAT IS NOT COVERED. THIS POLICY IS INCOMPLETE UNLESS THE DECLARATIONS AND ALL APPLICABLE FORMS AND ENDORSEMENTS ARE ATTACHED. THROUGHOUT THIS POLICY THE WORDS YOU AND YOUR REFER TO THE NAMED INSURED SHOWN IN DECLARATIONS ITEM 1 AND ANY OTHER PERSON OR ORGANIZATION QUALIFYING AS A NAMED INSURED UNDER THIS POLICY. THE WORDS WE US AND OUR REFER TO THE COMPANY PROVIDING THIS INSURANCE. WORDS AND PHRASES THAT APPEAR IN BOLD HAVE SPECIAL MEANING AND ARE DEFINED IN SECTION VI DEFINITIONS. I INSURING AGREEMENTS In consideration of the payment of premium and subject to the terms definitions conditions and limitations of this policy including any endorsements or amendments thereto we agree with the named insured as follows A Insuring Agreement A Excess Follow Form Liability We will pay on behalf of the insured subject to Section IV. Limits of Insurance those amounts the insured becomes legally obligated to pay as damages in excess of the scheduled underlying insurance as a result of a claim covered by the scheduled underlying insurance but only if the scheduled underlying insurance has been exhausted by the actual payment of loss to which this policy applies. Coverage under this Insuring Agreement A shall follow the terms definitions conditions and limitations of the scheduled underlying insurance subject to the policy period Limits of Insurance premium and any contrary provisions contained in this policy. However this Insuring Agreement A will not apply to any disaster response expense as described in Insuring Agreement C even if such insurance is covered by the scheduled underlying insurance or would have been but for the exhaustion of the scheduled underlying insurance. If we are prevented by law or statute from making payment on the insured s behalf under Insuring Agreement A we will indemnify the insured for those sums otherwise payable hereunder. B Insuring Agreement B Umbrella Liability Over Self insured Retention We will pay on behalf of the insured subject to Section IV. Limits of Insurance those amounts not covered by the scheduled underlying insurance that the insured becomes legally obligated to pay as damages in excess of the self insured retention because of bodily injury property damage including liability assumed by the insured under an insured contract or personal and advertising injury taking place anywhere in the world and caused by an occurrence during the policy period. The coverage provided by Insuring Agreement B will not apply to damages that would have been covered by the scheduled underlying insurance but for its exhaustion by the payment of loss. Page 2 of 26 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. | 0 |
3 3 The coverage provided by Insuring Agreement B will not apply to any damages covered by Insuring Agreement A or arising out of subjects of insurance or exposures to loss for which this policy requires the scheduled underlying insurance to be maintained 4 If we are prevented by law or statute from making payment on the insured s behalf under Insuring Agreement B we will indemnify the insured for those sums otherwise payable hereunder. We will make payment on behalf of the insured under Insuring Agreements A and B only if Prior to the policy period no insured listed under Section Il. Who Is An Insured B1 6 7 8 9 or 10 no manager in your risk management insurance or legal department and no employee authorized by you to give or receive notice of an occurrence claim or suit knew prior to the policy period that the bodily injury or property damage had occurred in whole or in part or of the existence of any occurrence that caused personal and advertising injury or During the policy period no insured listed under Section Il. Who is An Insured B 16 7 8 9 or 10 no manager in your risk management insurance or legal department and no employee authorized by you to give or receive notice of an occurrence claim or suit knew during the policy period that the bodily injury or property damage had occurred in whole or in part or of the existence of any occurrence that caused personal and advertising injury prior to the policy period. For these purposes bodily injury property damage and personal and advertising injury including the continuation change or resumption of such bodily injury property damage or personal and advertising injury will be deemed to have been known at the earliest time when any of the above referenced individuals 1 Reports all or any part of the bodily injury property damage or personal and advertising injury to us or any other insurer Receives a claim because of the bodily injury property damage or personal and advertising injury or Becomes aware by any other means that bodily injury or property damage has occurred or has begun to have occurred or an occurrence has been committed that has caused or may cause personal and advertising injury. Insuring Agreement C Disaster Response Coverage 1 We will indemnify the insured for disaster response expenses resulting from a disaster event occurring during the policy period provided a a disaster response advisor has been hired in connection with the disaster event and b a disaster event is reported to us at the number indicated in Declarations Item 8 within twenty four 24 hours of its commencement. 2 A disaster event will be deemed to commence when a key executive first becomes aware of a disaster event. A disaster event will be deemed to end when a we determine that any one of the elements listed in the definition of disaster event no longer exists or b the Disaster Response Expense Aggregate Limit listed in Declarations Item 3 has been exhausted whichever is earlier. b XCU 050 0811 2011 X.L. America Inc. Ali Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 3 of 26 | 1 |
If we and the insured disagree on whether a disaster event has occurred the insured s right of reimbursement under Insuring Agreement C shall be arbitrated pursuant to the rules of the American Arbitration Association for the state shown in Declarations Item 1. Payment by us of disaster response expenses will not determine or be evidence of our rights or obligations under Insuring Agreement A or B. Payment by us of disaster response expenses will not oblige us to assume any duty to control the investigation settlement or defense of any claim or suit that might arise from a covered disaster event. 4 5 WHO IS AN INSURED A The following are insureds under Insuring Agreement A 1 2 The named insured. Any person or organization qualifying as an insured under the scheduled underlying insurance but for no broader coverage than would be afforded to such person or organization by the scheduled underlying insurance. B The following are insureds under Insuring Agreements B and C 1 3 5 10 an XCU 050 0811 The named insured. Any person or organization other than an employee or volunteer worker while such person or organization is acting as your real estate manager. Your legal representative if you die but only with respect to his or her duties as such. Your employees but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. Your volunteer workers but only while performing duties related to the conduct of your business. If you are designated in the Declarations as an individual then your spouse but only with respect to the conduct of a business of which you are the sole owner. If you are designated in the Declarations as a partnership or joint venture your partners and their spouses but only with respect to the conduct of your business. If you are designated in the Declarations as a limited liability company your members but only with respect to the conduct of your business and your managers but only with respect to their duties as such. If you are designated in the Declarations as an organization other than a partnership joint venture or limited liability company your executive officers and directors but only with respect to their duties as such. Your stockholders are also insureds but only with respect to their liability as stockholders. If you are designated in the Declarations as a trust your trustees but only with respect to their duties as such. Any organization in which you maintain an interest of more than fifty percent 50 as of the effective date of this policy. 2011 X.L. America Inc. All Rights Reserved. Page 4 of 26 May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. 5 Page 4 of 26 | 1 |
12 A partnership joint venture or limited liability company that you acquire or form during the policy period but only if we have named such partnership joint venture or limited liability company as an insured on a written endorsement that is made part of this policy. DEFENSE AND SETTLEMENT A B D E F We will have the right and duty to defend any suit covered by Insuring Agreement A but only when the scheduled underlying insurance or other insurance has been exhausted by payment of loss to which this policy applies. We will have the right and the duty to defend any suit covered by Insuring Agreement B but only when such suit seeks damages because of bodily injury property damage or personal and advertising injury that are not covered by the scheduled underlying insurance or by other insurance. When we assume the defense of any suit under Paragraph A or B above we will have the right to investigate defend and settle such suit as we deem appropriate. We will defend any such suit even if it is groundless false or fraudulent. We also will pay the following supplementary payments in connection with any suit we defend but only if such supplementary payments are not covered by the scheduled underlying insurance or any other insurance Premiums on appeal bonds or bonds to release attachments subject to the applicable Limits of Insurance set forth in the Declarations provided that we will not be obligated to apply for or furnish any such bond. 2 Al costs taxed against an insured in connection with the suit. 3 Pre judgment interest awarded against the insured on that part of any judgment paid under this policy but only such interest as shall accrue before we make a settlement offer within the policy s applicable Limits of Insurance. 4 Post judgment interest that accrues after entry of judgment and before we have paid offered to pay or deposited in court that part of the judgment that is within this policy s applicable Limits of Insurance. 5 Reasonable expenses incurred by an insured at our request or with our consent. We will have no duty to defend investigate pay or settle or continue to defend investigate pay or settle a suit after the applicable Limits of Insurance set forth in the Declarations have been exhausted by the payment of loss in which case we will have the right to withdraw and discontinue our investigation or defense of such suit. We will have no duty to defend the insured against any suit seeking damages to which this insurance does not apply. If we are prevented by law or statute from assuming our defense obligations under Paragraph A or B we will pay any expenses incurred by you with our consent in connection with the defense of a suit otherwise covered by that section. Except as otherwise provided in this Section Ill. Defense and Settlement we shall have no duty to defend any suit against an insured. We however will have the right but not the duty to associate with you in the investigation settlement or defense of any claim or suit to which this policy applies in which case the insured will cooperate with us and make available all information and records we reasonably require. We will exercise our right to associate at our expense. 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 5 of 26 | 1 |
LIMITS OF INSURANCE A B D E F H The Limits of Insurance shown in Declarations Item 3 are the most we will pay for all damages under this policy regardless of the number of insureds claims made suits brought persons or organizations making claims or bringing suits or coverages provided by this policy. Subject to this policy s Limits of Insurance we will pay only that amount of loss that is in excess of the retained limit. The amount shown in Declarations Item 3 for the General Aggregate Limit is the most we will pay for all loss other than Loss covered in the scheduled underlying insurance to which no underlying aggregate limit applies or 2 Loss included in the products completed operations hazard. However with respect to Insuring Agreement A only if a policy shown in the scheduled underlying insurance has aggregate limits other than the products completed operations hazard aggregate limits then the General Aggregate Limit as shown in Declarations Item 3 will apply in the same manner as the aggregate limits shown in each policy listed in the scheduled underlying insurance but will be no broader. The amount shown in Declarations Item 3 for the Products Completed Operations Aggregate Limit is the most we will pay for all loss included in the products completed operations hazard. Subject to Paragraphs C and D above the Each Occurrence Limit shown in Declarations Item 3 is the most we will pay for all loss arising out of any one occurrence. The amount shown in Declarations Item 3 for the Disaster Response Expense Aggregate Limit is the most we will pay for all disaster response expenses incurred during the policy period. This Disaster Response Expense Aggregate Limit is in addition to and does not reduce any other Limit of Insurance applicable to this policy. If the limits for any scheduled underlying insurance policy are Greater than the amount shown in the Schedule of Underlying Insurance this policy will apply in excess of the greater amount. 2 Less than the amount shown in the Schedule of Underlying Insurance this policy will apply in excess of the amount shown in the Schedule of Underlying Insurance and any other insurance that is applicable and collectible. Expenses we incur to defend any suit or investigate any claim will be in addition to the policy s applicable Limits of Insurance unless such expenses reduce the limits of the scheduled underlying insurance in which case such expenses will reduce this policy s available Limits of Insurance. If the total applicable limits of the scheduled underlying insurance are reduced or exhausted by the actual payment of loss to which this policy applies this policy shall 1 In the event of reduction pay in excess of the sum of any remaining total applicable limits of the scheduled underlying insurance and any applicable and collectible other insurance. 2 In the event of exhaustion of the total applicable limits of scheduled underlying insurance and any applicable and collectible other insurance continue in force subject to the terms and conditions of this policy. XCU 050 0811 2011 X.L. America Inc. All Rights Reserved. Page 6 of 26 May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 6 of 26 | 1 |
W K L A If the limits of the scheduled underlying insurance are not collectible for any reason other than reduction or exhaustion by the payment of loss our obligations will not be increased and we will pay on your behalf only those amounts in excess of the limits of the scheduled underlying insurance. We will not make any payment under this policy unless and until The total applicable limits of scheduled underlying insurance or any other insurance have been exhausted by the payment of loss to which this policy applies or 2 The total applicable self insured retention has been satisfied by the payment of loss to which this policy applies. When the amount of loss has finally been determined by an agreed settiement or a final judgment we will promptly pay on your behalf the amount of such loss within this policy s applicable Limits of Insurance. The policy s Limits of Insurance apply separately to each consecutive annual period and to any remaining period of less than twelve 12 months beginning with the policy s inception date shown in the Declarations. If the policy period is extended for a period of less than twelve 12 months the extended period will be deemed part of the immediately preceding policy period. EXCLUSIONS Exclusions Applicable to Insuring Agreements A and B This insurance does not apply to 1 Asbestos a 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 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. 2 Employment Practices Employment practices whether the insured may be liable as an employer or in any other capacity and including any obligation to share damages with or repay another. 3 ERISA A violation of the Employee Retirement Income Security Act of 1974 ERISA the Fair Labor Standards Act except the Equal Pay Act the National Labor Relations Act the Worker Adjustment and Retraining Notification Act the Consolidated Omnibus Budget Reconciliation Act the Occupational Safety and Health Act all as may be amended or any similar federal state or local statutory or common law or any rules or regulations promulgated thereunder. W L b c 3 Page 7 of 26 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. | 1 |
5 6 50 0811 Intangible Property The loss of loss of use of damage to corruption of inability to access or inability to manipulate or process intangible property. For the purpose of this exclusion intangible property includes electronic data. No Fault Uninsured Motorist or Underinsured Motorist Laws Any obligation of the insured under any no fault uninsured or underinsured motorist law or any similar law. Nuclear Liability To injury or damage a With respect to which an insured is also an insured under a nuclear energy liability policy issued by the Nuclear Energy Liability Property Insurance Association the American Nuclear Insurers Mutual Atomic Energy Liability Underwriters or the Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability. b Resulting from the hazardous properties of nuclear material and with respect to which i any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any amendments thereto or ii the insured is or but for this policy 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 an agency thereof with any person or organization. c Resulting from hazardous properties of nuclear material if i The nuclear material is at any nuclear facility owned or operated by or on behalf of an insured or has been discharged or dispersed therefrom. ii The nuclear material is contained in spent fuel or waste that was at any time possessed handled used processed stored transported or disposed of by or on behalf of an insured. iii The injury or damage or personal and advertising injury arises out of an insured s furnishing services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility. If such facility is located within the United States of America its territories or possessions or Canada this Exclusion iii applies only to property damage to such nuclear facility and any property therein. Product Recall The loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of your product your work or impaired property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. Securities a A violation of any securities law or similar law or any regulation promulgated thereunder b The purchase sale offer of sale or solicitation of any security debt insurance policy bank deposit or financial interest or instrument 2011 X.L. America Inc. All Rights Reserved Page 8 of 26 May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with its permission. 5 b c i Page 8 of 26 XCU 050 0811 | 1 |
B 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. 9 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. 10 War War whether declared or not invasion hostilities civil war rebellion revolution insurrection military or usurped power strike riot or civil insurrection. 11 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 Pollution a The actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants 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. 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. 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. 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. 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. d i 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 XCU 050 0811 | 1 |
b vi vii viii 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 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 orin 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 1 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 a b 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. i 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 5 6 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 overtumned 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 N 2 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. 4 b b 6 b 2 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 XCU 050 0811 | 1 |
3 3 5 6 7 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. 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. b c d e U 5 6 Page 12 of 26 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. | 1 |
9 10 11 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 a b 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. Avrising 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. 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 a b d e 9 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. nan nan nan nan 9.0 b d e 9 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 |
12 h 0 k U Avrising 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. 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. Avrising out of an electronic chat room or bulletin board the insured hosts owns or over which the insured exercises control. Avrising 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 a 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. 0 k U b VL 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. Page 14 of 26 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. | 1 |
B F H K L 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 Failure to hire any prospective employee or any applicant for employment. 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 tem 1 Hazardous properties include but are not limited to radioactive toxic or explosive properties. 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 |
P Q R S 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 oris less useful because 1 It incorporates your product or your work that is known or thought to be defective deficient inadequate or dangerous or 2 You have failed to fulfill the terms of a contract or agreement if such property can be restored to use by The repair replacement adjustment or removal of your product or your work or 2 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 M 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. 2 A sidetrack agreement. 3 An easement or license agreement except in connection with construction or demolition operations on or within fifty 50 feet of a railroad. 4 An obligation as required by ordinance to indemnify a municipality except in connection with work for a municipality. 5 An elevator maintenance agreement. 6 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. 7 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 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 XCU 050 0811 | 1 |
M w 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. 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 W 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 d e 2 4 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Includes copyrighted material of Insurance Services Offices Inc. with ts permission. Page 17 of 26 XCU 050 0811 | 1 |
X 2 AA 8B 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 4 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 1 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. 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 XCU 050 0811 | 1 |
cc bD EE FF Ge 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 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. Page 19 of 26 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. XCU 050 0811 | 1 |
HH n W KK LL MM NN 00 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 Q 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. n 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 XCU 050 0811 | 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 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 Materials parts or equipment furnished in connection with such work or operations. Your work includes O 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. Vi 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 |
8 D E F 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. Page 22 of 26 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. | 1 |
H U 4 6 W 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 Item 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 Item 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 N 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. 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. b 6 W U b 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 XCU 050 0811 | 1 |
K L 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 napropcasclaimnewnoticesxlgroup.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 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. 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. d 3 L 4 Page 24 of 26 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. XCU 050 0811 | 1 |
M P 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 1 3 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 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 eamned 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 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. Page 25 of 26 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. XCU 050 0811 | 1 |
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. b Page 26 of 26 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. XCU 050 0811 | 1 |
ENDORSEMENT This endorsement effective 1201 a.m. June 01 2014 forms a part of Policy No. US00058016LI14A issued to Michaels Stores Inc. by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES CANCELLATION AND NON RENEWAL This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY Section VII. Conditions G Cancellation and Non Renewal is replaced with the following Cancellation and Non Renewal W 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 stating the reason for 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 cancellation for any other reason. 3 The permissible reasons for cancellation are as follows a If this policy has been in effect for sixty 60 days or less we may cancel for any reason except that under the provisions of the Texas Insurance Code we may not cancel this policy solely because the policyholder is an elected official. b If this policy has been in effect for more than sixty 60 days or if it is a renewal or continuation of a policy issued by us we may cancel only for one or more of the following reasons i Fraud in obtaining coverage ii Failure to pay premiums when due iii An increase in hazard within the control of the insured which would produce an increase in rate iv Loss of our reinsurance covering all or part of the risk covered by the policy or v If we have been placed in supervision conservatorship or receivership and the cancellation is approved or directed by the supervisor conservator or receiver. 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. XCU 100 TX 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 10f 2 | 2 |
5 6 W 8 9 10 an 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 Item 6 of the Declarations. 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 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 item 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. We may elect not to renew this policy except that under the provisions of the Texas Insurance Code we may not refuse to renew this policy solely because the policyholder is an elected official. If we elect not to renew this policy we may do so by mailing or delivering to the first named insured written notice of non renewal stating the reason for non renewal at least sixty 60 days before the expiration date. If notice is mailed or delivered less than sixty 60 days before the expiration date this policy will remain in effect until the 61st day after the date on which the notice is mailed or delivered. Earned premium for any period of coverage that extends beyond the expiration date will be computed pro rata based on the previous year s premium. We will mail or deliver cancellation or non renewal notice to the first named insured s last mailing address known to us. If notice is mailed proof of mailing will be sufficient proof of notice under this condition. The transfer of a policyholder between admitted companies within the same insurance group is not considered a refusal to renew. 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. b 6 9 All other terms and conditions remain the same. Page 2 of 2 XCU 100 TX 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. | 2 |
ENDORSEMENT This endorsement effective 1201 a.m. June 01 2014 forms a part of Policy No. US00058016L114A issued to Michaels Stores Inc. by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. KNOWLEDGE OF OCCURRENCE OR CLAIM CONDITIONS AMENDMENT This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY Section VII. Conditions is amended to include the following Knowledge of an occurrence claim or suit by your agent servant or employee shall not in itself constitute knowledge by the insured unless the Risk Manager or Risk Management Department responsible for insurance matters of the insured s corporation shall have received such notice from the agent servant or employee. All other terms and conditions remain the same. Page 10of 1 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. XCU 416 0811 | 2 |
ENDORSEMENT This endorsement effective 1201 a.m. June 01 2014 forms a part of Policy No. US00058016LI14A issued to Michaels Stores Inc. by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT TO INSURING AGREEMENT APPLICABILITY OF LIMITS ENDORSEMENT 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 I. Insuring Agreements A and B It is agreed that the underlying general liability policy limits as shown in the scheduled underlying insurance shall remain in full force and effect during the term of this policy and only be reduced or exhausted by payment of loss to which this policy applies and which results from an occurrence taking place during the policy period. In no event will this policy recognize any erosion or exhaustion of general liability underlying limits in payment of loss arising out of or in connection with any injury or damage not covered by this policy. If such loss is paid by the underlying general liability policyies this policy will operate and be liable only to the same extent that it would have if such loss had not been paid. All other terms and conditions remain the same. 2013 X.L. America Inc. All Rights Reserved. May not be copied without permission. Page 10of 1 XCU 428 0513 | 2 |
ENDORSEMENT This endorsement effective 1201 a.m. June 01 2014 forms a part of Policy No. US00058016LI14A issued to Michaels Stores Inc. 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 0of 1 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. XCU 6350811 | 2 |
ENDORSEMENT This endorsement effective 1201 a.m. June 01 2014 forms a part of Policy No. US00058016L114A issued to Michaels Stores Inc. by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CYBER INTERNET OR WEBSITE 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 4 the ownership maintenance or use of any Internet site or maintenance or use of the Internet the loss or alteration of any electronic data electronic information computer applications software computer operations software or any other similar data information or software in any computer hardware computer system computer network or the Internet damage to any computer hardware computer system computer network or the Internet as result of loss or alteration of any electronic data electronic information computer applications software computer operations software or any similar data information or software the controlling creating designing developing determining or providing an Internet site or the content or material of any Internet site the publication of content or material from or on the Internet or other publication. 4 All other terms and conditions remain the same. XCU 637 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Page 1 0f 1 | 2 |
ENDORSEMENT This endorsement effective 1201 a.m. June 01 2014 forms a part of Policy No. US00058016LI14A issued to Michaels Stores Inc. by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DISCRIMINATION 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 Any form of discrimination whatsoever based upon age gender race color national origin creed religion sexual orientation marital status veterans status pregnancy sickness disease disability physical capabilities physical characteristics physical condition mental capabilities mental condition or any similar category or class committed or alleged to have been committed by an insured or by anyone for whom an insured is actually or allegedly responsible whether intentional or unintentional whether the discrimination is direct or indirect. No inference shall be made from omission of a category or class in the above paragraph that coverage applies to that category or class. All other terms and conditions remain the same. Page 1 of 1 XCU 647 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
ENDORSEMENT This endorsement effective 1201 a.m. June 01 2014 forms a part of Policy No. US00058016LI14A issued to Michaels Stores Inc. 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 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 regardiess 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 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. XCU 652 0811 | 2 |
a welfare plan as defined in ERISA or any similar law regarding workers compensation unemployment insurance Social Security or any government mandated disability benefits. 2 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 3 acombination 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 This endorsement effective 1201 a.m. June 01 2014 forms a part of Policy No. US00058016LI14A issued to Michaels Stores Inc. 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. XCU 654 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Page 1 0of 1 | 2 |
ENDORSEMENT This endorsement effective 1201 a.m. June 01 2014 forms a part of Policy No. US00058016LI14A issued to Michaels Stores Inc. 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. All other terms and conditions remain the same. 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Page 10f 1 XCU 670 0811 | 2 |
ENDORSEMENT This endorsement effective 1201 a.m. June 01 2014 forms a part of Policy No. US00058016LI14A issued to Michaels Stores Inc. 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. XCU 680 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Page 1 of 1 | 2 |
ENDORSEMENT This endorsement effective 1201 a.m. June 01 2014 forms a part of Policy No. US00058016LI114A issued to Michaels Stores Inc. by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SILICA AND SILICA RELATED DUST 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 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 10of 1 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. XCU 735 0811 | 2 |
ENDORSEMENT This endorsement effective 1201 a.m. June 01 2014 forms a part of Policy No. US00058016LI14A issued to Michaels Stores Inc. 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. Property loaned to the insured. d Personal property in the insured s care custody or control. b c d All other terms and conditions remain the same. Page 10f 1 XCU 758 0513 2013 X.L. America Inc. All Rights Reserved. May not be copied without permission. | 2 |
ENDORSEMENT This endorsement effective 1201 a.m. June 01 2014 forms a part of Policy No. US00058016LI14A issued to Michaels Stores Inc. by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FOREIGN LIABILITY EXCLUSION INCLUDING EXCLUSION FOR CANADA 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 An occurrence happening outside the United States of America or its territories or possessions. All other terms and conditions remain the same. XCU 7610513 2013 X.L. America Inc. All Rights Reserved. May not be copied without permission. Page 1 of 1 | 2 |
ENDORSEMENT This endorsement effective 1201 a.m. June 01 2014 forms a part of Policy No. US00058016LI14A issued to Michaels Stores Inc. by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CAP ON LOSSES FROM CERTIFIED ACTS OF TERRORISM WITH RETAINED LIMIT 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 If aggregate insured losses attributable to terrorist acts certified under the federal Terrorism Risk Insurance Act exceed 100 billion in a Program Year and we have met our insurer deductible under the Terrorism Risk Insurance Act we shall not be liable for the payment of any portion of the amount of such losses that exceeds 100 billion and in such case insured losses up to that amount are subject to pro rata allocation in accordance with procedures established by the Secretary of the Treasury. With respect to this endorsement Declarations Item 4 Self Insured Retention is amended to include the following Terrorism Retained Limit 1.000000 Each certified act of terrorism Solely with respect to any liability arising out of any certified act of terrorism Section Ill. Defense and Settlement is deleted in its entirety and replaced by the following The Company has no duty to assume control of the investigation defense or settlement of any claim made suit brought or proceeding instituted against the insured. The Company will however have the right and shall be given the opportunity to participate in the defense and trial of any claims suits or proceeding relative to any occurrence which in our opinion may create liability on our part under the terms of this policy. If we exercise such right we will do so at our own expense. Section VI. Definitions is amended as follows a Item I1 Retained limit is deleted in its entirety and replaced by the following D Retained limit means whichever of the following is greater O For Insuring Agreement A the total of the applicable limits of scheduled underlying insurance providing coverage to the insured or the actual limits of such scheduled underlying insurance whichever is greater 2 For Insuring Agreement B the self insured retention stated in Declarations Item 4 applicable to each occurrence that results in a loss other than a certified act of terrorism not covered by scheduled underlying insurance or XCU 901 0811 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Page 1 0f2 | 2 |
b 3 The Terrorism Retained Limit shown in Paragraph Il. above which applies to each certified act of terrorism whether or not there is applicable scheduled underlying insurance or any other collectible insurance. Applicable scheduled underlying insurance may be applied to reduce or exhaust the Terrorism Retained Limit. Defense expenses shall not erode the Terrorism Retained Limit. For the purposes of this endorsement the following definitions are added to Section VI. Definitions Defense expenses means any payment allocated to the investigation settlement or defense of a specific claim or suit including the following 1 3 5 6 Attorney s fees and all other investigation loss adjustment and litigation expenses Premiums on bonds to release attachments Premiums on appeal bonds required by law to appeal any claim or suit Costs taxed against the insured by law to appeal any claim or suit Pre judgment interest awarded against the insured and Interest that accrues after entry of judgment. 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 Terrorism Risk Insurance Act for a certified act of terrorism include the following 1 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 and The act is a violent act or an act that is dangerous to human life property or infrastructure and is committed by an individual or individuals as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. All other terms and conditions remain the same. 2011 X.L. America Inc. All Rights Reserved. May not be copied without permission. Page 2 of 2 XCU 901 0811 | 2 |
ENDORSEMENT This endorsement effective 1201 a.m. June 01 2014 forms a part of Policy No. US00058016LI14A issued to Michaels Stores Inc. by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED 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 Section V. Exclusions A 4 is deleted in its entirety and replaced with the following 4 Access or Disclosure of Confidential or Personal Information and Data Related Liability 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 or process intangible property. For the purpose of this exclusion intangible property includes 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. Al other terms and conditions remain the same. MANUS 2014 X.L. America Inc. All Rights Reserved. Page 10f 1 May not be copied without permission. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
ENDORSEMENT This endorsement effective 1201 a.m. June 01 2014 forms a part of Policy No. US00058016LI14A issued to Michaels Stores Inc. by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Violation of Communication or Information Law 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. MANUS 2013 X.L. America Inc. All Rights Reserved. Page 1 0f 1 May not be copied without permission. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
ENDORSEMENT This endorsement effective 1201 a.m. June 01 2014 forms a part of Policy No. US00058016LI14A issued to Michaels Stores Inc. by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SHARED LIMITS OF INSURANCE ENDORSEMENT Applicable to Insuring Agreements A and B This endorsement modifies insurance provided under the following COMMERCIAL EXCESS FOLLOW FORM AND UMBRELLA LIABILITY POLICY l. Section IV. Limits of Insurance is amended to include Shared Limits of Insurance A The following Shared Limits of Insurance will apply to the combined total of all amounts payable under this policy and the policy referenced in the Schedule included in this endorsement as loss or the equivalent term in the policy referenced in the Schedule included in this endorsement. Shared Limits of Insurance 25000000 Shared Each Occurrence Limit 25000000 Shared Aggregate Limit 25000000 Shared Products Completed Operations Aggregate Limit B The maximum amount we will pay under this policy and the policy shown in the Schedule of this endorsement combined will not exceed the Shared Limits of Insurance regardiess of any aggregate limit per occurrence per accident per event per wrongful act or any other Limits of Insurance or Limits of Liability in this policy or in the policy shown in the Schedule of this endorsement. The Limits of Insurance shown in Declarations Item 3 of this policy will be reduced by any amounts paid under the policy shown in the Schedule of this endorsement because the Limits of Insurance of the policy shown in the Schedule are now part of the Shared Limits of Insurance and not in addition to the Limits of Insurance of this policy. 1. For the purposes of this endorsement only Section VI. Definitions is amended to include the following A Shared Aggregate Limit means the maximum combined total amount that 1 We will pay for all loss which is subject to the General Aggregate under this policy and 2 The Insurer shown in the Schedule included in this endorsement will pay for all Ultimate Net Loss which is subject to the All Other Aggregate under the policy shown in the Schedule. MANUS 2014 X.L. America Inc. All Rights Reserved. May not be copied without permission. Page 2 of 1 | 2 |
B Shared Each Occurrence Limit means the maximum combined total amount that we and the Insurer shown in the Schedule of this endorsement will pay will pay with respect to one occurrence covered under this policy and under the policy shown in the Schedule. C Shared Products Completed Operations Aggregate Limit means the maximum combined total amount that 1 We will pay for all loss included in the products completed operations hazard under this policy and 2 The Insurer shown in the Schedule included in this endorsement will pay for all Ultimate Net Loss which is included in the Products Hazard and Completed Operations Hazard under the policy shown in the Schedule. In the event of inconsistency between this endorsement and a any other part of this policy including the Declarations or b the policy including the Declarations shown in the Schedule of this endorsement this endorsement will prevail. SCHEDULE Country of Issuance Insurer Policy Number Policy Term Canada XL Insurance Company CA00002370LI114A Limited June 012014 June 012015 All other terms and conditions remain the same. MANUS 2014 X.L. America Inc. All Rights Reserved. May not be copied without permission. Page 2 of 2 | 2 |
Libe f. Mutlrlgi. INSURANCE COMMERCIAL LIABILITY UMBRELLA DECLARATIONS Issued by Liberty Insurance Corporation Policy Number RQ1 Z291 469634 018 Producer BFL CANADA RISK AND INSURANCE SERVICES INC 181 UNIVERSITY AVE STE 1700 TORONTO ON M5H 3M7 Renewal of New Business Item 1. Named Insured and Mailing Address Match Marketing Corporation 5225 Satellite Drive Mississauga ON L4W 5P9 Canada The Named Insured is Corporation Item 2. Policy Period 9302018 to 9302019 at 1201 A.M. standard time at above mailing address. Item 3. Limits of Insurance Each Occurrence Limit 20000000 General Aggregate Limit 20000000 Products Completed Operations Aggregate Limit 20000000 Item 4. Self Insured Retention Each Occurrence 0 Item 5. Premium Premium Basis Audit Basis Estimated Exposure Rate Advance Premium Flat Charge 0 15754 Certified Acts of Terrorism Coverage Total Advance Premium 0 15754 Minimum Retained Premium 0 Issued Code Number Account Number Sub Account Number JAD 10262018 99935 9 469603 0900 LCU 00020118 2017 Liberty Mutual Insurance Page 10of 2 | 2 |
Item 6. Underlying Insurance ICoverage Insurer Policy Period Policy Number Limits of Insurance Canadian Employee Benefits Hartford Fire Insurance Company 9302018 to 9302019 37 CPG NI9346 2000000 Each Claim 2000000 Aggregate Canadian Auto Liability Hartford Fire Insurance Company 9302018 to 9302019 37 CPG NI9346 2000000 CSL Canadian General Liability Hartford Fire Insurance Company 9302018 to 9302019 37 CPG NI9346 2000000 Each Occurrence 10000000 General Aggregate 2000000 Products Completed Ops Aggregate 2000000 Pers Adv Injury Limit bility ps CPG NI9346 These Declarations and any Declarations Extension Schedules together with the Coverage Form and any Endorsements complete this policy. Forms and Endorsements attached to this policy See Attached Schedule Countersigned by Authorized Company Representative LCU 00020118 2017 Liberty Mutual Insurance Page 2 of 2 | 2 |
SCHEDULE OF FORMS AND ENDORSEMENTS Form Number Form Name LCU 00 02 01 18 LNF 02 01 01 18 LNF 99 01 01 18 LCU 99 05 01 LCU 04 05 01 LCU 04 06 01 LCU 04 11 01 LCU 211370118 LCU 21 19 01 LCU 21 47 01 LCU 21 70 01 LCU 21 83 01 LCU 21 85 01 LCU 24 09 01 LCU 25 09 01 LCU 25 10 01 LCU 29 09 01 18 18 18 18 18 18 18 8 8 18 18 18 18 LNF 21 0201 18 LCU 00 01 01 18 CNI90 09 0118 LIL 90 04 06 13 Commercial Liability Umbrella Declarations Canadian Changes Cancellation Currency Clause Endorsement Declarations Extension Named Insured Non Employment Discrimination Limitation Punitive or Exemplary Damages Most Favorable Jurisdiction Crisis Management Coverage Land or Earth Movement Exclusion Silica or Silica Related Dust Exclusion Damage First Occurring Prior To Policy Period Exclusion Professional Liability Exclusion Including But Not Limited To Specified Operations Residential Construction Operations Exclusion With Commercial Non Residential Use Exception Access or Disclosure of Confidential or Personal Information and Data Related Liability Exclusion With Limited Bodily Injury Exception Foreign Liability Limitation Non Cumulation Of Liability Same Occurrence Combined Limits of Insurance Multiple Policies Products Completed Operations Hazard Redefined Canadian Terrorism Exclusion Commercial Liability Umbrella Coverage Form Canadian Claims Notice Annual Meeting Notice For attachment to RQ1 291 469634 018 Page1of1 | 2 |
Policy Number RQ1 291 469634 018 Issued by LIBERTY MUTUAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANADIAN CHANGES CANCELLATION The Cancellation condition of the policy is changed to provide that with respect to cancellation by us for nonpayment of premium we will mail or deliver to you written notice of cancellation at least 15 days before the effective date of cancellation but in no event fewer than the number of days required by applicable statute or rule. LNF 02010118 2018 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1of 1 | 2 |
Policy Number RQ1 291 469634 018 Issued by LIBERTY MUTUAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANADIAN CURRENCY CLAUSE All monetary amounts with respect to this policy including but not limited to limits aggregates and payments shall be calculated in Canadian dollars. LNF 99010118 2018 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1of 1 | 2 |
Policy Number RQ1 291 469634 018 Issued by LIBERTY MUTUAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DECLARATIONS EXTENSION NAMED INSURED This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Item 1. Named Insured of the Declarations is amended as follows Match Marketing Corporation LCU 99050118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number RQ1 291 469634 018 Issued by LIBERTY MUTUAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NON EMPLOYMENT DISCRIMINATION LIMITATION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following is added to SECTION V EXCLUSIONS This insurance does not apply to any liability arising from Discrimination on the basis of race creed national or ethnic origin age gender sexual orientation marital status religion physical capabilities characteristics or condition or mental capabilities or condition but only if such discrimination is 1 Intentionally committed by the insured 2 Committed by at the direction of or with the knowledge or consent of any insured or 3 Prohibited to be insured by applicable law or public policy. However the above paragraph does not apply to the extent underlying insurance provides such coverage. Coverage under this policy will be no broader than that provided by underlying insurance. Regardless of the terms of the underlying insurance this insurance does not apply to 1 Liability for the cost of making accommodations required by the Americans with Disabilities Act of 1990 or any amendment thereto or any similar federal state or local law including but not limited to any facility alterations or the acquisition or modification of equipment or devices and 2 Liability arising from employment related practices as set out in Exclusion 13. of this policy. LCU 04050118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number RQ1 291 469634 018 Issued by LIBERTY MUTUAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PUNITIVE OR EXEMPLARY DAMAGES MOST FAVORABLE JURISDICTION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. The following is added to SECTION VI CONDITIONS Choice of Law for Insurability of Punitive or Exemplary Damages Punitive or exemplary damages awarded because of loss covered by this policy will be considered damages covered under SECTION COVERAGES if such punitive or exemplary damages a. Were awarded in a judgment that also awards compensatory damages covered by this policy and b. Are insurable under the law of the jurisdiction that is most favorable to the insurability of such damages amongst the jurisdictions that have a substantial relationship to 1 The insured 2 The suit in which the damages were awarded or 3 This policy. This condition only applies to punitive or exemplary damages covered by this policy and does not apply to any other coverage provided by this policy. B. The following is added to Paragraph 5. of SECTION Il LIMITS OF INSURANCE With respect to punitive or exemplary damages that would not have been insurable under this policy except for the attachment of this endorsement the retained limit will include the amount of all applicable limits of underlying insurance that would have applied to such damages if they were not deemed to be uninsurable under such underlying insurance plus other insurance. LCU 04060118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number RQ1 291 469634 018 Issued by LIBERTY MUTUAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CRISIS MANAGEMENT COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Cri Schedule s Management Expense Aggregate Limit 250000 Liberty Mutual Preferred Public Relations Vendor Weber Shandwick Liberty Mutual Claims 1 800 362 0000 For purposes of coverage afforded by this endorsement only A. The following is added to SECTION COVERAGES CRISIS MANAGEMENT We will pay those sums necessary to reimburse you or pay on your behalf crisis management expenses arising from an insured crisis event to which this insurance applies. However This insurance applies only if 1 The insured crisis event commences during the policy period 2 Theinsured crisis event did not arise out of any fact circumstance pre existing condition or situation that you prior to the inception date of this policy knew or reasonably should have known could lead to cause or result in an insured crisis event 3 You notify us by telephone at the number listed for Liberty Mutual Claims as shown in the Schedule above within 7 days of the insured crisis event 4 The crisis management expenses are first incurred within 15 days after the insured crisis event commences 5 The crisis management expenses are not incurred more than 120 days after the commencement of the insured crisis event and 6 A claim for reimbursement of crisis management expenses is submitted within 120 days after incurring such crisis management expenses. We will have no duty under this Crisis Management Coverage to defend the insured against any claim suit or action seeking damages. Payment of any crisis management expenses under the Crisis Management Coverage endorsement is in addition to and will not reduce any other Limits of Insurance under this policy and will not be determinative of our obligations under this policy with respect to any claim or suit including any duty to defend or indemnify any insured for such claim or suit. LCUO04110118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 4 | 2 |
d. The amount we will pay is limited as described in Paragraph B. of the Crisis Management Coverage endorsement. e. Aninsured crisis event will be deemed to commence at the time when any of your key executives first become aware of the man made emergency situation that resulted in the insured crisis event.. The following is added to SECTION Iil LIMITS OF INSURANCE The Crisis Management Expense Aggregate Limit shown in the Schedule of the Crisis Management Coverage endorsement is the most we will pay for the sum of all crisis management expenses to which this endorsement applies regardless of the number of 1. Insureds 2. Insured crisis events 3. Persons or organizations making claims. The following is added to SECTION V EXCLUSIONS Newly Acquired or Formed Organizations Crisis management expenses incurred by any organization you newly acquire control or form if the insured crisis event which led to such crisis management expenses commenced before you acquired controlled or formed such organization. Infectious Diseases or llinesses Crisis management expenses arising out of any infectious diseases or illnesses caused by any bacterium virus or fungus. However this exclusion does not apply to crisis management expenses arising out of food borne illnesses. Intentional Acts by You Intentional acts by you or your employees provided that such acts were performed with the knowledge that it would directly lead to an insured crisis event. The following are added to SECTION VII DEFINITIONS Insured crisis event means an occurrence resulting from a man made emergency situation including but not limited to a. Intentional acts except those committed by you or your employees such as arson a bombing the taking of hostages a mass shooting or terrorism if coverage under the Terrorism Risk Insurance Act is elected under the policy b. A building structure or equipment collapse c. An automobile watercraft or aircraft accident d. Spread of food borne illness or e. An explosion that a key executive reasonably believed in good faith has resulted or may result in a. 1 Damages in excess of the retained limit because of bodily injury or property damage to which this insurance applies or LCUO04110118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 2 of 4 | 2 |
b. 2 Multiple deaths burns dismemberment injuries traumatic brain injuries permanent paralysis injuries and Significant adverse regional or national media coverage about you. Crisis management expenses Means the following reasonable and necessary fees and expenses following an insured crisis event 1 Expenses incurred directly by our Liberty Mutual Preferred Public Relations Vendor shown in the Schedule for the purpose of maintaining and restoring public confidence in you. 2 Expenses incurred by the public relations vendor that was held on retainer by you at the time of the insured crisis event for providing public relations and media management services but only for those expenses required for the purpose of maintaining and restoring public confidence in you related to the insured crisis event. 3 Expenses incurred directly by your operations for the purpose of maintaining and restoring public confidence in you. These expenses may include printing advertising or mailing of materials to manage reputational risk. 4 Costs of overtime paid to your regular non salaried employees and costs incurred by your employees including costs of transportation and accommodations for the purpose of providing public relations and media services. G Expenses you advance to third parties directly harmed by the insured crisis event for the purpose of mitigating the harm. These expenses may include funeral psychological or grief counseling temporary living and travel expenses. Does not include 1 Any damages imposed upon any insured including but not limited to any fine sanction penalty or punitive or exemplary damages plus any equitable injunctive or other non monetary relief. 2 Any expenses you incur in the investigation defense or settlement of a claim or suit for bodily injury property damage or personal and advertising injury arising out of an insured crisis event. The base salary or wages of any of your employees. 4 Any ransom payment or other expense incurred to meet a demand made to redeem a hostage or captive. 5 Expenses incurred by any public relations or crisis management firm that is not listed as a Liberty Mutual Preferred Public Relations Vendor in the Schedule or that was not held on retainer by you at the time of the insured crisis event. 6 Any retainers or other contracted fees you paid a professional crisis management firm public relations media relations or similar firm prior to an insured crisis event. Damages arising out of any employment related practices such as refusal to employ termination or any other practices policies acts or omissions such as coercion demotion failure to promote evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at any person. Key executive means a. Chief Executive Officer LCUO04110118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 3of 4 | 2 |
h. Chief Operating Officer Chief Financial Officer President General Counsel or Chief Legal Officer General Partner if you are a partnership or Sole Proprietor if you are a proprietorship Any person acting in the same capacity as any position listed in Paragraphs a. through e. above and Any risk manager responsible for insurance matters or any other lawfully elected or appointed executive officer official director trustee or commissioner that is responsible for insurance matters. The following is added to SECTION VI CONDITIONS Duties in the Event of an Insured Crisis Event In the event you did not have a public relations or crisis management firm held on retainer at the time of the insured crisis event and would like to utilize a Liberty Mutual Preferred Public Relations Vendor you must notify both the Liberty Mutual Preferred Public Relations Vendor and Liberty Mutual Claims at the phone number listed in the Schedule within 7 days of an insured crisis event. Due to the emergent nature of claims under this coverage there may be circumstances in which expenses are incurred by a Liberty Mutual Preferred Public Relations Vendor prior to our having the opportunity to determine whether those expenses will be covered under this policy. In those circumstances we will reimburse or pay expenses incurred for services from our Liberty Mutual Preferred Public Relations Vendor prior to our making a coverage determination. We reserve the right to decline expenses incurred after we have informed you that the claim is not covered. In the event you choose to use the public relations or crisis management vendor that you held on retainer at the time of the insured crisis event you must notify Liberty Mutual Claims at the phone number listed in the Schedule within 7 days of an insured crisis event. Additionally you must provide us with written notice as soon as practicable. To the extent possible such written notice should include 1 How when and where the insured crisis event took place 2 The names and addresses of any affected parties and witnesses and 3 The nature and location of any injury or damage arising out of the insured crisis event. LCUO04110118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 4 of 4 | 2 |
Policy Number RQ1 291 469634 018 Issued by LIBERTY MUTUAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. LAND OR EARTH MOVEMENT EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following exclusion is added to SECTION V EXCLUSIONS Land or Earth Movement Any liability directly or indirectly caused by arising out of relating to resulting from attributable to contributing to or aggravated by any actual or alleged land or earth movement. Land or earth movement means movement in any direction including but not limited to instability rising upheaval expansion settling sinking shrinkage slipping falling away tilting caving in eroding shifting in a horizontal or sideways direction mud flow mudslide volcanic eruption or earthquake or any other movement of land or earth regardless of the cause whether manmade or natural. LCU 211370118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number RQ1 291 469634 018 Issued by LIBERTY MUTUAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SILICA OR SILICA RELATED DUST EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following exclusion is added to SECTION V EXCLUSIONS Silica or Silica Related Dust b. Bodily injury arising in whole or in part out of the actual alleged threatened or suspected inhalation of or ingestion of silica or silica related dust. Property damage arising in whole or in part out of the actual alleged threatened or suspected contact with exposure to existence of or presence of silica or silica related dust. Personal and advertising injury arising in whole or in part out of the actual alleged threatened or suspected inhalation of ingestion of contact with exposure to existence of or presence of silica or silica related dust. Any loss cost or expense arising in whole or in part out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediation 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 purpose of this endorsement b. 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. LCU21190118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number RQ1 291 469634 018 Issued by LIBERTY MUTUAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DAMAGE FIRST OCCURRING PRIOR TO POLICY PERIOD EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following exclusion is added to SECTION V EXCLUSIONS Damage First Occurring Prior to Policy Period This insurance does not apply to bodily injury or property damage within the products completed operations hazard if the injury or damage first occurred prior to the effective date of this policy. LCU 21470118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number RQ1 291 469634 018 Issued by LIBERTY MUTUAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PROFESSIONAL LIABILITY EXCLUSION INCLUDING BUT NOT LIMITED TO SPECIFIED OPERATIONS This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following exclusion is added to SECTION V EXCLUSIONS Professional Liability Any liability arising out of the rendering of or failure to render any professional service. This includes but is not limited to b. m. n. Legal accounting and their related services Preparing approving or failing to prepare or approve plans maps drawings opinions reports surveys field orders change orders designs or specifications Architectural engineering surveying or construction management services including related supervisory or inspection services Real estate stock insurance or financial advisor services including services as an agent or broker Medical surgical dental x ray nursing physical therapy or first aid services treatment advice or instruction Any health neutraceutical diet or therapeutic service treatment advice or instruction Skin enhancement hair removal or replacement body piercing tattoo application or removal tanning or any form of personal grooming and appearance service treatment advice or instruction Any service treatment advice or instruction relating to physical fitness including services in connection with massage cardio vascular fitness body building or physical training programs Optometry optical or hearing aid services including the prescribing preparation fitting demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices Services in the practice of pharmacy Law enforcement or firefighting services including inspection services Funeral director services including handling embalming disposal burial cremation or disinterment of dead bodies or remains Veterinary and animal grooming services or Consultation or services in the practice of teaching in an educational institution. 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. LCU21700118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number RQ1 291 469634 018 Issued by LIBERTY MUTUAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RESIDENTIAL CONSTRUCTION OPERATIONS EXCLUSION WITH COMMERCIAL NON RESIDENTIAL USE EXCEPTION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following exclusion is added to SECTION V EXCLUSIONS Residential Construction Operations Any liability arising out of residential construction operations whether ongoing or completed. If a residential construction project includes a component that is intended for commercial non residential use this exclusion shall not apply to that portion of the structure or project. For the purposes of this endorsement residential construction includes but is not limited to construction reconstruction demolition remodeling or repair of any phase of construction or site preparation for the following types of residential structures single or multi family dwellings tract homes apartments townhomes condominiums or any mixed use structures with a residential component but does not include hotels motels assisted living facilities nursing homes college campus dormitories or government housing on military bases. LCU 21830118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number RQ1 291 469634 018 Issued by LIBERTY MUTUAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ACCESS OR DISCLOSURE OF CONFIDENTIAL OR PERSONAL INFORMATION AND DATA RELATED LIABILITY EXCLUSION WITH LIMITED BODILY INJURY EXCEPTION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. Exclusion 10. of SECTION V EXCLUSIONS is deleted. B. The following exclusion is added to SECTION V EXCLUSIONS Access or Disclosure of Confidential or Personal Information and Data Related Liability Any liability arising out of a. Any access to or the actual threatened or potential release disclosure or distribution of any person s or organization s confidential or personal information including but not limited to 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. However this exclusion does not apply to damages because of bodily injury arising from the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. LCU 21850118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number RQ1 291 469634 018 Issued by LIBERTY MUTUAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FOREIGN LIABILITY LIMITATION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The following exclusion is added to SECTION V EXCLUSIONS Foreign Liability Any liability caused by an occurrence that takes place outside of the United States of America including its territories and possessions Puerto Rico and Canada. However this exclusion does not apply to the extent underlying insurance provides such coverage. Coverage under this policy will be no broader that that provided by underlying insurance. For the purpose of this endorsement Paragraph 2.b. of SECTION COVERAGES is deleted and replaced by the following The bodily injury property damage or personal and advertising injury is caused by an occurrence that takes place in the United States of America including its territories and possessions Puerto Rico and Canada and LCU 24090118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number RQ1 291 469634 018 Issued by LIBERTY MUTUAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NON CUMULATION OF LIABILITY SAME OCCURRENCE This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A. The following is added to Paragraph 4. of SECTION Ill LIMITS OF INSURANCE If one occurrence causes bodily injury andor property damage during the policy period and during the policy period of one or more prior andor future umbrella or excess liability policyies issued to you by us then this policy s Each Occurrence Limit will be reduced by the amount of each payment made by us under the other policyies because of such occurrence. This paragraph will not apply to insurance specifically written as excess over this policy. If one occurrence causes personal and advertising Injury to which this policy applies and to which one or more prior andor future umbrella or excess liability policyies issued to you by us also applies then this policy s Each Occurrence Limit will be reduced by the amount of each payment made by us under the other policyies because of such occurrence. This paragraph will not apply to insurance specifically written as excess over this policy. B. Paragraph 7. of SECTION Il LIMITS OF INSURANCE is deleted and replaced by the following The Limits of Insurance of this policy apply separately to each consecutive annual period and to any remaining period of less than 12 months starting with the beginning of the policy period shown in the Declarations unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the aggregate Limits of Insurance. However the Each Occurrence Limit is the most we will pay for damages because of all bodily Injury property damage and personal and advertising injury arising out of any one occurrence regardless of the length of the policy period. LCU 25090118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number RQ1 291 469634 018 Issued by LIBERTY MUTUAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMBINED LIMITS OF INSURANCE MULTIPLE POLICIES This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM The Limits of Insurance listed below are combined and apply collectively not separately to this policy and all policies listed in the Schedule of this endorsement. The combined limits apply regardless of the number of occurrences insureds claims made or suits brought or persons or organizations making claims or bringing suits under this policy or under any of the policies listed in the Schedule of this endorsement. 20000000 Each Occurrence Limit 20000000 General Aggregate Limit 20000000 Products Completed Operations Aggregate Limit Schedule Named Insured Match Marketing Corporation Policy Number TH7 Z91 469603 068 Policy Period 09302018 09302019 Named Insured Policy Number Policy Period Named Insured Policy Number Policy Period LCU25100118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number RQ1 291 469634 018 Issued by LIBERTY MUTUAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRODUCTS COMPLETED OPERATIONS HAZARD REDEFINED This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Schedule Description of Premises and Operations Marketing Events at 199 Scott St Buffalo NY 14201 With respect to bodily injury or property damage arising out of your products manufactured sold handled or distributed 1. On from or in connection with the use of any of your premises described in the Schedule of this endorsement or 2. In connection with the conduct of any of your operations described in the Schedule of this endorsement when conducted by you or on your behalf Paragraph a. of the definition of products completed operations hazard in SECTION VIl DEFINITIONS is deleted and replaced by the following 21. Products completed operations hazard a. Includes all bodily injury and property damage that arises out of your products if the bodily injury or property damage occurs after you have relinquished possession of those products. LCU 29090118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 1 | 2 |
Policy Number RQ1 291 469634 018 Issued by LIBERTY MUTUAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANADIAN TERRORISM EXCLUSION This endorsement modifies insurance provided under the following COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM A The following exclusion is added to SECTION V EXCLUSIONS Terrorism Bodily injury property damage or personal and advertising injury arising in whole or in part out of terrorism including action in hindering or defending against an actual or expected incident of terrorism. Bodily injury property damage or personal and advertising injury is excluded regardless of any other cause or event that contributes concurrently or in any sequence to such injury or damage. In the event of any incident of terrorism that is not subject to this exclusion coverage does not apply to any bodily injury property damage or personal and advertising injury that is otherwise excluded under this policy. As used in this exclusion the definition of terrorism means activities against persons organizations or property of any nature 1. That involve the following or preparation for the following a. Use or threat of force or violence or b. Commission or threat of a dangerous act or c. Commission or threat of an act that interferes with or disrupts an electronic communication information or mechanical system and 2. When one or both of the following applies a. The effect is to intimidate or coerce a government or the civilian population or any segment thereof or to disrupt any segment of the economy or b. It appears that the intent is to intimidate or coerce a government or to further political ideological religious social or economic objectives or to express or express opposition to a philosophy or ideology. LNF 21020118 2018 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1of 1 | 2 |
COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations and any other person or organization qualifying as a Named Insured under this policy. The words we us and our refer to the Company providing this insurance. The word insured means any person or organization qualifying as such under SECTION Il WHO IS AN INSURED. Other words and phrases that appear in bold font have special meaning. If not defined in the section in which they first appear refer to SECTION VII DEFINITIONS. In return for the payment of premium and subject to all the terms of this policy we agree with you to provide the insurance as stated in this policy. INSURING AGREEMENTS SECTION COVERAGES 1. We will pay on behalf of the insured those sums in excess of the retained limit that the insured becomes legally obligated to pay as damages because of bodily injury property damage or personal and advertising injury to which this insurance applies. In addition we will pay those sums in excess of the retained limit that the insured becomes legally obligated to pay as damages because of a negligent act error or omission committed in the administration of the Named Insured s employee benefit program to which this insurance applies. The amount we will pay for damages is limited as described in SECTION Il LIMITS OF INSURANCE. With respect to bodily injury property damage or personal and advertising injury this insurance applies only if a. The bodily injury or property damage occurs during the policy period or the personal and advertising injury is caused by an offense arising out of your business but only if the offense was committed during the policy period b. The bodily injury property damage or personal and advertising injury is caused by an occurrence that takes place anywhere and c. Prior to the policy period no insured listed under Paragraph 3. of SECTION Il WHO IS AN INSURED or any employee who has been authorized by you to give or receive notice of an occurrence or claim knew that the bodily injury or property damage had occurred in whole or in part. Bodily injury or property damage will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 3. of SECTION Il WHO IS AN INSURED or any employee authorized by you to give or receive notice of an occurrence or claim a. Reports all or any part of such bodily injury or property damage to us or any other insurer b. Receives a written or oral demand or claim for damages because of such bodily injury or property damage or c. Becomes aware by any other means that bodily injury or property damage has occurred or has begun to occur. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 24 | 0 |
If such a listed insured or authorized employee knew prior to the policy period that the bodily injury or property damage had occurred then any continuation change or resumption of such bodily injury or property damage during or after the policy period will be deemed to have been known prior to the policy period. Bodily injury or property damage which occurs during the policy period and which was not prior to the policy period known to have occurred or to have begun to occur by any insured listed under Paragraph 3. of SECTION Il WHO IS AN INSURED or any employee authorized by you to give or receive notice of an occurrence or claim includes any continuation change or resumption of that bodily injury or property damage after the end of the policy period. If we are prevented by law or statute from directly paying damages covered by this policy on behalf of the insured then we will where permitted indemnify the Named Insured for those sums paid in excess of the retained limit. As used in Paragraphs 2.c. 3. and 4. above an insured listed under Paragraph 3. of SECTION Il WHO IS AN INSURED does not include a stockholder who is not otherwise an insured. SECTION Il WHO IS AN INSURED 1. The first named insured is an insured. 2. Any organization that is a subsidiary of the first named insured and over which you maintain ownership or majority interest as of the effective date of this policy provided such organization was made known to us by the effective date of this policy and is included as an insured in underlying insurance. Coverage under this policy will be no broader than that provided by underlying insurance. 3. If you are designated in the Declarations as a. An individual you and your spouse are insureds but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture you are an insured. Your members your partners and their spouses are also insureds but only with respect to the conduct of your business. c. A limited liability company you are an insured. Your members are also insureds but only with respect to the conduct of your business. Your managers are insureds but only with respect to their duties as your managers. d. Anorganization other than a partnership joint venture or limited liability company you are an insured. Your executive officers and directors are insureds but only with respect to their duties as your officers or directors. Your stockholders are also insureds but only with respect to their liability as stockholders. e. Atrust you are an insured. Your trustees are also insureds but only with respect to their duties as trustees. 4. Each of the following is also an insured a. Your volunteer workers but only while performing duties related to the conduct of your business your employees other than either your executive officers if you are an organization other than a partnership joint venture or limited liability company or your managers if you are a limited liability company but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However none of these employees or volunteer workers are insureds for 1 Bodily injury or personal and advertising injury a To you to your partners or members if you are a partnership or joint venture to your members if you are a limited liability company to a co employee in the course of his or her employment or performing duties related to the conduct of your business or to your other volunteer workers while performing duties related to the conduct of your business LCU 00010118 2017 Liberty Mutual Insurance Page 2 of 24 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 2 of 24 | 1 |
b To the spouse child parent brother or sister of that co employee or volunteer worker as a consequence of Paragraph 1a above c For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraph 1a or 1b above or d Arising out of his or her providing or failing to provide professional health care services. However Paragraphs 1a 1b and 1c do not apply to the extent underlying insurance provides coverage for such persons. Coverage under this policy will be no broader than that provided by underlying insurance. Insurance provided by this policy for bodily injury to a co employee or volunteer worker will not apply if the injured co employee s or volunteer worker s sole remedy for such injury is provided under a workers compensation law or any similar law. Property damage to property a Owned occupied used by b Rented to in the care custody or control of or over which physical control is being exercised for any purpose by you any of your employees volunteer workers any partner or member if you are a partnership or joint venture or any member if you are a limited liability company. b. Any person other than your employee or any organization while acting as your real estate manager. c. Any person or organization having proper temporary custody of your property if you die but only 1 With respect to liability arising out of the maintenance or use of that property and 2 Until your legal representative has been appointed. d. Your legal representative if you die but only with respect to duties as such. That representative will have all your rights and duties under this policy. e. Any person or organization included as an additional insured in underlying insurance. Coverage under this policy will be no broader than that provided by underlying insurance. However 1 The insurance afforded to such additional insured only applies to the extent permitted by law and 2 If coverage provided to the additional insured is required by a contract or agreement this insurance will be no broader than that which you are required by the contract or agreement to provide for such additional insured. The Limits of Insurance applicable to the additional insured are included within and are not in addition to the Limits of Insurance shown in the Declarations. f. Any person while using with your permission a covered auto and any person or organization legally responsible for its use but only if that person is an insured with respect to liability arising out of the ownership maintenance use or entrustment to others of covered autos. 5. Any organization you newly acquire or form other than a partnership joint venture or limited liability company and over which you maintain ownership or majority interest will qualify as an insured under this policy if there is no other similar insurance available to that organization and that organization qualifies as an insured in underlying insurance. However LCU 00010118 2017 Liberty Mutual Insurance Page 3 of 24 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 3 of 24 | 1 |
a. Coverage under this provision is afforded only until the 180 day after you acquire or form the organization or the end of the policy period whichever is earlier. However such coverage will be provided for no longer than that provided by underlying insurance and b. Coverage does not apply to any liability that occurred or offense committed before you acquired or formed the organization. Except as provided in Paragraph 5. above no person or organization is an insured with respect to the conduct of any current or past partnership joint venture or limited liability company that is not shown as a Named Insured in the Declarations. SECTION Ill LIMITS OF INSURANCE 1. The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of a. Insureds b. Claims made or suits brought c. Persons or organizations making claims or bringing suits or d. Coverages provided under this policy. The General Aggregate Limit is the most we will pay for the sum of all damages covered under this policy except a. Damage included in the products completed operations hazard and b. Damage covered by underlying insurance to which no aggregate limit applies. The General Aggregate Limit applies separately and in the same manner as the aggregate limits in the underlying insurance. The Products Completed Operations Aggregate Limit is the most we will pay for the sum of all damages because of bodily injury and property damage included in the products completed operations hazard. Subject to Paragraphs 2. and 3. above if either applies the Each Occurrence Limit is the most we will pay for the sum of all damages covered under this policy arising out of any one occurrence. If the applicable limits of insurance of underlying insurance or other insurance providing coverage to the insured are reduced or exhausted by payments of damages subject to the terms and conditions of this policy we will a. Inthe event of reduction pay in excess of the reduced applicable limits of underlying insurance or other insurance or b. Inthe event of exhaustion continue in force as underlying insurance but for no broader coverage than is available under this policy. The retained limit will not be reduced or exhausted by defense costs loss adjustment expenses supplementary payments or similar amounts that reduce or exhaust the policy limits of underlying insurance or other insurance. If any underlying insurance has a limit of insurance greater than the amount shown in the Schedule of Underlying Insurance this policy will apply in excess of the greater amount. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 4 of 24 | 1 |
7. 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 unless the policy period is extended after issuance for an additional period of less than 12 months. In that case the additional period will be deemed part of the last preceding period for purposes of determining the Limits of Insurance of this policy. If coverage provided to an additional insured is required by a contract or agreement we will pay on behalf of the additional insured the lesser of a. The amount of insurance required by the contract or agreement less any amounts payable by any underlying insurance or otherwise retained or b. The available applicable Limits of Insurance of this policy. SECTION IV DEFENSE AND SUPPLEMENTARY PAYMENTS 1. We will have the right and duty to defend any suit seeking damages covered by this insurance by counsel of our choice when a. Thetotal applicable limits of underlying insurance and other insurance have been exhausted by payment of damages covered by this policy or b. The damages sought because of bodily injury property damage personal and advertising injury or any damage arising from any actual or alleged negligent act error or omission in the administration of the Named Insured s employee benefit program to which this insurance applies would not be covered by underlying insurance or other insurance. However we have no duty to defend any suit if any other insurer has a duty to defend. If we have a duty to defend but are prevented by law or statute from performing that duty you agree to take up such defense and investigation. We will reimburse you for our share of the reasonable costs paid for such investigation or defense. We have the right but not the duty at our expense to participate in the defense of any suit and the investigation of any claim to which this insurance may apply. However if we exercise this right we will not contribute to the expenses of the insured or underlying insurer. We will pay the following supplementary payments with respect to any claim we investigate or settle or any suit against the insured we defend a. All expenses we incur. b. The premium for bonds to release attachments but only for bond amounts within the applicable Limits of Insurance of this policy. We do not have to furnish these bonds. c. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or suit including actual loss of earnings because of time off from work but not including the salaries of the insured s employees and in no event more than 500 a day. d. All court costs taxed against the insured in the suit. e. Prejudgment interest awarded against the insured on that part of the judgment we pay. However if we make a settlement offer within the applicable Limits of Insurance of this policy that is acceptable to the claimant or make an offer to pay the applicable Limits of Insurance of this policy we will not pay any prejudgment interest accruing after we make such offer. f. Post judgment interest awarded against the insured on that part of the judgment we pay that accrues after the judgment and before we have paid offered to pay or deposited in court the part of the judgment that is within the applicable Limits of Insurance of this policy. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 5 of 24 | 1 |
These payments will not reduce the Limits of Insurance of this policy. 5. Our duty to defend any claim or suit and make any supplementary payments ends once we have exhausted the applicable Limits of Insurance of this policy by payment of judgment or settlements. SECTION V EXCLUSIONS This insurance does not apply to 1. Aircraft Any liability arising out of the ownership maintenance use or entrustment to others of any aircraft owned or operated by or rented or loaned to any insured. Use includes operation and loading 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. However this exclusion does not apply to the extent underlying insurance provides such coverage. Coverage under this policy will be no broader than that provided by underlying insurance. Asbestos Any liability arising or allegedly arising out of asbestos either alone or in combination with other substances or factors. Auto Coverages a. Bodily injury or property damage arising out of the ownership maintenance use or entrustment to others of any auto. Use includes operation and loading or unloading. However this exclusion does not apply to the extent underlying insurance provides such coverage. Coverage under this policy will be no broader than that provided by underlying insurance. b. Any loss cost or expense payable under or resulting from a first party physical damage coverage no fault law personal injury protection or auto medical payments coverage or uninsured or underinsured motorist law. Contractual Liability Any obligation of the insured by reason of the assumption of liability in a contract or agreement including an insured contract. This exclusion does not apply to a. Liability for damages that the insured would have in the absence of the contract or agreement b. Bodily injury or property damage assumed in a contract or agreement that is an insured contract provided the bodily injury or property damage occurs subsequent to the execution of the insured contract or c. The extent underlying insurance provides coverage for personal and advertising injury assumed in an insured contract. Coverage under this policy will be no broader than that provided by underlying insurance. Solely for the purposes of liability assumed in an insured contract reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of such liability provided 1 The liability to such party for or for the cost of that party s defense has also been assumed in the same insured contract and LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 6 of 24 | 1 |
2 Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. 5. Damage to Impaired Property or Property Not Physically Injured Property damage to impaired property or property that has not been physically injured arising out of a. A defect deficiency inadequacy or dangerous condition in your product or your work or b. Adelay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to your product or your work after it has been put to its intended use. 6. Damage to Property Property damage to a. Property you own rent or occupy including any costs or expenses incurred by you or any other person organization or entity for repair replacement enhancement restoration or maintenance of such property for any reason including prevention of injury to a person or damage to another s property b. Premises you sell give away or abandon if the property damage arises out of any part of those premises c. Property loaned to you d. Personal property in the care custody or control of the insured e. That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations if the property damage arises out of those operations or f. That particular part of any property that must be restored repaired or replaced because your work was incorrectly performed on it. Paragraph b. of this exclusion does not apply if the premises are your work and were never occupied rented or held for rental by you. Paragraphs c. d. e. and f. of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraphs c. and d. of this exclusion do not apply to liability assumed under a written Trailer Interchange agreement. Paragraph f. of this exclusion does not apply to property damage included in the products completed operations hazard. 7. Damage to Your Product Property damage to your product arising out of it or any part of it. 8. Damage to Your Work Property damage to your work arising out of it or any part of it and included in the products completed operations hazard. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 7 of 24 | 1 |
9. ERISA Any obligation of the insured under the Employee Retirement Income Security Act of 1974 ERISA and any amendments thereto or any similar federal state or local statute or regulation. 10. Electronic Data Any liability arising out of the loss of loss of use of damage to corruption of inability to access or inability to manipulate electronic data. 11. Employee Benefits Liability Any actual or alleged act error or omission in the administration of the Named Insured s employee benefit program. However this exclusion does not apply to the extent underlying insurance provides such coverage. Coverage under this policy will be no broader than that provided by underlying insurance subject to the following a. If the applicable underlying insurance applies such coverage on a claims made basis 1 This insurance applies only if a The negligent act error or omission committed in the administration of the Named Insured s employee benefit program occurs on or after the retroactive date if any provided by the underlying insurance and prior to the end of the policy period and b The claim or suit for such negligent act error or omission is first made in writing against any insured during i The policy period or i An extended reporting period as provided by underlying insurance subject to Paragraph 2 below. 2 Any extended reporting period provided by this policy will not reinstate or increase the Limits of Insurance applicable to any claim to which this insurance applies extend the policy period or change the scope of coverage provided by this policy. b. If the applicable underlying insurance does not apply such coverage on a claim made basis this insurance applies only if the negligent act error or omission committed in the administration of the Named Insured s employee benefit program occurs during the policy period. 12. Employer s Liability Bodily injury to a. 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 b. The spouse child parent brother or sister of that employee as a consequence of Paragraph a. above. This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. However this exclusion does not apply a. To liability assumed by the insured under an insured contract or LCU 00010118 2017 Liberty Mutual Insurance Page 8 of 24 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 8 of 24 | 1 |
13. 14. 15 16. b. If the bodily injury is covered by underlying insurance. Coverage under this policy will be no broader than that provided by underlying insurance. Employment Related Practices a. Any liability arising out of 1 Refusal to employ a person 2 Termination of a person s employment or 3 Employment related practices policies acts or omissions such as coercion demotion failure to promote evaluation reassignment discipline defamation harassment humiliation discrimination or malicious prosecution directed at a person or b. Consequential bodily injury or personal and advertising injury to the spouse child parent brother or sister of that person at whom any of the employment related practices described in Paragraph a. above is directed. This exclusion applies a. Whether the injury causing event described in Paragraph a. above occurs before employment during employment or after employment of a person b. Whether the insured may be liable as an employer or in any other capacity and c. To any obligation to share damages with or repay someone else who must pay damages because of the injury. Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property.. Fungi or Bacteria Any liability arising out of or related in any way to fungi or bacteria the exposure to fungi or bacteria or any claims arising from fungi or bacteria. This includes but is not limited to a. Injury or damage which would not have occurred in whole or in part but for the actual alleged or threatened inhalation of ingestion of contact with exposure to existence or presence of any fungi or bacteria on or within a building or structure including its contents regardless of whether any other cause event material or product contributed concurrently or in any sequence to such injury or damage or b. Any loss cost or expenses arising out of the abating testing for monitoring cleaning up removing containing treating detoxifying neutralizing remediating or disposing of or in any way responding to or assessing the effects of fungi or bacteria by any insured or by any other person or entity. This exclusion does not apply to any fungi or bacteria that are on or are contained in a good or product intended for human or animal consumption. Liquor Liability Bodily injury or property damage for which any insured may be held liable by reason of a. Causing or contributing to the intoxication of any person LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 9 of 24 | 1 |
b. The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol or c. Any statute ordinance or regulation relating to the sale gift distribution or use of alcoholic beverages. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in 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 if the occurrence which caused the bodily injury or property damage involved that which is described in Paragraph a. b. or c. above. This exclusion applies only if you are in the business of manufacturing distributing selling serving or furnishing alcoholic beverages. However this exclusion does not apply to the extent underlying insurance provides such coverage. Coverage under this policy will be no broader than that provided by underlying insurance. We will follow underlying insurance with respect to whether or not permitting a person to bring alcoholic beverages on your premises for consumption on your premises whether or not a fee is charged or a license is required for such activity is considered the business of selling serving or furnishing alcoholic beverages. 17. Nuclear Energy a. Any liability 1 With respect to which an insured under this policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association Mutual Atomic Energy Liability Underwriters Nuclear Insurance Association of Canada or any of their successors or would be an insured under any such policy but for its termination upon exhaustion of its limits of insurance or Resulting from the hazardous properties of nuclear material and with respect to which a any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954 or any law amendatory thereof or b the insured is or had this policy not been issued would be entitled to indemnity from the United States of America or any agency thereof under any agreement entered into by the United States of America or any agency thereof with any person or organization. b. Any liability 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 an insured or 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 an insured or 3 The injury or damage arises out of the furnishing by an insured of services materials parts or equipment in connection with the planning construction maintenance operation or use of any nuclear facility but if such facility is located within the United States of America its territories or possessions or Canada this Paragraph 3 applies only to 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 material means source material special nuclear material or by product material. c. Source material special nuclear material and by product material have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. d. Spent fuel means any fuel element or fuel component solid or liquid which has been used or exposed to radiation in a nuclear reactor. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 10 of 24 | 1 |
18. e. g. 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. 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 the insured at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof or more than 250 grams of uranium 235 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. Nuclear reactor means any apparatus designed or used to sustain nuclear fission in a self supporting chain reaction or to contain a critical mass of fissionable material. Property damage includes all forms of radioactive contamination of property. Personal and Advertising Injury b. Caused by an offense committed by or on behalf of the insured with knowledge that the act would violate the rights of another and would inflict personal and advertising injury Arising out of the oral written or electronic publication in any manner of material if done by or at the direction of the insured with knowledge of its falsity Avrising out of the oral written or electronic publication in any manner of material whose content in the same or substantially the same form was published before the beginning of the policy period Avrising out of a criminal act committed by or at the direction of the insured Arising out of a breach of contract except an implied contract to use another s advertising idea in your advertisement Arising out of the failure of goods products or services to conform with any statement of quality or performance made in your advertisement Arising out of the wrong description of the price of goods products or services stated in your advertisement LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 11 of 24 | 1 |
h. Arising out of infringement of or any other violation relating to copyright patent trademark trade secret or other intellectual property right. However this Paragraph h. does not apply to 1 Infringement of copyright trade dress or slogan committed in your advertisement or 2 The unauthorized use in your advertisement of another s idea for an advertisement Committed by an insured whose business is 1 Advertising broadcasting publishing or telecasting 2 Designing or determining content of websites for others or 3 An Internet search access content or service provider. However this Paragraph i. does not apply to Paragraphs 18.a. 18.b. and 18.c. under SECTION VII DEFINITIONS. For purposes of this Paragraph i. the placing of frames borders or links or advertising for you or others anywhere on the Internet is not by itself considered the business of advertising broadcasting publishing or telecasting Arising out of an electronic chatroom or bulletin board the insured hosts owns or over which the insured exercises control or k. 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. 19. Pollution a. Any liability arising out of the actual alleged or threatened discharge dispersal seepage migration release or escape of pollutants anywhere at any time whether included in a product or otherwise. However this exclusion does not apply to the extent underlying insurance provides coverage for liability described in Paragraphs 1 through 6 below. Coverage under this policy will be no broader than that provided by underlying insurance. 1 Bodily injury if sustained within a building which is or was at any time owned or occupied by or rented or loaned to any insured and caused by smoke fumes vapor or soot produced by or originating from equipment that is used to heat cool or dehumidify the building or equipment that is used to heat water for personal use by the building s occupants or their guests 2 Bodily injury or property damage arising out of heat smoke or fumes from a hostile fire 3 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 4 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 LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 12 of 24 | 1 |
20. 21. b. 5 Bodily injury or property damage arising out of the escape of fuels lubricants fluids exhaust gases or other similar pollutants that are needed for or result from the normal electrical hydraulic or mechanical functioning of a covered auto or its parts if a The pollutants escape seep migrate or are discharged dispersed or released directly from an auto part designed by its manufacturer to hold store receive or dispose of such pollutants and b The bodily injury or property damage does not arise out of the operation of any equipment shown in Paragraphs f.2 and.3 of the definition of mobile equipment or Bodily injury or property damage caused by or resulting from occurrences that take place away from premises owned by or rented to an insured with respect to pollutants not in or upon a covered auto if a The pollutants or any property in which the pollutants are contained are upset overturned or damaged as a result of the maintenance or use of a covered auto and b The discharge dispersal seepage migration release or escape of the pollutants is caused directly by such upset overturn or damage. Any loss cost or expense arising out of any 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 government authority for damages because of testing for monitoring cleaning up removing containing treating detoxifying or neutralizing or in any way responding to or assessing the effects of pollutants. This exclusion applies regardless of whether such discharge dispersal seepage migration release or escape occurs inside or outside a building or whether such pollutant has any function in your business operations premises site or location. Recall of Products Work or Impaired Property Damages claimed for any loss cost or expense incurred by you or others for the loss of use withdrawal recall inspection repair replacement adjustment removal or disposal of b. c. Your Product Your Work or Impaired Property if such product work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect deficiency inadequacy or dangerous condition in it. Recording and Distribution of Material or Information in Violation of Law Any liability arising out of any action or omission that violates or is alleged to violate b. The Telephone Consumer Protection Act TCPA including any amendment of or addition to such law The CAN SPAM Act of 2003 including any amendment of or addition to such law The Fair Credit Reporting Act FCRA and any amendment of or addition to such law including the Fair and Accurate Credit Transaction Act FACTA or LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 13 of 24 | 1 |
22 23. 24 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 Any liability however caused arising 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. Watercraft Any liability arising out of the ownership maintenance use or entrustment to others of any watercraft owned or operated by or rented or loaned to any insured. Use includes operation and loading or unloading. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring employment training or monitoring of others by that insured. However this exclusion does not apply to the extent underlying insurance provides such coverage. Coverage under this policy will be no broader than that provided by underlying insurance. Workers Compensation and Similar Laws Any obligation of the insured under a workers compensation disability benefits unemployment compensation law or any similar law. SECTION VI CONDITIONS 1. Appeals If the insured or the underlying insurers elect not to appeal a judgment we may elect to do so. If we appeal we will be liable for all court costs expenses incurred and interest incidental to the appeal which will be in addition to the Limits of Insurance of this policy. However our liability for such a judgment or settlement will not exceed the Limits of Insurance of this policy. 2. Audit and Premium a. You agree to pay the premium when due. b. The Premium shown as Advance Premium on the Declarations is a flat charge unless a rate is shown. c. If a rate is shown in the Declarations the Advance Premium shown in the Declarations is an estimated premium only. At the close of each audit period we will compute the earned premium for that period and send notice to the first named insured. If the earned premium is greater than Advance Premium you will promptly pay us the difference. If the earned premium is less than the Advance Premium we will return the difference to the first named insured subject to the Minimum Retained Premium if any shown in the Declarations for each twelve months of the policy period. d. The first named insured should keep records of the information we need for premium computation and make available to us or send us this information whenever we request. e. We may examine your books and records as they relate to this policy at any time during the policy period and for up to three years after the expiration or termination of this policy. LCU 00010118 2017 Liberty Mutual Insurance Page 14 of 24 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 14 of 24 | 1 |
f. We may at our option make an additional premium charge for any organization that you acquire or form during the policy period. Bankruptcy or Insolvency Your or any underlying insurer s bankruptcy insolvency or inability to pay shall neither relieve nor increase our obligations under this policy. However under no circumstances will such bankruptcy insolvency or inability to pay require us to drop down replace or assume any obligation of underlying insurance. This insurance will apply as if the underlying insurance were in full effect. Cancellation and Nonrenewal a. The first named insured may cancel this policy by mailing or delivering advance written notice to us stating when cancellation is to take effect. b. We may cancel this policy by mailing or delivering to the first named insured written notice of cancellation at least 1 10 days before the effective date of cancellation if we cancel for nonpayment of premium or 2 30 days before the effective date of cancellation if we cancel for any other reason. We will mail or deliver our notice to the first named insured s last mailing address known to us. c. The policy period will end on the day and hour stated in the cancellation notice. d. If we cancel final premium will be calculated pro rata based on the time the policy was actually in effect. e. If the first named insured cancels the premium refund may be less than pro rata and will be subject to the Minimum Retained Premium if any shown in the Declarations. f. Premium adjustment will be made at the time of cancellation or as soon as practicable thereafter but cancellation will be effective even if we have not made or offered any refund of unearned premium. Our check or our representative s check mailed or delivered shall be sufficient tender of any refund due. g. If we decide not to renew this policy we will mail or deliver our written notice of nonrenewal to the first named insured s last mailing address known to us not less than 30 days before the policy expiration date. h. If notice is mailed proof of mailing will be sufficient proof of notice. Changes This policy may be amended only by a written endorsement to this policy issued by us. Duties in the Event of Occurrence Claim or Suit You must promptly notify us of any occurrence which may result in a claim or suit seeking damages under this policy. To the extent possible notice should include 1 How when and where the occurrence took place 2 The names and addresses of any injured persons and witnesses and 3 The nature and location of any injury or damage arising out of the occurrence. Notice of an occurrence is not notice of a claim. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 15 of 24 | 1 |
b. If aclaim is made or suit is brought against any insured that is reasonably likely to involve the coverage provided by this policy you must notify us in writing promptly. c. You and any other involved insured also 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 any claim or suit we investigate settle or defend and 4 Upon our request assist us in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. d. No insured will except at that insured s own cost voluntarily make a payment assume any obligation make any admission or incur any expense other than for first aid without our consent. As used in this Paragraph 6. promptly means as soon as practicable after knowledge of the occurrence has been reported to an executive officer of the insured or to the employee designated by the insured to give us notice. 7. Inspection We have the right but are not obligated to inspect your premises and operations at any time. Our inspections are not safety inspections. They relate only to the insurability of your premises and operations and the premiums to be charged. We may give you reports on the conditions that we find. We may also recommend changes. However we do not undertake to perform the duty of you or any person or organization to provide for the health or safety of your employees or the public. We do not warrant the health and safety conditions of your premises or operations nor do we represent or certify that your premises or operations comply with laws regulations codes or standards. This condition applies not only to us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys reports or recommendations for us. 8. Legal Action Against Us No person or organization has the right under this policy a. Tojoin us as a party or otherwise bring us into a suit asking for damages from an insured or b. To sue us under this policy unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured but we will not be liable for damages that are not payable under the terms of this policy or that are in excess of the applicable Limits of Insurance of this policy. An agreed settlement means a settlement and release of liability signed by us the insured and the claimant or the claimant s legal representative. 9. Maintenance of Underlying Insurance During the policy period you must ensure that a. All underlying insurance remains in effect b. The terms definitions conditions and exclusions of all underlying insurance do not materially change c. Any renewals or replacements of any underlying insurance will not be more restrictive in coverage and will afford limits of insurance equal to or greater than the policy being renewed or replaced LCU 00010118 2017 Liberty Mutual Insurance Page 16 of 24 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 1 |
10. 11. 12. 13. d. The total applicable limits of all underlying insurance do not decrease except for any reduction or exhaustion of aggregate limits by payment of judgments or settlements and e. You notify us in writing as soon as practicable if any underlying insurance is cancelled not renewed replaced or otherwise terminated or if the limits or scope of coverage of any underlying insurance is changed. Failure to comply with these requirements will not invalidate this insurance. However in the event of such failure we will only be liable to the same extent that we would have been had you fully complied with these requirements. Named Insureds a. The first named insured is authorized to act and agrees to act on behalf of all persons or organizations insured under this policy with respect to all matters pertaining to the insurance afforded by the policy. b. Each Named Insured is jointly and severally liable for 1 All premiums due under this policy and 2 Any other financial obligations of any Named Insured to us arising out of any agreements contained in this policy. Other Insurance This insurance is excess over and will not share or contribute with any other insurance whether primary excess contingent or on any other basis. However this insurance will not seek contribution from any other insurance available to an additional insured provided that a. The additional insured is a Named Insured on such other insurance b. You have agreed in a written contract or agreement with the additional insured that this insurance would not seek contribution from any other insurance available c. Underlying insurance includes the person or organization as an additional insured and d. Underlying insurance provides coverage to the person or organization on a primary and noncontributory basis. Representations By accepting this policy you agree a. The statements in the Declarations are accurate complete and based on information and representations you provided or made to us b. We have issued this policy in reliance upon your information and representations. Separation of Insureds Except with respect to the Limits of Insurance of this policy and any rights or duties specifically assigned to the first named insured this insurance applies a. As if each Named Insured were the only Named Insured and b. Separately to each insured against whom claim is made or suit is brought. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 17 of 24 | 1 |
14. 15. 16. 17. 18. 19. Terms Conformed to Statute The terms of this policy which are in conflict with the statutes laws ordinances or regulations of the state or jurisdiction where this policy is issued are amended to conform to such statutes laws ordinances or regulations. Trade or Economic Sanctions This insurance applies except to the extent coverage is in violation of any trade or economic sanction embargo or similar regulation imposed by the United States of America. Transfer of Rights of Recovery Against Others to Us a. If any insured has rights to recover all or part of any payment we have made under this policy those rights are transferred to us. The insured will do all that is necessary to secure such rights and must help us enforce them. The insured will do nothing after loss to prejudice such rights. We have the right to recover our payments from anyone liable for injury or damage covered by this policy. We waive any right of recovery we may have against a person or organization if you waive any right of recovery against such a person or organization in a written contract but only if such contract was executed prior to injury or damage. b. Any recoveries shall be applied as follows 1 Any person or organization including the insured that has paid an amount in excess of the applicable Limits of Insurance of this policy will be reimbursed first 2 We then will be reimbursed up to the amount we have paid and 3 Lastly any person or organization including the insured that has paid an amount over which this policy is excess is entitled to claim the remainder. Expenses incurred by us in the exercise of the rights of recovery shall be apportioned among the persons or organizations including the insured in the ratio of their respective recoveries as finally settled. Transfer of Your Rights and Duties Your rights and duties under this policy may not be transferred without our written consent. If you die or are legally declared bankrupt your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. However in such event notice of cancellation of this policy sent to the first named insured and mailed to the last mailing address known to us will be sufficient notice to effect cancellation of this policy. Unintentional Failure to Disclose There will be no coverage under this policy for hazards you fail to disclose at the inception of the policy period except that unintentional failure of the Named Insured to disclose all hazards existing at the inception of this policy shall not be a basis for denial of any coverage afforded by this policy. However you must report the hazard to us as soon as practical after discovering the failure to disclose. When Loss is Payable Coverage under this policy will not apply unless and until the insured or the underlying insurer has paid or is obligated to pay the full amount of the retained limit. However when an agreed settlement or final judgment has been determined we will promptly pay on behalf of the insured those sums falling within the terms of this policy. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 18 of 24 | 1 |
You will promptly reimburse us for any amount within the Self Insured Retention paid by us on your behalf. SECTION VIl DEFINITIONS 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 the purposes of this definition a. Notices that are published include material placed on the Internet or on similar electronic means of communication and b. Regarding websites only that part of a website that is about your goods products or services for the purposes of attracting customers or supporters is considered an advertisement. 2. 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 where it is licensed or principally garaged. However auto does not include mobile equipment. 3. Bodily injury means physical injury sickness or disease including death of a person. Bodily injury also means mental injury mental anguish humiliation or shock if resulting from physical injury sickness or disease to that person. 4. Covered auto means only an auto for which coverage is provided by underlying insurance. 5. 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. 6. Employee includes a leased worker. Employee does not include a temporary worker. 7. Executive officer means a person holding any of the officer positions created by your charter constitution by laws or any other similar governing document. 8. First named insured means the person or organization shown as the Named Insured in the Declarations or if more than one name appears the Named Insured listed first in the Declarations. 9. Fungi means any type or form of fungus including mold or mildew and any mycotoxins spores scents or byproducts produced or released by fungi. 10. Hostile fire means a fire that becomes uncontrollable or breaks out from where it was intended to be. 11. 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 LCU 00010118 2017 Liberty Mutual Insurance Page 19 of 24 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 19 of 24 | 1 |
b. Your fulfilling the terms of the contract or agreement. 12. Insured contract means A contract for lease of premises. However that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an insured contract A sidetrack agreement Any easement or license agreement except in connection with construction or demolition operations on or within 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 any of your employees of any auto. However such contract or agreement shall not be considered an insured contract to the extent that it obligates you or any of your employees to pay for property damage to any auto rented or leased by you or any of your employees or That part of any other contract or agreement pertaining to your business including an indemnification of a municipality in connection with work performed for a 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 provided the bodily injury or property damage is caused in whole or in part by you or by those acting on your behalf. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraphs f. and g. above do not include that part of any contract or agreement 1 That indemnifies a railroad for bodily injury or property damage arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle tracks road beds tunnel underpass or crossing That pertains to the loan lease or rental of an auto to you or any of your employees if the auto is loaned leased or rented with a driver That holds a person or organization engaged in the business of transporting property by auto for hire harmless for your use of a covered auto over a route or territory that the person or organization is authorized to serve by public authority 4 That indemnifies an architect engineer or surveyor for injury or damage arising out of a Preparing approving or failing to prepare or approve maps shop drawings opinions reports surveys field orders change orders drawings and specifications or b Giving directions or instructions or failing to give them if that is the primary cause of the injury or damage or 5 Under which the insured if an architect engineer or surveyor assumes liability for an injury or damage arising out of the insured s rendering or failure to render professional services including those listed in Paragraph 4 above and supervisory inspection architectural or engineering activities. 13. 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. LCU 00010118 2017 Liberty Mutual Insurance Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 20 of 24 | 1 |
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